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Law and Politics
Reference:

The Government of the Russian Federation in the system and structure of the Federal Executive authorities of the Russian Federation: administrative and legal aspect

Lapina Marina Afanas'evna

Doctor of Law

Professor; Department of International and Public Law; Financial University under the Government of the Russian Federation

38 Shcherbakovskaya St., Moscow, 105187, Russia

LapinaMarina@inbox.ru
Other publications by this author
 
 
Valentik Georgii Igorevich

Student; Faculty of Law; Financial University under the Government of the Russian Federation

38 Shcherbakovskaya St., Moscow, 105187, Russia

234107@edu.fa.ru
Samofalov Dmitrii Evgen'evich

Student; Faculty of Law; Financial University under the Government of the Russian Federation

38 Shcherbakovskaya St., Moscow, 105187, Russia

239852@edu.fa.ru

DOI:

10.7256/2454-0706.2025.1.72771

EDN:

TECROH

Received:

19-12-2024

Published:

03-02-2025

Abstract: The subject is the conceptual aspects and regulatory legal acts defining the legal status of the Government of the Russian Federation. The article reveals the signs of executive authorities. The analysis of the provisions of regulatory legal acts affecting the legal status of the Government of the Russian Federation is carried out. The relevance of the article is to identify the existing legal uncertainty of the place and role of the Government of the Russian Federation in the exercise of executive power.The theoretical basis is made up of scientific works by scientists and practitioners in the field of public law, whose research interests focused on issues related to the study of the system of executive authorities in Russia. The main purpose of the article is to analyze the legal status of the Government of the Russian Federation and to draw conclusions about its place in the system and structure of federal executive authorities and its role in public, including executive, government. In the course of the research, legal methods (formal-logical, comparative-legal), as well as the methodology of system analysis and expert analysis were used. As a result of the analysis of constitutional and administrative legislation in the field of public administration, significant features of the Government of the Russian Federation have been identified, interaction and relationship with federal executive authorities have been characterized, and problematic aspects of its legal status have been identified. The statement in the Federal Law "On the Government of the Russian Federation" that the Government of the Russian Federation is part of the system of federal executive authorities does not seem sufficiently justified, taking into account the content of the Basic Law of Russia and the acts of the President. The novelty of the article lies in substantiating the need to verify the provisions of regulatory legal acts on the legal status of the Government of the Russian Federation for their compliance with the Constitution of the Russian Federation, as well as the need for interpretation by the Constitutional Court of the Russian Federation, taking into account the amendments to the Constitution of the Russian Federation introduced in 2020.

Keywords:

The executive branch, executive authorities, The Government of the Russian Federation, federal agencies, public authority, constitutional reform, administrative reform, legal status, system, structure
This article is automatically translated. You can find original text of the article here.

The Constitution of the Russian Federation stipulates that state power in the Russian Federation is carried out on the basis of division into three separate branches of government, including the executive. Article 110 of the Constitution specifies this provision, indicating that executive power is exercised by the Government of the Russian Federation (as amended by the Constitution of 07/04/2020 - "... under the general leadership of the President of the Russian Federation"). However, of course, the Government of the Russian Federation does not implement it alone – for this purpose, a separate system of state executive authorities has been created at the federal and regional levels. The latter themselves are repeatedly mentioned in the above-mentioned Constitution of the Russian Federation, including articles 10, 66, 83, etc., however, at the time of the adoption of the basic law of Russia, there is currently no legal definition of the concept of "executive authority" in the legislation of the Russian Federation, but in the legal literature, including scientific articles have repeatedly attempted to reveal the content of this concept and highlight its characteristic features.

In the scientific and educational literature on administrative law, scientists have identified approximately 10-15 signs of an executive authority. For example, in the monograph of the author of this article, when deriving the concept of an executive authority, about 20 signs are listed, which were formulated by administrative scientists [11, pp. 61-78]. Thus, in the textbook of administrative law of the MGUA (U) school, such signs of an executive authority are distinguished as: a state body, a political institution, an organized group of people, a structural formation of the state apparatus [2, pp. 100-101]. M.P. Petrov mentions, in addition to the above-mentioned signs, the implementation by the body of independent competence in the implementation of public administration [12, p. 154]. It should also be added that any such body will have authority with the ability to apply state coercion measures that allow it to fully implement executive and administrative functions on behalf of the state.

