The Government of the Russian Federation consists of the Chairman of the Government, his deputies and federal ministers. The total number of members of the Government depends on the number of posts of Deputy Prime Ministers, federal ministries of the Russian Federation, government posts of ministers of the Russian Federation, introduced by presidential decrees. The composition of the Government is of legal importance for determining the competence of its decisions. Each member of the Government has the right of one casting vote at Government meetings. A meeting of the Government shall be deemed competent if at least half of its members are present at it.

Government Formation. The Chairman of the Government is appointed by the President with the consent of the State Duma. The appointment of a new Prime Minister and, accordingly, the formation of a new Government occur each time after; a) the assumption of office of the newly elected President (this may be a person who has previously replaced the office of the President and re-elected for a new term); b) the resignation of the Government.

The President no later than two weeks after taking office or after the resignation of the Government is obliged to submit to the State Duma a proposal on the candidacy of the Prime Minister. Within a week, the State Duma is obliged to consider the candidacy submitted and adopt a resolution on the consent to the appointment or its rejection.

The procedure for considering this issue and adopting a resolution is regulated by the Rules of Procedure of the State Duma. The President or his plenipotentiary representative in the State Duma formally nominates a candidate for the post of Prime Minister. The candidate for the position, in turn, presents to the State Duma a program of the main activities of the future Government, answers questions from deputies. The discussion is open, representatives of factions and deputy groups speak out in favor of or against the nomination.

The consent of the State Duma is considered to be obtained if the majority of the total number of deputies of the Duma voted for the proposed candidate. In the event of rejection of the nomination, the President shall submit a new proposal within a week from the day of its rejection. When making proposals to the Duma on candidates for the post of Prime Minister, the President is entitled to represent the same candidate twice, thrice, or to introduce a new candidate each time.

If the State Duma rejects the nominations three times, a special procedure for the formation of the Government comes into force. The President independently appoints the Prime Minister, dissolves the Duma, and calls for new elections. At the same time, the President can appoint any candidate, both proposed to them earlier by the Duma, and a new one. After the election of a new composition of the Duma, the Chairman of the Government, appointed by the President in a special manner, continues to work without going through the approval process.

Decision of the Constitutional Court in the case of interpretation of part 4 of Art. 111 of the Constitution of the Russian Federation caused an ambiguous assessment of the scientific legal community. Most authors of publications did not support the position of the Constitutional Court, joining two dissenting opinions of judges N.V. Vitruka and V.O. Luchina, who believe that the President is not entitled to represent the same person three times, without taking into account the opinion of the State Duma. Here is an excerpt from the dissenting opinion of Judge N.V. Vitruka: “The State Duma, giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation, acts as a means of restraint, a certain counterweight, but it cannot be a means of pressure, since the number of rejections of candidates is limited.

The President, proposing candidates for the post of Chairman of the Government of the Russian Federation, must seek and find agreement with the State Duma, selecting the appropriate candidate. ” According to the judge V.O. Lucina, the State Duma “should have a real opportunity to choose from the nominations that which it considers the most acceptable. If the State Duma as a subject of legislative power expressed a negative attitude towards the proposed candidate, then the President should not impose his will. He cannot violate the independence of the legislature and is obliged to obey its decision? ”

The Constitution does not limit the choice of the President to the political affiliation of a candidate for the post of Prime Minister, although he is forced to take into account the alignment of political forces in parliament. Constitutional practice indicates that this person should be a professional manager, as a rule, already working in the Government in other positions. The figure of the Chairman of the Government has a high political weight, constitutional and administrative significance and is not reduced to the role of the “technical director” of the government.

Deputy Prime Ministers and federal ministers are appointed and dismissed by the President at the proposal of the Prime Minister. This procedure does not yet have a sufficient degree of publicity and openness, since only two officials participate in the discussion. The President is not entitled to ignore the nominations presented to him by the Prime Minister or to appoint any persons contrary to the position of the Prime Minister. Actually, this can happen, but taking into account the principle of constitutional interaction between the authorities and coordination of wills, the President is obliged to exercise constitutional restraint in relation to his prerogatives, ensuring the right of the Prime Minister to select a team of like-minded people.

The procedure for the formation of the Government is not limited to strict time frames. A part of the Deputy Prime Ministers, key ministers are usually appointed in the first days after the appointment of the Prime Minister. It is entirely permissible at the first meeting of the new cabinet the presence of persons who are still acting as members of the Government who have resigned or resigned.

Termination of Government. The government is formed with a predetermined period of validity. The maximum possible period of his activity corresponds to the term of office of the President who formed the Government, i.e. the four years to which the time required for the newly elected President to take office should be added. It is necessary to distinguish between the constitutional mechanisms of the resignation of the Government, the resignation of its powers. Dismissal of individual members of the Government. In some cases, they may be interconnected.

The Chairman of the Government is removed from office by the President upon a letter of resignation or if it is impossible to fulfill his powers. The law provides that the dismissal of the Chairman of the Government simultaneously entails the resignation of the Government. On the day of the decision to dismiss the Prime Minister, the President shall notify the House of Parliament.

According to the meaning of the law, the President is not entitled to dismiss the Chairman of the Government at his discretion, without requiring him to resign. And although the statement is an act of voluntary expression of will, in this procedure the Chairman of the Government has no choice. By virtue of the principle of coordinated interaction of organs state power   he is obliged to resign at the request of the President. If the statement does not follow, the President dismisses the entire Government.

Although the legal consequences are the same in both cases, the practice of dismissing the Government in order to replace only the Chairman of the Government cannot be considered justified. The same applies to situations when the Chairman of the Government finds out about his resignation after the signing of the relevant decree by the President.

On his own initiative, the Chairman of the Government submits a letter of resignation if he does not agree with the main directions of the state’s internal and foreign policies determined by the President, including with the forms and methods of interaction between the head of state and the Government, or for personal reasons related to the state of health family relationships.

The impossibility of the Prime Minister to exercise his powers - the second reason for dismissal - can be expressed in situations where the actual submission of an application for objective reasons is impossible or inappropriate (prolonged stay in a painful state, committing a crime, applying for a political asylum to a foreign state) .

The dismissal of the Deputy Prime Ministers and federal ministers is carried out in the same manner as the appointment - by decree of the President on the proposal of the Prime Minister. This "mechanism is more consistent with forced resignation. Members of the government can apply for their voluntary resignation. The question of who this statement is submitted to (the President or the Prime Minister), whether the President is obliged to take into account the views of the Prime Minister, and whether the President can not accepting the voluntary resignation of a member of the Government remains outside the scope of legislative regulation.

