Chapter 6. The Government of the Russian Federqtion 


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Chapter 6. The Government of the Russian Federqtion



 

Article 110

 

1. Executive power in Russia shall be exercised by the Government of the Russian Federation.

 

2. The Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of the Russian Federation and federal ministers.

 

Article 111

 

1. The Chairman of the Government of the Russian Federation shall be appointed by the President of the Russian Federation with the consent of the State Duma.

 

2. The proposal on the candidate to the post of Chairman of the Government of the Russian Federation shall be submitted not later than two weeks after a newly-elected President of the Russian Federation takes office or after the resignation of the Government of the Russian Federation or one week after the State Duma rejects a candidate.

 

3. The State Duma shall consider the candidate nominated by the President of the Russian Federation for the post of the Chairman of the Government of the Russian Federation within one week after the submission of the nomination.

 

4. If the State Duma rejects three times the candidates for the post of the Chairman of the Government of the Russian Federation, the President of the Russian Federation shall appoint the Chairman of the Government of the Russian Federation, dissolve the State Duma and call new elections.

 

Article 112

 

 

On the interpretation of Part 1 of Article 112 of the Constitution of the Russian Federation see Decisionof the Constitutional Court of the Russian Federation No. 2-P of January 27, 1999

1. Not later than a week after appointment the Chairman of the Government of the Russian Federation shall submit to the President of the Russian Federation proposals on the structure of the federal bodies of executive power.

 

2. The Chairman of the Government of the Russian Federation shall propose to the President of the Russian Federation candidates for the posts of Deputy chairmen of the Government of the Russian Federation and federal ministers.

 

Article 113

According to the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation the Chairman of the Government of the Russian Federation shall determine the guidelines for the activities of the Government of the Russian Federation and organise its work.

 

Article 114

 

1. The Government of the Russian Federation shall:

 

Law of the Russian Federation on an Amendment to the Constitution of the Russian Federation No. 7-FKZ of December 30, 2008 reworded Item (a) of Part 1 of Article 114 of the Constitution. The new wording of the Item shall enter into force from the day of the official publication of the said Law

See the Item in the previous wording

a) draw up and submit to the State Duma a federal budget and ensure its execution; submit to the State Duma a report a report on the execution of the federal budget; submit to the State Duma annual reports on the results of its activity, including on issues raised by the State Duma;

b) ensure the implementation in the Russian Federation of a single financial, credit and monetary policy;

c) ensure the implementation in the Russian Federation of a single state policy in the sphere of culture, science, education, health protection, social security and ecology;

d) manages federal property;

e) carry out measures to secure the defence of the country, state security, and the implementation of the foreign policy of the Russian Federation;

f) implement measures to ensure the rule of law, human rights and freedoms, protection of property and public order, and control of crime;

g) exercise other powers vested in it by the Constitution of the Russian Federation, the federal laws and decrees of the President of the Russian Federation.

 

2. The rules for the activity of the Government of the Russian Federation shall be determined by federal constitutional law.

 

See Federal Constitutional Law No. 2-FKZ of December 17, 1997 on the Government of the Russian Federation

 

Article 115

 

1. On the basis and for the sake of implementation of the Constitution of the Russian Federation, federal laws, normative decrees of the President of the Russian Federation the Government of the Russian Federation shall issue decisions and orders and ensure their implementation.

 

2. The decisions and orders of the Government of the Russian Federation shall be obligatory for fulfillment in the Russian Federation.

 

3. The decisions and orders of the Government of the Russian Federation, if they are inconsistent with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, may be cancelled by the President of the Russian Federation.

 

Article 116

The Government of the Russian Federation shall resign in the event of a newly-elected President of the Russian Federation.

 

Article 117

 

1. The Government of the Russian Federation may offer to resign and the President of the Russian Federation either shall accept or reject the resignation.

 

2. The President of the Russian Federation may take a decision on the resignation of the Government of the Russian Federation.

 

Concerning interpretation of the third part of Article 117 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 2-P of April 12, 1995

 

3. The State Duma may express a lack of confidence in the Government of the Russian Federation. A no-confidence resolution shall be adopted by a majority of votes of the total number of deputies of the State Duma. After the State Duma expresses no-confidence in the Government of the Russian Federation, the President of the Russian Federation shall be free to announce the resignation of the Government or to reject the decision of the State Duma. If the State Duma again expresses no-confidence in the Government of the Russian Federation within three months, the President of the Russian Federation shall announce the resignation of the Government or dissolve the State Duma.

 

4. The Chairman of the Government of the Russian Federation may raise before the State Duma the issue of no-confidence in the Government of the Russian Federation. If the State Duma votes no-confidence, the President shall adopt within seven days a decision on the resignation of the Government of the Russian Federation or dissolve the State Duma and announce new elections.

 

5. In the case of a resignation of the Government of the Russian Federation it shall continue to work on the instruction of the President of the Russian Federation until a new Government of the Russian Federation is formed.

 

Chapter 7. Judicial Power

 

Article 118

 

1. Justice in the Russian Federation shall be administered by courts alone.

 

2. Judicial power shall be exercised by means of constitutional, civil, administrative and criminal proceedings.

 

3. The judicial system of the Russian Federation shall be instituted by the Constitution of the Russian Federation and the federal constitutional law. The creation of extraordinary courts shall not be allowed.

 

On the judicial system of the Russian Federation, see Federal Constitutional Law No. 1-FKZ of December 31, 1996

On administration of justice in a territory where a state of emergency is introduced, See Federal Constitutional Law No. 3-FKZ of May 30, 2001 on the State of Emergency

 

Article 119

Judges are to be citizens of the Russian Federation over 25 years of age with a higher education in law and a law service record of not less than five years. Federal law may introduce additional requirements for judges of the courts of the Russian Federation.