Speaking about the federal executive authorities (hereinafter referred to as FOIV), first of all it is necessary to say about the territory of their operation – they extend their activities to the entire territory of the Russian Federation, unlike, for example, the executive authorities of the subjects of the Russian Federation. The activities of the FOI are directly supervised by the President and the Government of the Russian Federation, which is stipulated in paragraphs 1 and 3 of art.110 of the Constitution of the Russian Federation. The types and functions of such bodies are currently fixed by Decrees of the President of the Russian Federation dated 09.03.2004 N 314 "On the system and structure of federal executive authorities" and dated 11.05.2024 N 326 "On the structure of Federal Executive authorities".

The FOI system, fixed by the Decree of the President of the Russian Federation dated 08/14/1996 "On the system of Federal Executive authorities", was significantly changed by the Decree of 03/09/2004, which for the first time formed the FOI system in relation to the functions performed. As A.A. Grishkovets writes in an article devoted to the analysis of the reform: "... the organizational and legal form of a particular executive authority depended on the functions that the body implements within the framework of its assigned competence" [5, p. 140]. And in the legal literature, the differentiation of the organizational and legal form of the FOI, depending on the functions performed, is characterized as the success of administrative reform [10, p. 117].

Chapter 6 of the Constitution is devoted to the Government of the Russian Federation, but it does not define this concept, but states in Article 110 that it exercises executive power under the general leadership of the President of the Russian Federation (see: Constitution of the Russian Federation: adopted by popular vote on 12/12/1993 (with amendments approved during the nationwide vote on 07/01/2020). As amended in 2020, this article was supplemented by the provision that the Government of the Russian Federation also manages the activities of some FIVS.

The provisions of the Constitution and the Federal Law on the Government of the Russian Federation assign to the latter a number of powers, including: the implementation of a unified social policy, the regulation of economic processes, ensuring the implementation of a unified financial and monetary policy, the implementation of measures to ensure the implementation of the foreign policy of the Russian Federation, etc. (Federal Constitutional Law No. 4-FKZ of November 6, 2020 "On the Government of the Russian Federation"). The Government of the Russian Federation is formed by other state authorities, namely the President and the State Duma, which is confirmed in Articles 111, 112, 116 of the Constitution of the Russian Federation. The Government of the Russian Federation is also responsible to other state authorities (for example, to the same State Duma, as stipulated in paragraph "a" of Part 1 of p.114 of the Constitution, as well as the right of the lower house of the Federal Assembly to raise the issue of trust in the Government).

It is worth noting that changes in legislation in 2020, including amendments to the Constitution of the Russian Federation, brought the Government of the Russian Federation into closer contact with the President of the Russian Federation [20, p. 4; 8, p. 28], which is also covered in the legal literature: "Thus, based on the changes affecting the legal status of the Government of the Russian Federation, it is possible to judge the strengthening of the role of the President of the Russian Federation in relation to the executive branch of the state ... through the adoption in 2020 of the Law of the Russian Federation on the Amendment and the Federal Law on Government, de jure consolidated what already existed de facto - the strengthening of presidential power in Of the Russian Federation ..." [17, p. 74]. This is confirmed by the following innovations: the personal responsibility of the Chairman of the Government of the Russian Federation to the President, the exercise of executive power under the general leadership of the President in accordance with the Constitution, as well as the President's pre-existing right to preside over meetings of the Government of the Russian Federation (Federal Constitutional Law No. 4-FKZ of November 6, 2020 "On the Government of the Russian Federation"), etc.

Within the framework of the stated topic, it is necessary to mention the following: the Federal Law on the Government of the Russian Federation dated 12/17/1997 defined the concept of Government in art.1, which is not in the Federal Law on the Government of the Russian Federation dated 11/06/2020, however, the latter contains several other provisions: "The executive power of the Russian Federation is exercised by the Government of the Russian Federation and other federal executive authorities.the authors of the article) in accordance with the structure of the federal executive authorities ..." (Federal Constitutional Law No. 4-FKZ of November 6, 2020 "On the Government of the Russian Federation"). At the same time, Decree No. 314 of the President of the Russian Federation dated 09.03.2004 "On the system and Structure of Federal Executive Authorities" did not introduce changes that would in any way link the Government and the Federal Executive Committee.