Obviously, the voluntary resignation of a member of the Government, by analogy with the resignation of the entire Government, may not be accepted if the person does not insist on dismissal, and the application submitted by him is considered an act of political responsibility that he is ready to incur for certain actions or events. The dismissal of a member of the Government may also occur due to the abolition of the federal ministry, the reduction of the post of Deputy Chairman of the Government, the liquidation of the state post of the Minister of the Russian Federation in certain areas of activity.

The Constitution of the Russian Federation provides for several procedures for the resignation of the Government:

1. government resignation letter (part 1 of article 117);
2. constitutional initiatives of the President (part 2 of article 117);
3. the State Duma's expression of no confidence in the Government (Part Z. 117);
4. refusal of the State Duma to trust the Government (part 4 of article 117):

The government may resign, which is accepted or rejected by the President (part 1 of article 117 of the Constitution). In this case, the Chairman of the Government on behalf of the Government shall submit a petition (application) for resignation. The legislation is silent on the procedure for making such a political decision, but, based on the meaning of the constitutional norm, this should be a collegial decision, although it is not necessary to hold a meeting to identify the opinions of all members of the Government. The Government’s statement of resignation serves as a kind of means of seeking political support from the President - he can provide it without accepting the statement, or refuse it by sending him to resign.

The President may decide on the resignation of the Government on his own initiative on the basis of constitutional discretion. This discretion has certain boundaries established by the constitutional principles of coordinated interaction, independence of state authorities, and responsibility of authorities. It is desirable that the presidential decision be politically motivated.

The State Duma may express no confidence in the Government. A motivated motion to express no confidence may be submitted by a group of deputies of at least one fifth of the total number of deputies of the Duma. A resolution on this issue is adopted by a majority of the total number of deputies within a week after its introduction.

In connection with the consideration of this issue, the Chairman of the Government has the right to make a political statement at a meeting of the Duma. During the discussion, deputies ask members of the Government questions, express their opinion. Deputies who initiated the expression of no confidence have the right to withdraw their signatures prior to voting; if at the same time the number of deputies who have submitted a proposal becomes less than one fifth, then the issue is withdrawn from consideration.

The President has the right to use the initial expression of distrust as a constitutional reason for the resignation of the Government or to disagree with the opinion of the State Duma. If, within three months, the Duma reiterates its distrust of the Government, the President is obliged to decide on the resignation or dissolution of the State Duma and the calling of new elections.

The Chairman of the Government may raise before the State Duma a question of confidence in the Government. In this case, he makes a motivated submission to the Duma, which is considered in an extraordinary order. If the Duma refuses to trust, the President must, within seven days, sign a decree on the resignation of the Government or a decree on the dissolution of the State Duma and the calling of new elections. Such tough legal consequences have led to the consolidation in the Rules of State Duma of a peculiar decision-making procedure, which in some cases avoids direct pressure on deputies.

First, a resolution on confidence in the Government is put to the vote - if it does not gain a majority of votes, a resolution on no confidence in the Government is put to the vote. If it does not gain a majority of votes, the consideration of the issue is terminated.

When applying these provisions, the restrictions on the dissolution of the State Duma established by Part 3 of Art. 109 of the Constitution, namely, the President is not entitled to dissolve the State Duma within a year from the moment of its election.

The constitutional practice was faced with a layering of procedures for expressing distrust and raising the question of trust, which does not contradict the Constitution, but under certain circumstances distort the meaning of the interaction between the two branches of government. Naturally, expressing distrust, the State Duma seeks to influence the goals, objectives, methods of political and administrative practice of the Government.

If, after a short period of time after expressing no confidence or at the time of consideration of this issue, the Chairman of the Government raises the question of confidence in the Government, the State Duma will be forced to take such a decision under threat of dissolution, although the Government had not taken real steps to change its political course by this time.

In this regard, the Rules of Procedure of the State Duma provide for a mechanism allowing the separation of these two constitutional procedures in time. If the State Duma expresses no confidence in the Government, and the President does not agree with this decision, then the presentation of the Chairman of the Government on trust is considered after three months from the date of expressing no confidence.

The legislation does not provide for the possibility of the State Duma to express distrust to an individual member of the Government, and therefore, if such a resolution is adopted, it is only an official position of the Duma and does not entail legal Consequences.

The ordinary constitutional procedure for terminating the activities of the Government is the resignation of the newly elected; By the President (Article 116 of the Constitution). Thus, on the one hand, the continuity of state power is ensured, and on the other, conditions are created for the new President to exercise his prerogatives to form the Government. This mechanism also functions during the re-election of the President for a second term.

The resignation of powers is formalized by an order of the Government, which is signed by its Chairman on the day the President takes office. In case of resignation or resignation of powers, the Government, on behalf of the President, continues to act until the formation of a new Government (part 5 of article 117 of the Constitution). Such a procedure allows for the continuity of the executive branch, but the newly elected President, who decided to change the political course, may not take advantage of it by appointing other persons as interim.

Upon dismissal of the Chairman of the Government, the President is entitled to entrust the performance of the duties of the Chairman of the Government to one of his deputies for a period of up to two months. The constitutional practice broadens the conditions for the application of this rule, since the Chairman of the Government, who has not been dismissed, but who has resigned along with the Government, as a rule, does not have to fulfill his duties, in contrast to the resignation of the Government before the President, re-elected for a new term.

It seems that the President does not have the right to impose the duties of the Prime Minister on himself (although such experience has existed in Russian constitutional practice) and does not have the right to impose these duties on a person who is not the Deputy Prime Minister.

The practice of new staff appointments made by the President alone after the resignation of the Government requires additional justification. We are talking about cases of the appointment of an acting Deputy Chairman of the Government, on whom the execution of the duties of the Chairman of the Government is entrusted.

Obviously, the President has the right to remove certain members of the Government who have resigned from office, thereby revoking his order to fulfill his duties. At the same time, coordination of staff appointments with the acting Chairman of the Government is not required.

President of Russian Federation:

a) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;

b) has the right to chair meetings of the Government of the Russian Federation;

c) decide on the resignation of the Government of the Russian Federation;

d) submit to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; poses before the State Duma the question of dismissal of the Chairman of the Central Bank of the Russian Federation;

e) upon the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses deputy chairmen of the Government of the Russian Federation and federal ministers;

f) submits to the Federation Council candidates for appointment to the post of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints judges of other federal courts * (15);

f.1) submits to the Council of the Federation candidates for appointment to the post of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation; makes proposals to the Federation Council on the dismissal of the Prosecutor General of the Russian Federation and the deputies of the Prosecutor General of the Russian Federation; appoints and dismisses prosecutors of the constituent entities of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, regions and equivalent prosecutors * (16);

e.2) appoints and dismisses representatives of the Russian Federation in the Federation Council * (17);

g) forms and heads the Security Council of the Russian Federation, whose status is determined by federal law;

h) approve the military doctrine of the Russian Federation;

i) forms the Administration of the President of the Russian Federation;

j) appoint and dismiss authorized representatives of the President of the Russian Federation;

k) appoint and dismiss the high command of the Armed Forces of the Russian Federation;

l) appoints and recalls, after consultation with the relevant committees or commissions of the chambers of the Federal Assembly, diplomatic representatives of the Russian Federation in foreign states and international organizations.

