Was elected in December The State Duma Federal Assembly Russian Federation next convocation, and in March of the following year, the President of the Russian Federation submitted for its consideration the candidacy of the Chairman of the Government of the Russian Federation. The State Duma considered the submitted candidacy within 14 days and rejected it by a qualified majority vote of its members. The President of the Russian Federation again submitted to the State Duma the same candidacy for the Chairman of the Government. The State Duma, after a week's consideration, again rejected it, having learned about the rejection of the candidacy for the Chairman of the Government - the President announced the dissolution of the State Duma and the date of elections (6 months after the dissolution) to the new State Duma.

What constitutional norms are violated in this situation?

Describe the procedure for the President of the Russian Federation to submit a candidacy for the Chairman of the Government to the State Duma in accordance with the Constitution of the Russian Federation and the regulations of the State Duma.

In accordance with Article 111 of the Constitution of the Russian Federation

• 1. The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma.
• 2. A proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted no later than two weeks after the newly elected President of the Russian Federation takes office or after the resignation of the Government of the Russian Federation, or within a week from the day the candidacy is rejected by the State Duma.
• 3. The State Duma considers the candidacy of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation within a week from the date of submission of the proposal for the candidacy.
• 4. After three times the State Duma rejects the presented candidates for the Chairman of the Government of the Russian Federation, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections.

Consideration and approval of the candidacy for the chairman of the government in the State Duma takes place in accordance with articles 144-148 of the State Duma regulations. Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 N 2134-II GD “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation” (with amendments and additions) / http://www.consultant.ru/

The President of the Russian Federation or his authorized representative in the State Duma officially presents a candidacy for the post of Chairman of the Government of the Russian Federation. The candidate for the position of Chairman of the Government of the Russian Federation presents to the State Duma a program of the main directions of activity of the future Government of the Russian Federation. Before discussing the candidacy, the candidate for the position of Chairman of the Government of the Russian Federation answers questions from deputies within the time determined by the State Duma, but not more than 30 minutes. After answering questions from deputies, representatives of factions speak out for or against the nominated candidacy. Art. 145 Resolution of the State Duma of the Federal Assembly of the Russian Federation dated January 22, 1998 N 2134-II State Duma (as amended on February 25, 2015) “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation” “Collection of Legislation of the Russian Federation”, 02/16/1998, N 7 Decision of the State Duma on giving consent for the appointment of the Chairman of the Government of the Russian Federation is accepted at the discretion of the State Duma by secret ballot by submitting ballots or using an electronic vote counting system, or by open voting, if a majority of votes from total number deputies of the State Duma, such a decision will be made. The consent of the State Duma to the appointment of the Chairman of the Government of the Russian Federation is considered received if a majority of the total number of deputies of the State Duma votes for the proposed candidacy. The result of voting on giving consent to the appointment of the Chairman of the Government of the Russian Federation is formalized by a resolution of the State Duma. Art. 146 Resolution of the State Duma of the Federal Assembly of the Russian Federation dated January 22, 1998 N 2134-II State Duma (as amended on February 25, 2015) “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation” If the State Duma rejects a candidacy for the post of Chairman of the Government of the Russian Federation, the President of the Russian Federation within a week from the day of its rejection, makes a proposal for a new candidacy. Discussion and approval of a new candidacy for the position of Chairman of the Government of the Russian Federation takes place in the manner prescribed by Article 145 and part two of Article 146 of the State Duma Rules, within a week from the date of its presentation by the President of the Russian Federation. Art. 147 Resolution of the State Duma of the Federal Assembly of the Russian Federation dated January 22, 1998 N 2134-II State Duma (as amended on February 25, 2015) “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation” In the event of a two-time rejection by the State Duma of the submitted candidates for the post of Chairman of the Government of the Russian Federation, the President of the Russian Federation in within a week from the date of rejection of the second candidacy, he has the right to submit a third candidacy. Discussion and approval of the third candidate for the position of Chairman of the Government of the Russian Federation takes place within the time frame and in the manner prescribed by the Regulations for discussion and approval of the first two candidates. Art. 148 Resolution of the State Duma of the Federal Assembly of the Russian Federation dated January 22, 1998 N 2134-II State Duma (as amended on February 25, 2015) “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation” If the State Duma three times in a row rejects the candidates proposed by the President of the Russian Federation, then one of the powers of the President is exercised - constitutional right and obligation to dissolve the State Duma and call new elections. Naturally, in this case, the President of the Russian Federation independently decides the issue of appointing the Chairman of the Government of the Russian Federation. Art. 111 of the Constitution of the Russian Federation