Earlier, by Presidential Decree dated 10.01.1994, the Government of the Russian Federation was included in the structure of federal executive authorities, to which B.V. Rossinsky gives, in our opinion, an absolutely fair comment.: "By this Decree, the Government of the Russian Federation was included in this structure as the first item, which in principle is an absolutely correct decision" [14, p. 32].

But with the amendments to the Basic Law of the Russian Federation in 2020, the role of the President changed, as noted above, so the fact that the definition given in the Federal Law on 17.12.1997 was replaced by a new one does not raise questions, but precisely because of the updated wording in the legislation, the authors of the article had a question about the place of the Government of the Russian Federation in the FOI system.

In order to determine the place of the Government of the Russian Federation in the FOI system, it is worthwhile to study the current legislative and other regulatory framework. In addition, it is important to compare the points of view of scientists on this issue.

According to G.D. Sadovnikova, the granting of governing powers by the Government of the Russian Federation in relation to the FOI is evidence of the exclusivity of its position [15]. At the same time, the management of the FOI system does not mean that the Government of the Russian Federation belongs to it.

An equally important document regulating the status and activities of the Government of the Russian Federation is Federal Constitutional Law No. 4-FKZ dated November 6, 2020 "On the Government of the Russian Federation". The wording of Part 1 of Article 1 of this normative document, considered earlier, allows us to conclude that the presence of the word "other" allows us to interpret the norm from the point of view of legal technology as follows: The Government of the Russian Federation is part of the FOI system, while occupying a leading position in it. The presence of the word "other" in the text of the article creates uncertainty about the place of the Government of the Russian Federation in the system of executive bodies of the state. In the same part 1 of Article 1 of the Federal Law "On the Government of the Russian Federation", it is indicated, separated by commas, that executive power is exercised "also by the executive authorities of the subjects of the Russian Federation." Consequently, literally interpreting the norm contained in Part 1 of Article 1 of the federal constitutional law, the Government of the Russian Federation is part of the FOI system, and the executive authorities of the subjects of the Russian Federation independently exercise executive power at the regional level. When considering the provisions of the previous Federal Law on the Government of the Russian Federation and the aforementioned Decree of 2004, the question of whether the Government belongs to the FOI, since the previous definition of the concept of Government did not assign it such a status.

At the same time, attention should be paid to the Federal Law "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation" (Federal Law No. 414-FZ dated December 21, 2021 "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation"). In accordance with Part 3 of Article 1 of this Act, federal authorities carry out their functions on the territory of the subjects, cooperating with regional government authorities. The interpretation of this rule gives grounds to conclude that the Government of the Russian Federation exercises executive power at both the federal and regional levels. This, in turn, indicates the observance of the principle of unity of public authority, enshrined in the aforementioned law.

It is also impossible not to mention the normative acts of the President of the Russian Federation concerning the structure of the FOI. One of these is Decree No. 314 of March 9, 2004 "On the system and Structure of Federal Executive Authorities", which is in force in terms of the FOI system. Paragraph 1 of this document establishes that the FOI system includes federal ministries, federal services and federal agencies (Decree of the President of the Russian Federation dated March 9, 2004 No. 314 "On the system and Structure of Federal Executive Authorities"). Another act of the head of state defining the current structure of the FOI is Decree No. 326 dated May 11, 2024 "On the Structure of Federal Executive Authorities". This document confirms that some FIVS are subordinate to the President, while others are subordinate to the Government of the Russian Federation (Decree of the President of the Russian Federation dated May 11, 2024 No. 326 "On the Structure of Federal Executive Authorities"). Based on the content of these decrees, it can be argued that none of them proves that the Government of the Russian Federation belongs exclusively to the FOI system.