Commentary on Article 83 of the Constitution of the Russian Federation

A. By virtue of his place in the system of separation of powers, the President, as head of state, determines in accordance with the Constitution and federal laws the main directions of the state’s internal and foreign policy (part 3 of article 80), the implementation of which is vested in the Government (part 1 of article 114). This is precisely what determines the President’s powers to form the Government, determine its activities and control it (clauses “a-” c, “d”, art. 83, art. 111 and 112, part 3 of art. 115, art. 117 Of the Constitution), as well as the constitutional responsibility of the President for the work of the Government, which implies the role of the President in determining the personal composition of the Government, including in the selection of the candidate and the appointment of the Chairman of the Government in coordination with the State Duma.

According to the Law on the Government of the Russian Federation, the Chairman of the Government is appointed by the President from among citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation in the territory of a foreign state, in the manner established by the Constitution.

A proposal for the candidacy of the Chairman of the Government shall be submitted to the State Duma no later than two weeks after the newly elected President takes office or after the Government resigns, or within a week from the day the State Duma rejects the candidate. The State Duma considers the candidacy of the Prime Minister submitted by the President within a week from the day of the proposal for candidacy (see commentary to parts 2 and 3 of article 111).

The need to obtain the consent of the State Duma for the appointment of the Chairman of the Government proposed by the President is determined by the fundamental provisions of the Constitution on the unity of the state power system, as well as on the importance of the coordinated functioning of independently operating legislative and executive bodies. At the same time, determining the conditions and procedure for appointing the Chairman of the Government, the Constitution provides for ways to overcome possible disagreements of the branches of government in order to prevent a delay in the formation and, as a result, block the activities of the Government as one of the institutional elements of the constitutional system of the Russian Federation (see commentary to part 1 Article 11).

The choice of the candidacy of the Prime Minister submitted by the State Duma is the preserve of the President. The Constitution, without limiting this right, allows the President to determine the specific option for its implementation, namely to submit a proposal for the same candidate twice or thrice, or to introduce a new candidate each time. In turn, the State Duma participates in the appointment of the Chairman of the Government, giving consent or refusing consent to the appointment of the proposed candidate. At the same time, the Constitution does not imply the possibility of legal restrictions on the named powers of participants in this process (see Decision of the Constitutional Court of the Russian Federation of 11.12.1998 N 28-P "In the Case of the Interpretation of the Provisions of Part 4 of Article 111 of the Constitution of the Russian Federation * (960)).

Discussion and approval by the State Duma of candidates for the post of Chairman of the Government takes place within the time and procedure stipulated by the Rules of Procedure of the State Duma (Articles 144-148). The consent of the State Duma to appoint the Chairman of the Government is considered to be obtained if the majority of the total number of deputies of the State Duma voted for the proposed candidate. If the State Duma rejects a candidate for the post of Prime Minister, the President within a week makes a proposal for a new candidate. In the event the State Duma doubles the rejection of the nominations, the President within the week from the day of rejection of the second candidacy makes a third time the candidacy for the post of Prime Minister.

The practice of interaction between the President and the State Duma on the appointment of the Prime Minister is extremely diverse. It includes both the approval of the proposed candidacy of the Prime Minister at the first submission, and the submission of the same candidate three times, as well as the application of conciliation procedures after the candidate is twice rejected. In the event of a three-fold rejection by the State Duma of the candidacy of the Prime Minister submitted by the President of the President - regardless of which of the possible options for the nomination of candidates was used, the mandatory consequence is the appointment by the President of the Prime Minister, the dissolution of the State Duma and the appointment of new elections (see commentary on 4 v. 111). Such a constitutional legal way of resolving disagreements between the President and the State Duma using the free election mechanism is consistent with the foundations of the constitutional system of the Russian Federation as a democratic state of law.

B. For the purposes of paragraph “b” of the commented article, the President is entitled, at his discretion, to chair the meetings of the Government. This right of the President is connected with his status as the head of state, which determines the main directions of the country's domestic and foreign policy. The right of the President to chair meetings of the Government is also enshrined in Art. 31 of the Law on the Government of the Russian Federation and in Art. 35 of the Regulations of the Government of the Russian Federation. In addition, according to Art. On 31 of this Law, the President also has the right to chair meetings of the Government Presidium. Draft acts of the Government, considered at meetings of the Government under the chairmanship of the President, are sent by the Government Office to the Presidential Administration in the manner established by the President * (961).

B. According to paragraph "c" of the commented article, the President decides on the resignation of the Government. The Constitution and federal legislation contain a number of grounds for the President to make such a decision.

The initiators of the resignation of the Government may be:

1) The President on the basis of Part 2 of Art. 117 of the Constitution. In this case, the right of the President of his own free will to decide on the resignation of the Government is not limited by any conditions;

2) The Government itself in accordance with Part 1 of Art. 117 of the Constitution. In this case, the President has the right to accept or reject the Government’s request for resignation;

3) The State Duma, which in accordance with Part 2 of Art. 117 of the Constitution may express in the established manner distrust of the Government. In this case, the President is entitled to announce the resignation of the Government or disagree with the decision of the State Duma. If the State Duma reiterates its lack of confidence in the Government within three months, the President announces the resignation of the Government or dissolves the State Duma;

4) The Chairman of the Government may raise before the State Duma a question of confidence in the Government. And if the State Duma refuses to trust the Government, the President must either decide on the resignation of the Government within seven days or dissolve the State Duma and call new elections (part 4 of article 117 of the Constitution).

In addition, according to Art. 7 of the Law on the Government of the Russian Federation, the President may dismiss the Chairman of the Government (at his request or in case of impossibility to exercise his powers), and this circumstance simultaneously entails the resignation of the Government. The President is obliged to notify the Federation Council and the State Duma of the dismissal of the Chairman of the Government on the day the decision is made. The only case when the President does not have a choice and is obliged to accept the resignation of the Government is the resignation of the Government by its government before the newly elected President on the basis of Art. 116 of the Constitution and Art. 35 of the Law on the Government of the Russian Federation.