The inclusion in the Constitution of a special article on the procedure for appointing and agreeing with the State Duma on a candidacy for the Chairman of the Government is associated with a more complex procedure for resolving these issues, as well as with very serious consequences for the State Duma of repeated rejection of candidates for this post.

The candidacy of the Chairman of the Government is discussed and agreed upon with only one chamber of the Federal Assembly - the State Duma. Its decision does not require the approval of the Federation Council, nor can it be canceled or suspended by it. It does not follow from the content of Article 111 of the Constitution of the Russian Federation that the President necessarily submits a candidacy for the head of the Government to the newly elected State Duma, nor does it mean that the powers of the Government are automatically terminated in connection with the election of a new parliament. At the same time, the mandatory early dissolution of the State Duma in the event of a three-time rejection of the candidacy of the Chairman of the Government confronts the deputy corps with a very responsible choice.

The procedure for obtaining the consent of the State Duma for the appointment of the Chairman of the Government of the Russian Federation provides for very strict deadlines for the presentation and discussion of this candidacy (Parts 2 and 3 of Article 111).

Answering the question “What constitutional norms are violated in this situation?” and using the above constitutional norms, I can give the following answer:

• Ш Firstly, a proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted to the State Duma no later than two weeks from the date the newly elected President takes office or after the resignation of the Government (violation of deadlines). However, there is no explanation about this in the task conditions.
• Ш Secondly, if a candidacy for this post is rejected by the State Duma, the President must submit to the chamber within a week a new candidacy for the post of Chairman of the Government; in our case, the same candidacy was presented. However, according to current legislation, The President of the Russian Federation is free in his choice of a candidate for the post of Chairman of the Government of the Russian Federation and is also free not to change his choice if the submitted candidacy is rejected by the State Duma. So violations of constitutional norms in in this case not seen.
• III Thirdly, the deadline for consideration of this issue by the State Duma was set - within a week from the day the President submitted a candidacy for the post of Chairman of the Government, and the first consideration lasted 14 days (violation of the consideration deadlines).
• Ш Fourthly, Articles 111 and 117 of the Constitution establish the grounds for the dissolution of the State Duma: it can be dissolved after it three times rejects the candidacies of the Chairman of the Government of the Russian Federation presented by the President of the Russian Federation (Part 4 of Article 111), in the event of an expression of no confidence in the Government of the Russian Federation (Part 3 of Article 117), or as a result of consideration by the State Duma of the issue of confidence in the Government of the Russian Federation, raised on the initiative of the Chairman of the Government (Part 4 of Article 117). The President announced the dissolution of the State Duma after a two-time refusal, not a three-time refusal (violation of Part 4 of Article 111 of the Constitution of the Russian Federation).
• Fifthly, the State Duma cannot be dissolved on the grounds provided for in Article 117 of the Constitution of the Russian Federation within a year after its election (violation of Article 117 of the Constitution of the Russian Federation).

The latest edition of Article 111 of the Constitution of the Russian Federation reads:

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

2. A proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted no later than two weeks after the newly elected President of the Russian Federation takes office or after the resignation of the Government of the Russian Federation, or within a week from the day the candidacy is rejected by the State Duma.

3. The State Duma considers the candidacy of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation within a week from the date of submission of the proposal for the candidacy.