In addition to regulatory legal acts, it is worth paying attention to judicial practice. An example is the Resolution of the Constitutional Court of January 27, 1999 No. 2-P in the case on the interpretation of Articles 71 (paragraph "d"), 76 (part 1) and 112 (Part 1) of the Constitution of the Russian Federation. This document established that the structure of the FOI is predetermined by the powers of the Government of the Russian Federation to exercise executive power. In addition, the Resolution clarifies that other federal bodies are also being created to exercise these powers, which together with the Government of the Russian Federation form the structure of federal executive authorities. It follows from this that at the time of the current presidential decree, the Government of the Russian Federation was an integral part of the FOI system. This is due to the fact that, according to the position of the Constitutional Court of the Russian Federation, the exercise of powers in the field of executive power creates the need for the formation of federal bodies that form a unified system along with the Government.

There is no consensus among administrative scientists on the relationship between the Government of the Russian Federation and other executive bodies of state power. This can be seen by comparing the points of view of researchers. Thus, the author's statement about the relationship between the Government and the Federal Tax Service in the person of ministries, services and agencies, expressed in the fact that together they act as subjects of executive power on the basis of the principle of unity of executive power, has not lost its relevance at the present time [11, p. 89]. Moreover, we have previously stated that the President of the Russian Federation occupies a leading position in the system of subjects of executive power [11, p. 79].

However, the opinions of scientists on this issue varied before that. For example, V.A. Turovskaya, considering the FOI system in Russia, included the Government of the Russian Federation in it, calling the very fact that there was no such provision in the Presidential Decree of March 9, 2004 a big disadvantage [18, 37-38]. A similar position was held by V.N. Khorkov [19, p. 39].

Previously, leading scientists in the field of administrative law, such as Yu.A. Tikhomirov [1], I.L.Bachilo [16] and many others, proposed a solution to the problem of legislative consolidation of the structure of the Federal Tax Service, as well as achieving a balance between the legislative and executive branches of government.

T.E. Bedzhanova, D.V. Kamilova, K.M. Isaeva cite the opinion on the need to adopt a federal law on the FOI system, which, by analogy with the Federal Law "On the Government of the Russian Federation", will consolidate the independence of the executive branch in Russia [3, p. 79]. If this initiative is implemented, it will be possible to say that the Government of the Russian Federation and the Federal Tax Service are united, since the legal acts regulating their status simultaneously proclaim the independence of the executive branch of government.

The correct and logically correct point of view on the relationship between the Government of the Russian Federation and the executive authorities is expressed in the article by T.A. Zanko [6, p. 9] on the impact of constitutional amendments on the executive branch of the federal level. The author points out that the amendments to the Basic Law will serve as the basis for the creation of the Government of the Russian Federation, focused on strengthening the unity of public authority. In this regard, the focus of attention of legislators should be on creating a uniform system of executive and administrative bodies at all levels of government.

Authors such as E.V. Vinogradova, I.L. Danilevskaya, and G.S. Patyulin express the view that the Government of the Russian Federation is included in the FOI system, which also includes federal ministries, services, and agencies. The authors of the article claim that the activities of these bodies within the framework of a single system ensure the proper performance of their functions, as well as contribute to the elimination of disagreements between them [4, p. 42].

V.I. Radchenko and O.A. Uglanova, in their article on amendments to the Constitution, rely on the provision of the Basic Law on the Governing Powers of the Government of the Russian Federation in relation to the Federal Tax Service [13, p. 72]. Thus, the authors highlight the issue under consideration within the framework of power-subordination relations, while mentioning the bodies under the leadership of the President.

S.V. Zapolsky, in a scientific publication on the constitutional foundations of improving the effectiveness of executive power, notes a significant expansion of the sphere of activity of the Government of the Russian Federation with the adoption of the new Federal Law on the Government of the Russian Federation [7, p. 10].

M.N. Kobzar-Frolova, in her work on the political and legal relations of the Government of the Russian Federation, based on the relevant Federal Law, discusses the powers of the Government of the Russian Federation designed to ensure the unity and interaction of the entire system of executive power in Russia [9, p. 117]. We believe that the unity of the entire system of executive power, as a whole, and public authority in Russia is the dominant principle of modern public administration. At the same time, the Government of the Russian Federation is one of the main subjects of its implementation.