G. The main function of the Central Bank of the Russian Federation is to protect and ensure the stability of the ruble, which, according to the Constitution, it exercises independently of other public authorities (paragraph 2 of article 75 of the Constitution). However, the independence of the Bank of Russia, as well as other state institutions, is not absolute: it is limited by a system of checks and balances, one of the elements of which is the participation of various branches of government in the formation of governing bodies of the Central Bank of the Russian Federation. For example, the National Banking Council, a collegial body of the Bank of Russia, consists of 12 people, two of whom are sent by the Federation Council from among its members, three by the State Duma from among the State Duma deputies, three by the President, and three by the Government. The National Banking Council also includes the Chairman of the Central Bank of the Russian Federation.

According to paragraph “d” of the commented article, the President submits to the State Duma a candidate for appointment to the post of Chairman of the Central Bank, and also raises before the State Duma the question of dismissing the Chairman of the Central Bank. The specified constitutional norm is specified by the Law on the Central Bank of the Russian Federation. According to Art. 14 of this Law, the Chairman of the Bank of Russia is appointed and dismissed by the State Duma on the proposal of the President. The President submits to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation no later than three months before the expiration of the powers of the Chairman-in-Office. In the event of early dismissal of the Chairman of the Central Bank of the Russian Federation, the President submits a candidate for this position within two weeks from the date of such dismissal.

Cases where the President is entitled to submit to the State Duma submissions on the dismissal of the Chairman of the Bank of Russia are strictly regulated by this Law. The Chairman of the Bank of Russia may be removed from office only in the following cases: expiration of the term of office; the impossibility of performing official duties, confirmed by the conclusion of the state medical commission; filing a personal resignation letter; commission of a criminal offense established by a court verdict that has entered into legal force; violations of federal laws that regulate issues related to the activities of the Bank of Russia.

According to the Rules of Procedure of the State Duma, the candidacy for the post of Chairman of the Central Bank of the Russian Federation and the President’s proposal to dismiss the Chairman of the Central Bank of the Russian Federation are preliminary considered at joint or separate meetings of the State Duma Committee on Budget and Taxes and the State Duma Committee on Credit Organizations and Financial Markets. These committees submit the draft (or projects) of the decision of the State Duma to the Chamber * (962). In the event the State Duma rejects the candidacy proposed for the position of the Chairman of the Bank of Russia, the President proposes a new candidacy within two weeks. The same candidacy may not be submitted more than two times. The dismissal of the Chairman of the Central Bank of the Russian Federation from the post should take place in an order similar to his appointment to the post, providing for the majority of votes of the total number of deputies of the State Duma.

D. According to the Constitution, the President appoints and dismisses Deputy Prime Ministers and federal ministers. The head of state makes these appointments at the proposal of the Prime Minister.

The specified norm is specified by the Law on the Government of the Russian Federation (Article 9). The consent of the chambers of the Federal Assembly on the appointment and dismissal of deputy prime ministers and federal ministers is not required.

The President’s personnel prerogatives for the appointment and removal of all members of the Government are one of the important tools in the hands of the head of state, allowing him to carry out general management of the activities of the Government and the executive branch as a whole. At the same time, this means that members of the Government have a certain independence in relation to their leader - the Chairman of the Government.

The President’s authority, at the proposal of the Prime Minister, to appoint deputy Prime Ministers and federal ministers is closely related to the establishment by the head of state of the structure of federal executive bodies. From a systematic interpretation of the provisions of the Constitution it follows that the structure of federal executive bodies, which the Chairman of the Government in the established part 1 of art. 112 of the Constitution proposes a week-long period to the President, includes a list of these bodies as the basis for the nomination of candidates for relevant posts in the Government (see part 2 of article 112) (Resolution of the Constitutional Court of the Russian Federation of 27.01.1999 N 2-P * (963)). The structure of federal executive bodies is determined by the tasks and powers of the Government to exercise executive power, as enshrined in Art. 114 of the Constitution and specified in the Law on the Government of the Russian Federation. In order to exercise these powers, other federal bodies are also being created, which, together with the Government, will form the structure of federal executive bodies.

It should be noted that the personnel powers of the head of state in relation to federal executive bodies are not limited to the appointments listed in paragraph "e" of the commented article. Since the President, in accordance with the Constitution, federal constitutional laws, and federal laws, directly directs the activities of federal executive bodies in charge of defense, security, internal affairs, justice, foreign affairs, emergency prevention and natural disaster management, the head of state appoints the Chairman upon proposal Governments not only of leaders, but also of deputy heads of these bodies (see Art. 32 of the Law on Rights Russian Federation).

In accordance with Art. 68 of the Government Regulation, draft government acts on personnel matters of federal executive bodies, the activities of which are controlled by the President, are subject to agreement in the manner established by the President * (964). In addition, the President, using his constitutional right to appoint to the post of federal ministers, assigns this rank to officials who do not head federal ministries, and who manage other than ministries, government bodies   executive power, and includes them in the Government (the so-called "ministers without a portfolio").

E. According to paragraph “e” of the commented article, the President presents to the Federation Council candidates for appointment to the posts of judges of the highest judicial bodies, as well as the candidacy of the Prosecutor General; makes a proposal to the Federation Council on dismissal of the Prosecutor General; appoints judges of other federal courts. The Council of the Federation in accordance with paragraphs "g" and "h" part 1 of article 102 of the Constitution, appoints judges of the Constitutional Court of the Russian Federation, the Armed Forces of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, and also appoints and dismisses the Prosecutor General. The procedure for the appointment of these officials, including procedures for the interaction of the President with the legislative and judicial authorities in the selection and nomination process, is specified by federal law and the Rules of Procedure of the Federation Council.

So, in accordance with Art. 9 of the Law on the Constitutional Court of the Russian Federation, proposals for candidates for judges of the Constitutional Court may be submitted to the President by members of the Council of the Federation and deputies of the State Duma, as well as by the legislative bodies of the constituent entities of the Federation, higher judicial bodies and federal legal departments, all-Russian legal communities, legal scientific and educational institutions. The Federation Council is considering the appointment of a judge of the Constitutional Court no later than 14 days from the receipt of the Presidential submission. If necessary, the Chairman of the Federation Council convenes an extraordinary meeting of the chamber to consider this issue.

Each judge of the Constitutional Court is appointed individually by secret ballot. A person appointed as a judge of the Constitutional Court shall be deemed to have received a majority of the total number of members of the Federation Council during voting. In the event that a judge leaves the Constitutional Court, the idea of \u200b\u200bappointing another person to the vacant seat of a judge shall be submitted by the President to the Federation Council no later than a month from the day the vacancy is opened.

According to Art. 6.1 of the Law on the Status of Judges, the Chairperson of the Supreme Court, the Chairperson of the Supreme Arbitration Court * (965) are appointed by the Federation Council for a term of six years upon the recommendation of the President, subject to a positive opinion of the Higher Qualification Collegium of Judges. The Higher Qualification Collegium of Judges of the Russian Federation submits to the President the specified opinion no later than two months before the expiration of the term of office of the Chairman of the Supreme Court, Chairman of the Supreme Arbitration Court, and in case of early termination of the powers of these persons - no later than three months from the day the vacancy is opened.