4. After three times the State Duma rejects the presented candidates for the Chairman of the Government of the Russian Federation, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections.

Commentary to Art. 111 KRF

1. The commented part provides for the need to coordinate the will of the President of the Russian Federation and the State Duma when appointing the head of the Government of the Russian Federation. This is a parliamentary element in the Russian form of government, characterized as a mixed (“presidential-parliamentary”) republic. Such coordination of wills is intended to give the Government the necessary stability and authority, to create Better conditions for interaction between the legislative and executive powers.

The appointment itself takes place in the event of a change of President or his re-election, after which the Government of the Russian Federation resigns its powers (see comments to Article 116), or in the event of resignation of the Government for any reason (see comments to Article 117). First President of the Russian Federation B.N. Yeltsin in 1998 and 1999 dismissed the Government four times, after which a new Chairman of the Government was appointed. Second President V.V. After his inauguration, Putin appointed M.M. as Chairman of the Government on May 17, 2000. Kasyanov, who was replaced on March 5, 2004 by M.E. Fradkov.

It is important to note here that the candidacy of the future Chairman of the Government is determined by the President, and the State Duma only agrees or disagrees with it, but cannot nominate its own candidacy. The Federal Code of Law of December 17, 1997 (SZ RF. 1997. N 51. Art. 5712; with amendments and additions) establishes in the current version Art. 7, that 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 Russian citizen on the territory of a foreign state. The Chairman of the Government is dismissed from office by the President upon his resignation or in the event that the Chairman of the Government is unable to fulfill his powers. Thus, parts 1 and 2 of the stated article 7 of the Federal Law on the Government limit the right of the President to choose a candidate for the head of the Government and to dismiss the Government, which does not correspond to paragraphs “a” and “c” of the article. 83, commented article and part 2 of Art. 117 of the Constitution of the Russian Federation, which do not provide for any restrictions for the President in this matter (see comments to these provisions). The President notifies the chambers of the Federal Assembly of the dismissal of the Chairman of the Government on the day the decision is made. The dismissal of the Chairman of the Government simultaneously entails the resignation of the entire Government. The consent of the State Duma is not required for this.

2. The commented part sets the deadlines for the President of the Russian Federation to submit to the State Duma a candidacy for the Chairman of the Government of the Russian Federation. The need for a constitutional establishment of such deadlines is dictated by the desire to ensure the continuity of the functioning of the executive branch and to prevent a prolonged absence of the authorized Government.

The deadlines in the commented and following articles are set not in days, as in other articles of the Constitution, but in weeks, which leaves no opportunity for different interpretations relevant periods of time (there can be no question as to whether a working week is meant or a calendar week). From this definition of deadlines it follows that the State Duma cannot interrupt its work if the Chairman of the Government is not appointed. However, the lack of unification in determining constitutional terms is most likely explained by the shortcomings of the editors who prepared the text of the Constitution for submission to a referendum and did not have the necessary time to carefully work it out.

3. The commented part determines the period for the State Duma during which it must consider the candidacy submitted by the President for the post of Chairman of the Government.

The Regulations of the State Duma of January 22, 1998 (SZ RF. 1998. N 7. Art. 801; with amendments and additions) were regulated in Chapter. 17 the procedure for the State Duma to give consent to the appointment of the Chairman of the Government of the Russian Federation (see commentary to paragraph “a”, part 1, article 103).

4. The commented part regulates the situation that arises in the event of a three-time rejection by the State Duma of candidates for the Chairman of the Government presented by the President. It is unclear from the text of the Constitution whether the President has the right to re-nominate an already rejected candidate and, if he does so, whether this will be considered a second or third nomination, respectively. The Constitutional Court of the Russian Federation in its Resolution No. 28-P of December 11, 1998 in the case on the interpretation of certain provisions of Part 4 of Art. 111 of the Constitution of the Russian Federation (SZ RF. 1998. N 52. Art. 6447) explained that the President of the Russian Federation, when submitting proposals for candidates for the position of Chairman of the Government of the Russian Federation to the State Duma, has the right to present the same candidate twice or thrice or to present a new one each time candidate. The right of the President to propose this or that candidacy and insist on its approval, on the one hand, and the right of the State Duma to consider the presented candidacy and decide on consent to the appointment, on the other, must be implemented taking into account the constitutional requirements for the coordinated functioning and interaction of participants in this process, including on the basis of the forms of interaction provided for by the Constitution of the Russian Federation or those that do not contradict it, which develop in the process of exercising the powers of the head of state and in parliamentary practice.