 

Article 120

 

1. Judges shall be independent and submit only to the Constitution and federal law.

 

2. If after considering a case the court of law decides that an act of a state or other body contradicts the law it shall pass an appropriate decision according to the law.

 

Article 121

 

1. Judges shall be irremovable.

 

2. The powers of a judge may be ceased or suspended only on the grounds and according to the rules fixed by federal law.

 

Article 122

 

1. Judges shall possess immunity.

 

2. A judge may not face criminal responsibility other than according to the rules fixed by federal law.

 

Article 123

 

1. Examination of cases in all courts shall be open. Examinations in camera shall be allowed only in the cases envisaged by federal law.

 

2. Trial in absentia in criminal courts shall not be allowed except in cases fixed by the federal law.

 

3. Judicial proceedings shall be held on the basis of confrontation and equality of the parties.

 

4. In cases fixed by the federal law justice shall be administered by a jury court.

 

Article 124

The courts shall be financed only from the federal budget and the possibility of the complete and independent administration of justice shall be ensured in keeping with the requirements of federal law.

 

Article 125

 

See also Federal Constitutional Law No. 1-FKZ of July 21, 1994 on the Constitutional Court of the Russian Federation

 

1. The Constitutional Court of the Russian Federation consists of 19 judges.

 

2. The Constitutional Court of the Russian Federation upon requests of the President of the Russian Federation, the Council of the Federation, the State Duma, one fifth of the members of the Council of the Federation or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation, the bodies of legislative and executive power of the subjects of the Russian Federation shall consider cases on the correspondence to the Constitution of the Russian Federation of:

a) federal laws, normative acts of the President of the Russian Federation, the Council of the Federation, the State Duma, the Government of the Russian Federation;

b) the constitutions of republics, charters, and also the laws and other normative acts of subjects of the Russian Federation adopted on issues under the jurisdiction of the bodies of state authority of the Russian Federation or under the joint jurisdiction of the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation;

c) treaties concluded between the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation, treaties concluded between the bodies of state authority of the subjects of the Russian Federation;

d) international treaties and agreements of the Russian Federation which have not come into force.

 

3. The Constitutional Court of the Russian Federation shall resolve disputes on jurisdiction:

a) between the federal bodies of state authority;

b) between the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation;

c) between the higher bodies of state authority of the subjects of the Russian Federation.

 

4. The Constitutional Court of the Russian Federation, upon complaints about violations of constitutional rights and freedoms of citizens and upon court requests shall check, according to the rules fixed by federal law, the constitutionality of a law applied or subject to be applied in a concrete case.

 

5. The Constitutional Court of the Russian Federation, upon the requests of the President of the Russian Federation, the Council of the Federation, the State Duma, the Government of the Russian Federation, the bodies of the legislative power of the subjects of the Russian Federation, shall give its interpretation of the Constitution of the Russian Federation.

 

6. Acts or their provisions recognised as unconstitutional shall become invalid; international treaties and agreements not corresponding to the Constitution of the Russian Federation shall not be liable to enforcement and application.

 

7. The Constitutional Court of the Russian Federation, upon the request of the Council of the Federation, shall provide a conclusion on the observance of the fixed procedure for advancing charges of treason or of another grave crime against the President of the Russian Federation.

 

On the meaning of Article 125 of Constitution of the Russian Federation made by Constitutional Court of the Russian Federation see Decision No. 19-p of June 16, 1998

 

Article 126

The Supreme Court of the Russian Federation shall be the supreme judicial body for civil, criminal, administrative and other cases under the jurisdiction of regular courts, shall carry out judicial supervision over their activities according to procedural forms envisaged in federal law and provide explanations on issues of court proceedings.

 

On the meaning of Article 126 of Constitution of the Russian Federation see Decision of the Constitutional Court of the Russian Federation No. 19-p of June 16, 1998

 

Article 127

The Higher Arbitration Court of the Russian Federation shall be the supreme judicial body for settling economic disputes and other cases examined by courts of arbitration, shall carry out judicial supervision over their activities according to procedural forms envisaged in federal law and provide explanations on the issues of court proceedings.

 

Concerning the Arbitration Courts in the Russian Federation see Federal Constitutional Law No. 1-FKZ of April 28, 1995

On the meaning of Article 127 of Constitution of the Russian Federation see Decision of the Constitutional Court of the Russian Federation No. 19-p of June 16, 1998

 

Article 128

 

1. The judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation shall be appointed by the Council of the Federation at proposals by the President of the Russian Federation.

 

2. Judges of other federal courts shall be appointed by the President of the Russian Federation according to the rules fixed by federal law.

 

3. The powers, the rules for forming and functioning of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation shall be fixed by federal constitutional law.

 

Article 129

 

1. The Procurator's Office of the Russian Federation shall form a single centralised structure in which procurators are subordinate to superior procurators and the Procurator-General of the Russian Federation.

 

2. The Procurator-General of the Russian Federation shall be appointed and dismissed by the Council of the Federation at the proposal of the President of the Russian Federation.

 

3. The procurators of the subjects of the Russian Federation shall be appointed by the Procurator-General of the Russian Federation by agreement with the subjects.

 

4. Other procurators shall be appointed by the Procurator-General of the Russian Federation.

 

5. The powers, organisation and the rules of the functioning of the Procurator's Office of the Russian Federation shall be determined by federal law.

 

On the Procurator's Office of the Russian Federation see Federal Law No. 2202-I of January 17, 1992

 



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