The Deputy Chairman of the Supreme Court, the Deputy Chairman of the Supreme Arbitration Court are appointed by the Federation Council for a term of six years on the proposal of the President, based on the recommendation of the Chairman of the Supreme Court, Chairman of the Supreme Arbitration Court, if there is a positive opinion of the Higher Qualification Collegium of Judges of the Russian Federation.

The Chairperson of the Supreme Court, the Chairperson of the Supreme Arbitration Court shall submit to the President these submissions no later than two months before the expiration of the term of office of the said officials, and in case of early termination of the powers of these persons - no later than three months from the day the vacancy is opened.

The President shall submit to the Federation Council a proposal on the appointment of the Chairperson of the Supreme Court or Deputy Chairperson of the Supreme Court, Chairperson of the Supreme Arbitration Court or Deputy Chairperson of the Supreme Arbitration Court no later than 14 days before the expiration of their term of office, and in case of early termination of powers of these persons - no later than than six months after the opening of the vacancy. The Federation Council is considering the appointment of these officials within a period not exceeding 14 days after receiving a proposal from the President.

As for the chairmen, vice-chairmen and judges of all other courts, they are appointed by the President independently on the basis of representations of the Chairperson of the Supreme Court, the Chairperson of the Supreme Arbitration Court, as well as in the presence of a positive opinion of the relevant qualification collegium of judges (see article 6 of the Law on the Status of Judges) . Under the President, there is a Commission for the preliminary consideration of candidates for the positions of judges of federal courts * (966).

In accordance with Part 1 of Art. 121 of the Constitution, judges of federal courts are irremovable. The procedure and grounds for terminating or suspending the powers of a judge are established exclusively by federal law (see the commentary to part 2 of article 121).

The procedure for the appointment and dismissal of the Prosecutor General is different from the procedure for the appointment of judges of higher courts. It is regulated by the provisions of Art. 12 of the Law on the Prosecutor's Office and the Rules of Procedure of the Council of the Federation (chap. 25). In accordance with paragraph “e” of the commented article, the Prosecutor General is appointed to the post and dismissed by the Federation Council on the proposal of the President (see also commentary to Article 129).

The Federation Council is considering the appointment of the Prosecutor General within 30 days from the day following the day of receipt of the Presidential submission. If the candidacy proposed by the President for the position of the Prosecutor General does not receive the required number of votes of the members of the Federation Council, then the President shall submit a new candidacy to the Federation Council within 30 days. If the Federation Council rejects the candidacy submitted by the President for the appointment of the Prosecutor General, or the President’s proposal to dismiss the Prosecutor General, the Federation Council adopts a resolution inviting the President to consult with a view to overcoming the differences.

In practice, disagreements arose between the Federation Council and the President over the issuance by the head of state of a decree on the temporary removal of the Prosecutor General from office in connection with the initiation of criminal proceedings against him. The Constitutional Court, having considered a dispute on competence between the Federation Council and the President (see Decision of the Constitutional Court of the Russian Federation dated 01.12.1999 N 17-П * (967)), established that the constitutional legal status of the Federation Council and its competence are enshrined in the Constitution, and Also, the constitutional principles of the organization of the prosecutor’s office of the Russian Federation and criminal proceedings preclude the Federation Council from having the authority to suspend the Prosecutor General from office in this case. The Act on the temporary removal of the Prosecutor General from office, the need for which is caused by the initiation of criminal proceedings against him, is not only entitled, but also required to be issued by the President, who, as head of state, is responsible for the coordinated functioning of state authorities (parts 1 and 2 of article 80 , part 1 of article 85 of the Constitution) and, by virtue of its constitutional status, is obliged to issue legal acts ensuring the implementation of the Constitution and laws (article 90 of the Constitution) in all cases where there are no other mechanisms for this.

Based on the need for interaction between the President and the Federation Council in connection with the appointment and dismissal of the Prosecutor General, the Federation Council should be immediately informed of such a decision. If the relevant grounds fall away, the act that issued the decision on the temporary suspension of the Prosecutor General from office ceases to be valid.

G. According to this paragraph, the President forms and chairs the Security Council, the status of which is determined by federal law. Such a law is the Law of the Russian Federation dated 05.03.1992 N 2446-1 "On Security" (as amended on 06/26/2008). The issues of the organization and functioning of the Security Council are regulated in more detail by the Regulation on the Security Council of the Russian Federation, approved by Decree of the President of the Russian Federation dated 07.06.2004 N 726 (as amended on 07.25.2006). The Security Council is a constitutional body that prepares decisions of the President in the field of security. The Security Council considers issues of domestic and foreign policy of the Russian Federation in the field of security, strategic problems of state, economic, social, defense, information, environmental and other types of security, public health, forecasting, prevention of emergency situations and overcoming their consequences, ensuring stability and law and order. The Security Council is responsible for the state of protection of the vital interests of the individual, society and the state from external and internal threats.

The Security Council, in accordance with the Constitution, is formed and chaired by the President. The Security Council consists of: the President (who is the President ex officio), the Secretary of the Security Council, permanent members of the Security Council and members of the Security Council who are included in the Council and excluded from it on the proposal of the Secretary of the Council by the President. The Secretary is one of the permanent members of the Security Council.

Meetings of the Security Council are held on a regular basis in accordance with plans approved by the President on the proposal of the Secretary of the Security Council. The presence of permanent members and members of the Security Council at meetings of the Council is mandatory. Other persons may be involved in the meetings depending on the content of the questions. Decisions of the Security Council are adopted at meetings by a simple majority of the total votes and enter into force upon approval by the President of the Security Council. Decisions of the Security Council acquire the character of a normative legal act only after execution by presidential decrees.

The Security Council, in accordance with the main objectives of the activity, forms permanent interagency commissions that can be created on a functional or regional basis. If it is necessary to develop proposals for the prevention of emergency situations and liquidation of their consequences, protection of the constitutional order, sovereignty and territorial integrity of the Russian Federation, the Security Council may create temporary interdepartmental commissions. Permanent and temporary commissions are the main working bodies of the Security Council.

H. The military doctrine of the Russian Federation is a combination of official views (attitudes) that determine the military-political, military-strategic and military-economic foundations of ensuring military security.