From the text of the commented part it follows with certainty that after the third rejection by the State Duma of the candidacy of the Chairman of the Government presented by the President - regardless of whether a new candidate was presented each time or the same candidate twice or thrice - the President is already obliged to appoint the Chairman of the Government and dissolve State Duma with the appointment of new elections. When appointing the Chairman of the Government in this case, the Constitution no longer binds the President in any way: any of the candidates submitted to the State Duma, or even a person whose candidacy was not presented to the State Duma, can be appointed.

After the elections, however, it is necessary to obtain the consent of the new State Duma for the appointment. This follows from the general principle contained in Part 1 of the commented article. In the event of a three-time refusal to give consent, this State Duma must also be dissolved. Such a hypothetical situation would indicate the President’s complete inability to find compromises with political forces that are in opposition to him, but enjoy significant influence in the country, since from convocation to convocation they have an absolute majority of votes in the State Duma. No budget can withstand multiple parliamentary re-elections, and in addition, this could lead to an acute crisis of power against the background of irritation and fatigue of voters. Therefore, the implementation of the provisions of Part 4 of the commented article in practice is unlikely, and the second consecutive dissolution of the State Duma is almost completely unlikely.

Question type: Choice of possible correct answers

Possible answers:

1. appoints the Chairman of the Government of the Russian Federation

2. dissolves the State Duma and calls new elections

3. may not dissolve the State Duma and appoints the Chairman of the Government of the Russian Federation

4. independently appoints the Chairman of the Government of the Russian Federation and decides on the dissolution of the State Duma of the Federal Assembly of the Russian Federation

5. may not dissolve the State Duma and himself begins to fulfill the duties of Chairman of the Government of the Russian Federation

Possible answers: 5

QUESTION No. 206. The Chairman of the Government of the Russian Federation, no later than... days after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.

Possible answers:

Answer options: 8

QUESTION N 207. Judges can be citizens of the Russian Federation who have reached... years

Possible answers: 2

QUESTION N 208. Judges can be citizens of the Russian Federation who have reached a certain age, have a higher legal education and have worked in the legal profession for at least... years

Question type: Entering an answer manually using the keyboard

Possible answers: 2

Resolution of the Constitutional Court of the Russian Federation of December 11, 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"

In the name of the Russian Federation

The Constitutional Court of the Russian Federation composed of Chairman M.V. Baglay, judges N.V. Vitruk, G.A. Gadzhiev, Yu.M. Danilov, L.M. Zharkova, V.D. Zorkin, A.L. Kononov, V.O.Luchina, T.G.Morschakova, V.I.Oleynik, Yu.D.Rudkin, N.V.Selezneva, A.Ya.Sliva, V.G.Strekozova, O.S.Khokhryakova, B. S.Ebzeeva, V.G.Yaroslavtseva,

with the participation of representatives of the State Duma, which sent a request to the Constitutional Court of the Russian Federation - deputy N.I. Shaklein, doctors of legal sciences V.V. Lazarev and V.M. Syrykh,

The State Duma, giving consent to the President of the Russian Federation to appoint the Chairman of the Government of the Russian Federation, acts as a means of check, a certain counterbalance, but it cannot be a means of pressure, since the number of rejections of candidates by the State Duma is limited.

The President, when 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. Methods (forms) of seeking consent may be different. It is to ensure such interaction that the Constitution of the Russian Federation establishes appropriate deadlines for both the President of the Russian Federation and the State Duma (parts 2 and 3).

