The institution of presidency and the efficiency of interaction of state bodies

Abstract

The President's powers as a tool for provision of the separation of powers and the efficiency of the interaction of state bodies are considered in this article. Despite the importance of the place of the presidency institution in the constitutional-legal research, a unified approach to this issue has not been developed yet. During the formative years of Russia's statehood the list of the President's powers has changed significantly. The author analyzes the President's powers in the framework of the separate branches of power. It is established that the position of the President is higher than the position of the Government and Parliament, however, this happens due to the constitutional legal nature of the presidential model. It is concluded that the presidential power has a special nature, but it is inscribed in the system of state power of the triad that provides effective interaction of all its constituent parts. The role of the constitutional Court of the Russian Federation for the resolution of issues of interaction of state bodies is emphasized. The continuing preponderance of the powers of the President over the powers of constituent entities of the Russian Federation due to the need for formation of the sustainable vertical of power and ensuring of unity of legal space is noted. However, these goals have been achieved already and now some restriction of the principle of federalism can be observed. The author reveals the significance of the President's powers in the system of separation of powers and justifies their «arbitration» nature. It is emphasized that the powers of each branch of government in the law are not clearly established, allowing to blur the principle of separation of powers and causing a decrease in efficiency of functioning of government institutions. In the presidential republic, like Russia, excessively strong separation of powers leads to the disbalance of separate branches of power and even to the tension inside the branches of power. The distinctive feature of the presidential authorities is the application of conciliation procedures by the head of the state.