The military doctrine of the state varies depending on the internal and foreign policies of the state. The current Military Doctrine, approved by Decree of the President of the Russian Federation of 04/21/2000 N 706, is caused by the need to reflect new realities - the formation of democratic statehood, a multistructure economy, military reform, and profound changes in the system of international relations. The provisions of the Military Doctrine are based on a comprehensive assessment of the state of the military-political situation and a strategic forecast for its development, on a scientifically sound definition of current and future tasks, objective needs and real possibilities of ensuring the military security of the Russian Federation, as well as on a systematic analysis of the content and nature of modern wars and armed conflicts , domestic and foreign experience in military construction and military art.

It is important to emphasize that the modern Military Doctrine is defensive in nature, which is predetermined by the combination in its provisions of a consistent commitment to peace with a firm determination to protect national interests and guarantee the military security of the Russian Federation and its allies.

With a change in the military-political situation, the provisions of the Doctrine can be specified and supplemented. The development of economic potential and the improvement of military organization may also influence its content. These changes are specified in the annual messages of the President, in directives and other documents on ensuring military security of the Russian Federation.

The Military Doctrine formulates the military-political foundations and factors of the military-political situation, as well as the conditions that have a destabilizing effect on the military-political situation. Currently, serious attention is paid to such factors as: strengthening national, ethical and religious extremism; intensification of separatism; activities of extremist, terrorist organizations and structures, etc.

The doctrine defines a list of the main threats to military security - both external and internal. It reveals the main directions of ensuring military security, based on the need to use for this the whole combination of forces, means and resources available to the state. Given the nature of modern conditions, the status of nuclear weapons is clearly defined in the Military Doctrine. The Russian Federation proceeds from the need to possess nuclear capabilities capable of guaranteeing the inflicted damage to any aggressor under any conditions. The Military Doctrine defines nuclear weapons as a deterrent to aggression, but the Russian Federation reserves the right to use nuclear weapons in response to the use of nuclear and other weapons of mass destruction against it and (or) its allies, as well as in response to large-scale aggression with the use of conventional weapons in situations critical to the national security of the Russian Federation.

In addition, the Military Doctrine enshrines: the basic principles for ensuring military security; content of military security; military organization of the state, its goals, principles, development priorities; management system of a military organization; military-strategic foundations; the basics of the use of the Armed Forces of the Russian Federation and other troops both in international wars and in internal armed conflicts. The Doctrine formulates the main tasks of the Armed Forces of the Russian Federation and other troops, as well as the possibility of involving them to assist state bodies, local authorities and the population in the aftermath of accidents, catastrophes and natural disasters.

The military doctrine also strengthens the military-economic foundations for ensuring military security: goals, main tasks, principles and main directions of mobilization preparation of the economy.

An interesting question is the legal nature of the Military Doctrine, its main provisions. As already noted above in the definition of the concept of Military Doctrine, it is a system of officially adopted in the state views on military issues. However, the Constitutional Court of the Russian Federation in the decision on the so-called "Chechen case" (Resolution of July 31, 1995 N 10-P * (968)) indicated that the provisions of the Military Doctrine of the Russian Federation did not contain regulatory requirements, which is a mandatory sign of a legal norm. Consequently, the Military Doctrine is not one of the acts that can be verified by the Constitutional Court.

I. The Presidential Administration is a state body that ensures the activities of the President and exercises control over the implementation of decisions of the President. The Head of State independently forms his Administration, determines its structure, functions and powers, appoints officials and exercises overall leadership of the Presidential Administration. The legal basis for the activities of the Presidential Administration is the Constitution, federal laws, decrees and orders of the President, as well as the Regulation on the Presidential Administration * (969). In accordance with Presidential Decrees, the Presidential Administration includes: the Head of the Presidential Administration, his deputies - presidential aides, the president’s spokesperson, the president’s presidential plenipotentiary, other officials, as well as the presidential administration and other independent divisions of the presidential administration.

In order to ensure the activities of the President, the Administration of the head of state is endowed with the necessary powers to carry out the following functions: organizing the preparation of bills for submission by the President to the State Duma in the manner of legislative initiative; preparation of proposals on the signing by the President of federal laws or on their rejection; preparation, coordination and submission to the President of draft decrees, orders, instructions and appeals of the President, as well as analytical reports, certificates and other documents necessary for the President; ensuring the activities of the Security Council, the State Council of the Russian Federation and other advisory and advisory bodies under the President; control over the implementation of federal laws (in terms of the powers of the President, including ensuring the rights and freedoms of man and citizen), decrees, and other decisions of the President; preparation of draft appeals of the President to the Constitutional Court; ensuring interaction of the President with political parties, public and religious associations, professional unions, business organizations and chambers of commerce; ensuring interaction of the President with state bodies of foreign states and their officials, with Russian and foreign political and public figures, with international and foreign organizations; assisting the President in the exercise of his authority on personnel matters; ensuring the implementation by the President of his powers to resolve issues of citizenship of the Russian Federation; accounting and analysis of citizens' appeals, proposals of public associations and local authorities, submission of relevant reports to the President, etc.

In the exercise of the functions assigned to it, the Presidential Administration interacts with state authorities of the Russian Federation, as well as with state bodies of foreign states, with Russian, international and foreign organizations. The structure and functions of the Presidential Administration are constantly being improved in order to ensure the most complete and efficient support for the diverse activities of the head of state.

K. In accordance with the commented paragraph, the President appoints and dismisses his authorized representatives.

The Institute of Plenipotentiaries of the President assists the head of state in realizing his goals and objectives to ensure the coordinated functioning and interaction of all government bodies on the basis of a single foreign and domestic policy determined by the head of state. At present, in addition to other officials, the Presidential Administration includes plenipotentiary representatives of the President in federal districts, plenipotentiary representatives of the President in the Federation Council, State Duma, and Constitutional Court.

The plenipotentiary representative of the President in the Constitutional Court promotes the activities of the President as the guarantor of the Constitution, human and civil rights and freedoms and represents the interests of the President in the Constitutional Court * (970). The Plenipotentiary Representative of the President in the Constitutional Court is appointed and dismissed by the President on the proposal of the Head of Administration.

In accordance with the approved Regulation, the plenipotentiary representative of the President in the Constitutional Court on behalf of the President: represents the side of the President in constitutional proceedings in all cases provided for by the Law on the Constitutional Court of the Russian Federation; participates in meetings of the Constitutional Court in other cases on the basis of an invitation or consent of the Constitutional Court; coordinates the activities of persons appointed by representatives of the President to participate in the consideration of specific cases by the Constitutional Court; makes necessary proposals to the President on measures to ensure the enforcement of decisions of the Constitutional Court, including the need to amend the law; performs other functions.