Based on the literal meaning of the text of Article 111, taken in systematic form with other provisions of the Constitution of the Russian Federation, the following general rule follows: The President of the Russian Federation must each time present a new candidacy for the post of Chairman of the Government of the Russian Federation if it is rejected by the State Duma.

If the State Duma does not give consent, then it is necessary to carry out further agreement between the President of the Russian Federation and the State Duma on the issue of a new candidacy. The practice of methods (forms) for agreeing on a candidacy for the post of Chairman of the Government of the Russian Federation may lead in the future to the formation of a constitutional custom that has the force of a constitutional norm.

The procedure for approving a candidacy for the post of Chairman of the Government of the Russian Federation in the form of norms of a procedural nature can be established in federal law and reflected in the Rules of Procedure of the State Duma.

When the President of the Russian Federation presents the same candidate twice, and even more so three times, as the representative of the State Duma rightly pointed out at the court hearing, the State Duma is deprived of the right of independent choice, which is guaranteed to it and the Constitution of the Russian Federation, and, consequently, it turns into " an instrument for carrying out the will of the head of state."

The presentation of the same candidacy for the second time (with a simultaneous ban on presenting this candidacy for the third time) for the post of Prime Minister in world practice is considered as an exception to general rule. It is directly enshrined in the constitution (basic law) of the state. The same approach is observed in the practice of constitutional (statutory) regulation of the appointment of the Chairman of the Government in the constituent entities of the Russian Federation (See: Article 109 of the Constitution of the Kabardino-Balkarian Republic; Article 104 of the Constitution of the Republic of Dagestan; Article 70 of the Constitution of the Republic of Mordovia; Article 33 of the Charter of the Irkutsk Region; Article 54 Charter of the Sverdlovsk Region; Article 107 of the Charter of the Yaroslavl Region; Article 67 of the Charter (Basic Law) of the Stavropol Territory; Article 67 of the Charter (Basic Law) of the Murmansk Region).

The doctrinal (scientific) interpretation of the provisions contained in Part 4 of Article 111 of the Constitution of the Russian Federation stands in the same positions. It proceeds from the fact that there must be “at least two” candidates for the post of Chairman of the Government of the Russian Federation and that “it seems undesirable for the President to act unilaterally, to put pressure on deputies when submitting a candidacy for Chairman for approval” (this is precisely the presentation of one and the same the same person for the second, and even more so for the third time) (See: Commentary on the Constitution of the Russian Federation. General edition by Yu.V. Kudryavtsev. M.: Legal Culture Foundation. 1996, P.465; Commentary on the Constitution of the Russian Federation . Responsible editor L.A.Okunkov. M.: BEK Publishing House, 1996, p.477).

The Constitutional Court of the Russian Federation, allowing for the possibility of the President of the Russian Federation nominating the same person as a candidate for the post of Chairman of the Government of the Russian Federation twice or even three times, did not give a legal assessment to the additional legal arguments put forward by representatives of the State Duma.

The inadmissibility of presenting a rejected candidacy without the consent of the State Duma to return to its discussion, as well as the need to dissolve the State Duma after three times the State Duma has rejected the submitted candidacies for the Chairman of the Government of the Russian Federation, along with other guarantees, make it possible to avoid abuse of rights both on the part of the President and on the part of the State Duma .

With that said, my main conclusions are as follows.

From the constitutional provision on the exercise by the people of their power not only directly, but also through government bodies, it follows that identifying the will of the people in one form or another is also necessary in the formation government agencies not directly elected by the population. This applies primarily to the Government of the Russian Federation, which exercises executive power in the Russian Federation.

Such identification of the will of the people is ensured by the procedure for approving the candidacy of the Chairman of the Government of the Russian Federation, provided for in Article 111 of the Constitution of the Russian Federation, in which the President of the Russian Federation and the State Duma, who received power directly from the people through free elections, participate.