It is also worth referring to the work of A.A. Grishkovets on administrative reform in Russia [5, p. 140]. In it, the author expresses his opinion that innovations in the structure of the FOI, formalized by presidential decree, should be supported by a statement from the Government of the Russian Federation explaining the expediency of such a decision. This ensures the participation of the Government of the Russian Federation in approving changes in the organization and activities of executive bodies.

The claim that the Government of the Russian Federation is an element of the FOI system does not seem sufficiently justified, taking into account the content of the Basic Law of Russia and the acts of the head of state. This provision is confirmed by the fact that the texts of these documents do not give grounds to interpret them in this way. At the same time, Article 1 of the Federal Tax Code "On the Government of the Russian Federation" says the opposite. Due to the presence of the word "other" in the text of this norm, the Government of the Russian Federation can be perceived as a FOI along with others. Moreover, it should be mentioned that the Federal Law "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation" (Federal Law No. 414-FZ of December 21, 2021 "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation") empowers the Government of the Russian Federation at the federal and regional levels simultaneously, ensuring thereby realizing the principle of unity of public authority.

Based on the analysis, it can be concluded that the norms of the Constitution and the aforementioned Federal Constitutional Law are in conflict. In turn, this implies the need to check the legal act on the Government of the Russian Federation for the constitutionality of its provisions. Moreover, there is a need to interpret Article 110 of the Constitution of the Russian Federation, since the content of the norm leads to uncertainty in the issue under consideration.

According to subclause (a), clause 1, Part 1, Article 3 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" (Federal Constitutional Law No. 1-FKZ of July 21, 1994 "On the Constitutional Court of the Russian Federation"), the decision of cases on the compliance of federal constitutional laws with the Constitution belongs to the functions of the Constitutional Court of the Russian Federation. Based on this, Article 1 of the Federal Law on the Government of the Russian Federation is subject to review by the supreme judicial body of constitutional control to answer the question of whether this provision corresponds to Part 3 of Article 110 of the Basic Law. An alternative in this case may be an initiative to amend the Act on the Government of the Russian Federation with a proposal to exclude the word "other" from the content of article 1 of this law. This amendment will make it possible to definitively determine the place and role of the Government of the Russian Federation in the system of executive bodies of state power.

At the same time, the constitutional norm (Part 3 of Article 110) on the governing position of the Government of the Russian Federation in relation to the FIV may be perceived as requiring clarification from the Constitutional Court (paragraph 4 of Part 1 of Article 3 of the Federal Law "On the Constitutional Court of the Russian Federation"). The content of the norm gives the Government of the Russian Federation and the President governing powers in relation to these bodies. At the same time, Part 3 of Article 110 of the Constitution of the Russian Federation does not imply that the Government of the Russian Federation itself belongs to the FOI.