The positions of plenipotentiaries in the chambers of the Federal Assembly were introduced by Decree of the President of the Russian Federation of February 10, 1996 No. 169 "On Plenipotentiaries of the President of the Russian Federation in the Chambers of the Federal Assembly of the Russian Federation" (as amended on June 28, 2005). In accordance with the Regulation on Plenipotentiary Representatives of the President of the Russian Federation in the Council of the Federation of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation, approved by Decree of the President of the Russian Federation of June 22, 2004 N 792, these officials represent the interests of the President and contribute to the implementation of his constitutional powers, respectively Federation Council and State Duma.

Plenipotentiaries of the President participate in meetings of the Council of the Federation and the State Duma, represent the position of the head of state on bills considered by the respective chambers of the Federal Assembly, submit candidates for consideration by the Council of the Federation or the State Duma on the proposal of the President, assist the President in other functions related to the participation of the head of state in the legislative process and in coordination cooperation with the Council of Federation and the State Duma. The functions and powers of the plenipotentiary representatives of the President in the chambers of the Federal Assembly are also specified by Decree of the President of the Russian Federation of 13.04.1996 N 549 "On approval of the Regulation on the procedure for interaction between the President of the Russian Federation and the chambers of the Federal Assembly of the Russian Federation in the legislative process" (as amended on 15.07.2008) .

An important role in the conduct of a unified federal policy of the state, in ensuring the coordinated functioning and interaction of federal bodies of state power and bodies of state power of the constituent entities of the Federation is played by the institution of plenipotentiary representatives of the President in the constituent entities of the Federation. Since the adoption of the Constitution, this institution has repeatedly changed and improved. So, during 1993-1997. Plenipotentiary representatives of the President in the constituent entities of the Federation functioned, from March 1997 to May 2000 - plenipotentiary representatives of the President in the regions of the Russian Federation, and from 2000 they were replaced by the institution of plenipotentiary representatives of the President in the federal districts.

By the Decree of the President of the Russian Federation of May 13, 2000 N 849 (as amended on April 11, 2008), the Regulation on the plenipotentiary of the President in the federal district and the List of federal districts were approved, the institution of plenipotentiary representatives of the President in the regions was transformed into the institution of plenipotentiary representatives of the President in the federal districts. According to the Regulation, the plenipotentiary representative of the President in the federal district is an official who represents the President and ensures the implementation of the constitutional powers of the head of state within the relevant federal district. The Plenipotentiary Representative of the President in the Federal District shall be appointed to and dismissed by the President upon the proposal of the Head of the Presidential Administration for a period determined by the President, but not exceeding the term for the President to fulfill his powers. The specified official reports directly to the President and reports to him.

The plenipotentiary representative of the President in the federal district is vested with broad powers, including: coordination of the activities of federal executive bodies in the corresponding federal district; organization of interaction of federal executive bodies with state authorities of the constituent entities of the Federation, local governments, political parties, other public and religious associations; coordination of candidates for appointment to the positions of federal civil servants and candidates for appointment to other positions within the federal district, if the appointment to these posts is carried out by the President, the Government or federal executive bodies; organization of control over the implementation of federal laws, decrees and orders of the President, decrees and orders of the Government, as well as the implementation of federal programs in the federal district; making proposals to the President on the suspension of acts of executive bodies of the constituent entities of the Federation located within the federal district in the event of a conflict of these acts with the Constitution, federal laws, international obligations of the Russian Federation or violation of human and civil rights and freedoms, etc.

Plenipotentiaries of the President operate in seven federal districts: Central (center - Moscow), North-West (St. Petersburg), South (Rostov-on-Don), Volga (Nizhny Novgorod), Ural (Yekaterinburg), Siberian (Novosibirsk ), Far Eastern (Khabarovsk). The President also has the right to introduce the posts of his special representatives for the implementation of special tasks related to the fulfillment of the constitutional powers of the head of state. In particular, we are talking about special representatives of the President to ensure the rights and freedoms of man and citizen in the Chechen Republic, on the settlement of the Ossetian-Ingush conflict, etc.

L. The President is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation (see commentary to part 1 of Article 87) and, on the basis of paragraph “l” of the commented article, appoints and releases the high command of the Armed Forces of the country.

In accordance with Federal Law dated May 31, 1996 N 61-ФЗ "On Defense" (as amended on July 14, 2008), the President approves a single list of military posts to be filled by senior officers in the Armed Forces, other troops, military formations and bodies, and the total number of military posts to be replaced by colonels (captains of the 1st rank) in the Armed Forces, other troops, military formations and bodies, assigns the highest military ranks, appoints military personnel to military posts for which the state provides for the military the title of senior officer, relieves them of military posts and dismisses them from military service in the manner prescribed by federal law (Clause 10, Part 2, Article 4).

According to the Law on Military Duty, the President, by his decree, appoints and removes military personnel from military posts, for whom the state provides for the military ranks of senior officers (part 1 of article 43). The assignment of military ranks to senior officers (major general, lieutenant general, colonel general, army general, rear admiral, vice admiral, admiral, fleet admiral, Marshal of the Russian Federation) is also carried out by the President (part 1 of article 47).

M. According to this clause, the President appoints and recalls after consultations with the relevant committees or commissions of the chambers of the Federal Assembly of the diplomatic representatives of the Russian Federation in foreign states and international organizations. This prerogative of the President is one of the tools of the head of state, which allows him to exercise his constitutional powers related to the determination of the main directions of Russia's foreign policy (part 3 of article 80 of the Constitution), and the management of the foreign policy of the Russian Federation (paragraph “a” of article 86), ensuring the coordinated functioning and interaction of public authorities (part 2 of article 80).

Diplomatic representatives are understood as the heads of the diplomatic missions of Russia in foreign countries, the heads of the missions of the Russian Federation at international (interstate, intergovernmental) organizations, the heads of Russian government delegations at international conferences. The diplomatic rank of the appointed representative is determined, according to the Vienna Convention on Diplomatic Relations of 1961, by agreements of Russia with foreign states.

The highest official representative of the Russian Federation is the Ambassador Extraordinary and Plenipotentiary of the Russian Federation to a foreign state * (971). According to the Regulation on the Ministry of Foreign Affairs of Russia, approved by Decree of the President of the Russian Federation of July 11, 2004 N 865 "Issues of the Ministry of Foreign Affairs of the Russian Federation" (as amended on September 6, 2008), proposals on the appointment and recall of ambassadors in foreign states and representatives of the Russian Federation at international (interstate , intergovernmental) organizations, on the appointment and dismissal of the heads of state and government delegations of the Russian Federation, are submitted to the President by the Minister of Foreign Affairs (part 10 paragraph 10 of the Regulation). The appointment or recall of a diplomatic representative is preceded by consultations with committees and commissions of the chambers of the Federal Assembly, which consider the proposals of the President independently of each other. At the same time, following the discussion, the relevant committee makes a reasoned opinion. The conclusions of the committees do not require their approval by the chambers of the Federal Assembly and are officially sent directly to the President. The appointment or recall of a diplomatic representative is carried out by decree of the President.

