In the article the functions of the President of Russia in the system of realization of public authority are observed and classification of those functions is offered. The author of the article distinguishes in the first place traditional representational function of the President of Russia, and secondly indicates the presence of specific functions of the head of the Russian country, connected with the coordination of public authorities and arbitration of public authorities in case of political conflicts. Thirdly, function of public administration that is realized by specific inherent presidential power methods, is observed. Meanwhile the author take an attempt to distinguish executive power and presidential power in the system of public administration. So that it is supposed that presidential power have an authority to moderate the executive power. The author of the article comes to the conclusion of the independent political and law nature of the functions of presidential power, that are not peculiar to the other branches of power.
In the article the decisions of the Constitutional Court of the Russian Federation concerning the realization of the presidential power in Russia are analyzed. The study shows that the largest share of decisions containing legal positions on the constitutional and legal principles of functioning of the presidential power was made in the first five years after the resumption of the functioning of the Constitutional Court of the Russian Federation. The basis of the relevant decisions is the approach on the special status of the head of state in the system of implementation of public power, which is the guarantor of the Constitution of the Russian Federation and ensures the coordinated functioning of public authorities. The Constitutional Court of the Russian Federation in these decisions seriously detailed and concretized the constitutional provisions on the status of the head of state. The author of the article believes that the legal positions formed by the judicial body ensure the stability and balanced nature of the implementation of public power in the Russian Federation.
In the article, some features of legal technique of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation On the improving regulation of certain issues of the organization and functioning of public authorities are observed. The author of the article pays attention to the difficulties of the legal understanding of some new provisions of the Constitution of Russia. In this context, the author concludes, that such constitutional provisions can be clarified by formation of legal positions by the Constitutional Court of Russia and by the adoption of amendments to the current legislation. Besides, in the article attention is paid to the need of rethinking of certain being formed legal positions of the Constitutional Court of Russia in the context of changing powers of public authorities. It is marked, that the forming of legal certainty regime is an urgent guarantee of the warning of the constitutional conflicts.
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