Federal Constitutional Law on the Government of the Russian Federation

Federal Constitutional Law on the Government of the Russian Federation
Name	Federal Constitutional Law on the Government of the Russian Federation
Enacted	1997
Jurisdiction	Russia
Status	in force

Federal Constitutional Law on the Government of the Russian Federation is a foundational statute that delineates the institutional framework, competencies, and procedural rules governing the executive branch of the Russian Federation. It operates within the constitutional order established by the Constitution of the Russian Federation and interacts with statutory regimes such as the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, and sectoral laws governing the Central Bank and security services. The law’s text has been shaped by historical events including the 1993 Russian constitutional crisis, institutional actors like the President of Russia, State Duma, and Federation Council, and jurisprudence from the Constitutional Court of Russia.

Overview and Purpose

The law establishes rules for executive formation similar to governance documents in comparative contexts such as the Basic Law for the Federal Republic of Germany and the United States Constitution, defining responsibilities attributed to the Russian Government, the Prime Minister, and federal ministries like the Ministry of Foreign Affairs and the Ministry of Defence. It aims to balance presidential prerogatives found in the office of the President of Russia with parliamentary oversight by the State Duma and to provide administrative coherence alongside regional institutions such as the federal subjects and the Presidential Executive Office.

Legal Status and Constitutional Basis

The law derives authority from provisions of the Constitution of the Russian Federation that allocate executive powers and prescribe appointment procedures involving the President of Russia, the State Duma, and the Federation Council. Its provisions are interpreted in light of decisions by the Constitutional Court of Russia, precedents from the Supreme Court of Russia, and international obligations under treaties like the European Convention on Human Rights to which the Russian Federation is party. Interactions with federal statutes such as the Federal Law on Governmental Control and regulatory acts of the Chairman of the Government further define its operational status.

Composition and Structure of the Government

The statute specifies the composition of the executive including the Prime Minister, deputy prime ministers, federal ministers heading ministries such as the Ministry of Finance, Ministry of Internal Affairs, and heads of federal services like the Federal Tax Service. It distinguishes collective organs from individual officeholders, prescribes staffing and remuneration consistent with norms applied in institutions like the Presidential Administration of Russia and the State Duma, and recognizes coordination roles similar to those in the European Commission and the Cabinet of the United Kingdom.

Powers and Functions

The law allocates executive functions including drafting federal budgets associated with the Ministry of Finance, implementing federal laws enforced under the Office of the Prosecutor General, managing foreign policy instruments coordinated with the Ministry of Foreign Affairs, and supervising economic regulation that interfaces with the Central Bank of the Russian Federation. It assigns regulatory powers, decree implementation duties consistent with decrees of the President of Russia, and emergency functions activated during events like the First Chechen War and policy responses akin to crisis measures used by the Government of France and Government of Japan.

Appointment, Dismissal, and Accountability

Procedures for appointment of the Prime Minister are linked to nomination by the President of Russia and confirmation by the State Duma, with dismissal mechanisms involving presidential resignation, votes of no confidence in the State Duma, and removal proceedings considered by the Federation Council. Ministers are appointed and dismissed by the President of Russia on the recommendation of the Chairman of the Government, subject to conventions comparable to those in the Russian Empire transition and to political checks exercised by parliamentary groups such as those in the United Russia and Communist Party of the Russian Federation. Accountability mechanisms include reporting to legislative committees of the State Duma and oversight by the Accounts Chamber of Russia.

Relations with the President and Federal Assembly

The law formalizes executive relationship channels with the President of Russia, prescribing areas of exclusive presidential competence and areas of shared responsibility with the Government, while creating reporting duties toward the State Duma and consultation procedures with the Federation Council. It codifies mechanisms for executive-legislative coordination during budget adoption with the State Duma and treaty ratification with the Federation Council, reflecting institutional interactions seen in the systems of the United States and France.

Federal Executive Bodies and Administration

The statute identifies federal ministries, services, and agencies such as the Ministry of Justice, the FSB, the Federal Customs Service, and subordinate federal agencies, establishing hierarchies, competency boundaries, and administrative procedures that correspond to frameworks used by the European Court of Human Rights in examining administrative law. It details organizational rules for territorial organs operating in entities like Moscow and Saint Petersburg, and assigns interagency coordination roles for crisis management paralleling those of the National Guard of Russia and regional governors.

Amendment and Judicial Review Procedures

Amendments to the law follow constitutional amendment procedures governed by the Constitution, involving legislative acts of the State Duma, approval by the Federation Council, and promulgation by the President of Russia, with substantive review by the Constitutional Court of Russia. Judicial review of executive acts under this law is pursued in venues such as the Supreme Court of Russia and administrative courts, in contexts influenced by international jurisprudence from bodies like the European Court of Human Rights and comparative practice from the Council of Europe.

Category:Law of Russia