Prokofiev Vadim

The analysis of the evolution of constitutional and legal regulation of the president's powers in the post-Soviet countries of Transcaucasia is presented in the article. The topic of presidency constitutional institutionalization in Armenia, Georgia and Azerbaijan is in the focus of this research. Legal solutions of that problem directly affect the effectiveness of the presidency, its ability to actively influence various aspects of social life and, along with the balance of its provisions with the other branches of government, their mutual ability to deter each other. This situation demands wide legal analysis and reflection, thorough understanding of different models of constitutional regulation of president's powers and determination of their tendencies development. In sum, the author concludes that the presidency plays a crucial role in the political and legal institutions of the republics of the Transcaucasia. In practice, the implementation of the presidential form of government in all these countries is declared as semi - presidential, while in fact, most of them have passed the super-presidentialism stage. The presidentalism formation in the nineties of the 20th century was characterized by common features - the Armenian, Georgian and Azerbaijan nations came through social trials and shocks. It was the strong president power that led to considerable stabilization of the society. There was multi - vector development of presidency in the noughties and the tenths of the 21st century. Nowadays in Georgia the presidentialism «is softening», in Armenia the government system is undergoing a dramatic transformation in conditions of strengthening the role of Parliament in the system of state power, while the presidential prerogatives in Azerbaijan, on the contrary, are increasing.

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.

The article analyzes the results of the implementation of Presidential Decree 07.05.2012 №601 titled “On the main directions of improving governance” as it relates to reforming and development of the public services, as well as the introduction of new principles of personnel policy for the civil services. It identifies the risks in the implementation of relevant Presidential instructions, and the expected effects (social, economic and political). It also formulates proposals and suggestions for appropriate amendments and additions to the Decree.