The Government of the Russian Federation is vested with broad constitutional powers. The Chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, determines the main directions of activity of the Government of the Russian Federation, as provided for in Article 113 of the Constitution of the Russian Federation. In this regard, the procedure established by the Constitution of the Russian Federation for approving the candidacy of the Chairman of the Government of the Russian Federation implies the search for a compromise, the resolution of possible disagreements between the President of the Russian Federation and the State Duma regarding the candidacy for this position, taking into account both the personal and business qualities of the candidate and the program of action proposed by him Government of the Russian Federation.

From the coordinated functioning and interaction of government bodies prescribed by the Constitution of the Russian Federation (), it follows, in particular, the need to seek agreement on the candidacy of the Chairman of the Government of the Russian Federation, which involves choosing one or another option for resolving this issue. Failure to reach agreement on the candidacy of the Chairman of the Government of the Russian Federation entails the dissolution of the State Duma and the appointment of new elections as a constitutional way to ensure the continuous functioning of the state authorities established by the Constitution of the Russian Federation, including the appointment of the Chairman of the Government of the Russian Federation, the formation of the Government of the Russian Federation as a whole and the new composition of the State Duma . The dissolution of the State Duma in this case is a constitutional and legal measure adequate to its refusal to give the President of the Russian Federation consent to the appointment of the submitted candidates for the Chairman of the Government of the Russian Federation. At the same time, the President of the Russian Federation proposed not one, but several candidates for the Chairman of the Government of the Russian Federation, as a desire to coordinate with the State Duma positions on this issue, if agreement is not reached, may serve as grounds for the dissolution of the State Duma.

3. The Constitution of the Russian Federation does not detail the procedure for the President of the Russian Federation to submit candidates for the Chairman of the Government of the Russian Federation, does not contain a direct answer to the question of the possibility of reintroducing a candidate rejected by the State Duma, or to the question of whether the State Duma is dissolved only after the rejection of three different candidates . Part 4 of this article determines that the State Duma is dissolved “after three rejections of the presented candidates,” and not “after the rejection of three presented candidates.”

It also does not follow from the meaning of the provisions of Article 111 of the Constitution of the Russian Federation that the President of the Russian Federation can nominate one candidate for the Chairman of the Government of the Russian Federation three times. Otherwise, Part 4 of this article would have determined that the State Duma is dissolved “after three times the submitted candidacy or candidacies are rejected.”

The grammatical interpretation of Part 4 of Article 111 of the Constitution of the Russian Federation in its systematic connection with other parts of this article, as well as taking into account its teleological interpretation, allows us to conclude that the use of the plural in it - “after three times rejection of the submitted candidates” - means that two are implied or more candidates.

During the consideration of this case, representatives of the science of linguistics, who participated in the court hearing as independent experts and specialists, from the standpoint of the philological interpretation of paragraph 4 of Article 111 of the Constitution of the Russian Federation, noted both “the uncertainty of the use of the word candidacy (candidacy) ... and its interpretation” and and the fact that “the philological interpretation of paragraph 4 of Article 111 of the Constitution of the Russian Federation (without some violence to the semantics of Russian speech) does not allow us to say that it refers to one candidate, three times submitted to the State Duma for consideration... otherwise in the text of the Constitution, instead of the words “presented candidates,” the words “presented candidacy” would be used.

The existing experience in implementing Part 4 of Article 111 of the Constitution of the Russian Federation has revealed the presence of different approaches to the use of the powers established therein, since there have been cases of approval of the proposed candidacy of the Chairman of the Government of the Russian Federation at the first submission, when the same candidate was presented three times, as well as the use of conciliation procedures after the same candidate was rejected twice. These circumstances also indicate the existence of uncertainty in understanding the meaning of Part 4 of Article 111 of the Constitution of the Russian Federation, which does not exclude the formation in the future of a constitutional custom based on one of these options for interaction between the head of state and the State Duma.