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Section 83

President of Russian Federation:
a) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;
  b) has the right to chair meetings of the Government of the Russian Federation;
  c) decide on the resignation of the Government of the Russian Federation;
  d) submit to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; poses before the State Duma the question of dismissal of the Chairman of the Central Bank of the Russian Federation;
  e) upon the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses deputy chairmen of the Government of the Russian Federation and federal ministers;
  f) submits to the Council of the Federation candidatures for the appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation; submits to the Council of the Federation a proposal on dismissal of the Prosecutor General of the Russian Federation; appoints judges of other federal courts;
  g) forms and heads the Security Council of the Russian Federation, whose status is determined by federal law;
  h) approve the military doctrine of the Russian Federation;
  i) forms the Administration of the President of the Russian Federation;
  j) appoint and dismiss authorized representatives of the President of the Russian Federation;
  k) appoint and dismiss the high command of the Armed Forces of the Russian Federation;
  l) appoints and recalls, after consultation with the relevant committees or commissions of the chambers of the Federal Assembly, diplomatic representatives of the Russian Federation in foreign states and international organizations.

Leadership of that other sphere of government.

Translated from Latin, minister means a servant, hence the popular definition in the Russian language as “servant of the people”, which applies to all branches of government (members of parliament, the president, prime minister, judges, etc.), officials of the ministry, and not only to those who hold the post of minister.

The status of a minister or why ministers are not always alike.

In different countries of the world, the status of minister is defined differently.
- in most countries of the world, these are the leaders of branch ministries (or departments with ministerial status. For example, the Chairman of the FSB of Russia is one of the ministers of the cabinet of ministers of Russia by status, although nobody calls him the term "");
- ministers without a portfolio are officially members of the government who do not lead ministries, but have the right, like all ministers, to vote at a cabinet meeting. According to their status, they are entitled to all the privileges of a full minister (a personal car, a staff of assistants, a state rental or other real estate, the same salary as the ministers, etc.). Their duties are to fulfill the special instructions of the Prime Minister or the President. The most famous ministers without a portfolio were Boris Yeltsin (1988-1989), whose official position was named - Deputy Chairman of the State Planning Commission of the Soviet Union, Minister, N. Travkin (1994-1996), E. Yain (1997-1998), Mikhail Abyzov - in the government since 2012, as the head of the Government Commission for the Coordination of the Open Government. Ministers without briefcases
- Secretary of State in (head of the State Department) - in fact, Minister of Foreign Affairs.

Can ministers be members of parliament at the same time?

This is a combination of the post of minister and parliament
- it is allowed (and obligatory) only in parliamentary states where ministers are appointed from members of the political party that won the parliamentary elections: in, which became the founder of this Westminster system and its dominions - in, South Africa, Ireland.
- partially allowed in parliamentary - presidential republics - in, Poland,
- prohibited in presidential and presidential-parliamentary republics: in, Norway, the Netherlands, Georgia.

Who appoints the minister and how

Ministers are usually approved upon proposal by the President or Prime Minister of the country after the parliamentary election. The status of a minister is determined by the country's main law - the Constitution. Each of them has its own subtleties in the status of ministers, their number, official duties, etc.

Ministerial status in the Russian Federation

The status of a minister in the Russian Federation is determined by the Constitutional Law of 12/17/1997. No. 2-FKZ “On the Government of the Russian Federation”), according to which all federal ministers of Russia are appointed to and removed from the post by the Decree of the President of Russia at the proposal of the Prime Minister (Prime Minister) of Russia.

Rights and obligations of the ministers of Russia

Russian government ministers
- I have the right to participate in government meetings with a casting vote, to participate in the discussion of each of the orders and resolutions of the Government of the Russian Federation
- ensure the implementation of decisions and orders adopted by the Government of Russia;
- manage the ministry entrusted to them on the basis of full unity of command, appoints and distributes responsibilities between the deputy ministers of their department or ministry
- submits to the Government of Russia draft new regulatory legal acts on topics falling within the competence of its ministry or department.
- establishes the organizational structure of the units (departments, sectors, departments, heads) of his ministry, appoints and dismisses the heads and employees of both the central office of his ministry and the heads of the territorial bodies of this ministry.
- bears the entirety of personal responsibility for the fulfillment, or vice versa, for failure to fulfill the tasks assigned to his ministry from the President and the Chairman of the Government of Russia.

Ministerial positions in the government of the Russian Federation

Under the Russian Constitution, the Government includes 25 full members: the Prime Minister, 23 ministers - heads of ministries and a minister without a portfolio

• The Prime Minister (or Prime Minister) of the Russian Federation;
• Minister of Energy of the Russian Federation;
• Minister of Transport of Russia;
• Minister of Economic Development of Russia;
• Minister of Finance;
• Minister of the Interior of the Russian Federation;
• Minister of Education of the Russian Federation;
• Minister for Religious Affairs of the Russian Federation;
• Minister of Foreign Affairs of the Russian Federation;
• Minister for Youth and Sports of the Russian Federation;
• Minister of Defense (Minister of War) of Russia;
• Minister of Commerce of Russia;
• Minister of Finance of Russia;
• Minister of Justice of the Russian Federation;
• Minister for the Environment of Russia;
• Minister of Information of the Russian Federation;
• Minister of Labor of the Russian Federation;
• Minister of Communications of Russia;
• Minister of Culture of Russia;
• Minister of Agriculture of Russia;
• Minister of Social Security of Russia;
• Minister of Public Works;
• Minister of Health of the Russian Federation;
• Minister without a portfolio of the Russian Federation;

Government Ministers

Prime Minister of Ukraine - head of government (since 2010 - Mykola Yanovich Azarov).
- First Deputy Prime Minister of Ukraine (1st Deputy Prime Minister of Ukraine)
- Vice Prime Minister (Deputy Head of the Government of Ukraine), Minister of Social Policy
- Vice Prime Minister (Deputy Head of the Government of Ukraine), Minister of Regional Development, Construction and Housing and Communal Services
- Vice Prime Minister (Deputy Head of the Government of Ukraine), Minister of Infrastructure
- Vice Prime Minister (Deputy Head of the Government of Ukraine), Minister of Health
- Minister of Emergency Situations (MES)

- Minister of Internal Affairs
- Minister of Justice
- Minister of Regional Development, Construction and Housing
- Minister of Defense
- Minister of Agrarian Policy and Food
- Minister of Education and Science, Youth and Sports
- Minister of Ecology and Natural Resources
- Foreign Secretary
- Minister of Culture
- Minister of Economic Development and Trade
- Minister of Energy and Coal Industry