4. The meaning of Part 4 of Article 111 of the Constitution of the Russian Federation does not contradict the re-introduction of a rejected candidacy in any sequence - either immediately after its rejection, or after the rejection of the second candidacy, as well as the semantics of the phrase “after three times rejection of the submitted candidates” (i.e. the meaning of the use it contains the words "candidacy" in plural) does not exclude in each of the three cases the possibility of submitting more than one candidate on an alternative basis. This would correspond to the plurality of meanings of the word "candidate".

At the same time, it does not follow from the wording, meaning and purposes of Article 111 of the Constitution of the Russian Federation that the President of the Russian Federation can present the same candidacy for the Chairman of the Government of the Russian Federation three times in a row, and in connection with this, the dissolution of the State Duma after three times rejection of this candidacy. This does not exclude the possibility of presenting the said candidacy during the new formation of the Government of the Russian Federation after his resignation or after the newly elected President of the Russian Federation takes office.

From the above it follows that in accordance with the procedure established by Article 111 and related Articles 83 (clause “a”), 84 (clause “b”) and 103 (clause “a” of part 1) of the Constitution of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation, the President of the Russian Federation Federations have the right to re-submit a candidate rejected by the State Duma for the specified position; the presentation of the same candidacy for the Chairman of the Government of the Russian Federation three times in a row is not allowed. The State Duma cannot be dissolved on the grounds provided for in Part 4 of Article 111 of the Constitution of the Russian Federation as a result of the same candidacy for Chairman of the Government of the Russian Federation being rejected three times.

Article 110

1. Executive branch of the Russian Federation is carried out 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 is appointed by the President of the Russian Federation with the consent of the State Duma.

2. A proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted no later than two weeks after the newly elected President of the Russian Federation takes office or after the resignation of the Government of the Russian Federation, or within a week from the day the candidacy is rejected by the State Duma.

3. The State Duma considers the candidacy of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation within a week from the date of submission of the proposal for the candidacy.

4. After three times the State Duma rejects the presented candidates for the Chairman of the Government of the Russian Federation, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections.

Article 112

1. The Chairman of the Government of the Russian Federation, no later than a week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.

2. The Chairman of the Government of the Russian Federation proposes to the President of the Russian Federation candidates for the positions of Deputy Chairman of the Government of the Russian Federation and federal ministers.

Article 113

The Chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, determines the main directions of activity of the Government of the Russian Federation and organizes its work.

Article 114

1. Government of the Russian Federation:

a) develops and submits the federal budget to the State Duma and ensures its execution; submits a report on the execution of the federal budget to the State Duma; submits annual reports to the State Duma on the results of its activities, including on issues raised by the State Duma;

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

c) ensures the implementation of a unified state policy in the Russian Federation in the field of culture, science, education, healthcare, social security, and ecology;

d) manages federal property;

e) implements measures to ensure the country’s defense, state security, implementation foreign policy Russian Federation;

f) implements measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, and the fight against crime;

g) exercises other powers assigned to him by the Constitution of the Russian Federation, federal laws, and decrees of the President of the Russian Federation.

2. The procedure for the activities of the Government of the Russian Federation is determined by federal constitutional law.

Article 115

1. On the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation issues decrees and orders and ensures their implementation.

2. Decrees and orders of the Government of the Russian Federation are binding in the Russian Federation.

3. Decrees and orders of the Government of the Russian Federation, if they contradict the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, may be canceled by the President of the Russian Federation.

Article 116

Before the newly elected President of the Russian Federation, the Government of the Russian Federation resigns its powers.

Article 117

1. The Government of the Russian Federation may submit resignation, which is accepted or rejected by the President of the Russian Federation.

2. The President of the Russian Federation may decide to resign the Government of the Russian Federation.

3. The State Duma may express no confidence in the Government of the Russian Federation. A resolution of no confidence in the Government of the Russian Federation is adopted by a majority vote 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 has the right to announce the resignation of the Government of the Russian Federation or disagree with the decision of the State Duma. If the State Duma, within three months, repeatedly expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation announces the resignation of the Government or dissolves the State Duma.