References
1. Administrative reform in Russia. Scientific and practical manual. (2006). E.K., Volchinskaya, N.A., Ignatyuk, & N.M., Kazantsev et al.; edited by S.E., Naryshkin, T.Ya., Khabrieva. Moscow: CONTRACT, INFRA-M.
2. Administrative law of the Russian Federation: textbook: in 2 volumes. Vol. 1. (2024). Moscow: Prospect.
3. Bedzhanova, T.E., Kamilova, D.V., & Isaeva, K.M. (2021). On some results of the constitutional reform of 2020 in the sphere of implementation of executive power in the Russian Federation. Education. Science. Scientific personnel, 4, 77-80.
4. Vinogradova, E.V., Danilevskaya, I.L., & Patulin, G.S. (2021). Executive power in the constitutional and legal design of modern Russia. Government: status, powers, functions. Proceedings of the Institute of State and Law of the Russian Academy of Sciences, 5, 36-54.
5. Grishkovets, A.A. (2020). Administrative reform: origins, current state, prospects. Proceedings of the Institute of State and Law of the Russian Academy of Sciences, 2, 136-157.
6. Zanko, T.A. (2020). Constitutional amendments of 2020: impact on the federal executive power. Issues of public and municipal administration, 3, 7-21.
7. Zapolsky, S.V. (2021). Constitutional Foundations for Improving the Efficiency of the Executive Branch. Administrative Law and Process, 12, 5-11.
8. Kim, Yu.V. (2023). Constitutional Model of a Public Authority Organization in Modern Russia. Constitutional and Municipal Law, 6, 25-34.
9. Kobzar-Frolova, M.N. (2021). The Government of the Russian Federation in the System of Public Authorities: Political and Legal Relations of the Government. Legal Policy and Legal Life, 2, 117-126.
10. Kolomoitseva, A.G. (2017). On the Status and Functions of Federal Executive Bodies. Bulletin of the Saratov State Law Academy, 4(159), 115-122.
11. Lapina, M.A. (2006). Implementation of executive power in the Russian Federation: Scientific and practical manual. Moscow: Publishing house of the Institute of Risk Problems.
12. Petrov, M.P. (2011). Federal executive bodies: concept and grounds for species differentiation. Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia, 3(66), 154-157.
13. Radchenko, V.I., & Uglanova, O.A. (2020). Amendments to the Constitution of the Russian Federation and the stability of the constitutional system of Russia. Bulletin of the SSLA, 6(137), 65-76.
14. Rossinsky, B.V. (2024). The importance of the structure of federal executive bodies in public administration. Actual problems of Russian law, 8(165), 27-43.
15. Sadovnikova, G.D. (2024). Commentary on the Constitution of the Russian Federation, article by article / G.D., Sadovnikova. – 12th ed., corr. and add. Moscow: Publishing House Yurait. – (Professional commentary). – ISBN 978-5-534-15856-4. – Text: electronic. Educational platform Yurait [website]. Retrieved from https://urait.ru/bcode/535409
16. Systematization and electronic coding of functions and powers in the public administration system: monograph. (2016). G.A., Buchenkov, Yu.A., Golovin, D.V., Karpushin et al.; edited by I.L., Bachilo, & M.A., Lapina. Moscow: Justice.
17. Smorchkova, L.N. (2021). Government of the Russian Federation: transformation of legal status. Law and Practice, 2, 71-76.
18. Turovskaya, V.A. (2017). On some problems of building an effective system of federal executive bodies for supervision and control. State power and local self-government, 2, 34-38.
19. Khorkov, V.N. Government of the Russian Federation in the mirror of administrative reform. Modern law, 3, 38-42.
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First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

Subject of the study: The article submitted for review raises the question of the status of the Government of the Russian Federation in the system of executive power. The author's argument deserves support that the breadth of powers of the executive branch is an urgent issue, and the author correctly emphasizes this in the phrase "The provisions of the Constitution and the Federal Law on the Government of the Russian Federation assign to the latter a number of powers, including: the implementation of a unified social policy, regulation of economic processes, ensuring the implementation of a unified financial and monetary policy, implementation of measures to ensure the implementation of the foreign policy of the Russian Federation ...". And in this aspect, there really is a need for the author's arguments "to determine the place of the Government of the Russian Federation in the FOI system, it is worth studying the current legislative and other regulatory framework. In addition, it is important to compare the points of view of scientists on this issue." At the same time, the arguments presented at the beginning of the article for the study of such an urgent topic are not entirely correlated with the problems that the author does not quite clearly formulate. It does not immediately become clear to the reader why the topic of the article "The Government of the Russian Federation in the system and structure of the federal executive authorities of the Russian Federation: the administrative and legal aspect" is being studied. Perhaps the author wanted to show the problems of the administrative and legal aspect concerning the issues of legal regulation of subordination or interaction of these entities? That is, there is no justification for the fact that the stated topic affects the legal consequences in this regard. One can agree with the author's conclusions at the end of the article: "At the same time, the constitutional norm (Part 3 of Article 110) on the governing position of the Government of the Russian Federation in relation to the Federal Tax Service may be perceived as requiring clarification from the Constitutional Court (paragraph 4 of Part 1 of Article 3 of the Federal Law "On the Constitutional Court of the Russian Federation")"... However, then at the beginning of the article it would be necessary to clearly formulate the problem that the researcher sets for himself in this article. Instead, the author offers a detailed overview of the existing legal norms governing the concept of "government" and an analysis of the norms of the Federal Constitutional Law on the Government of the Russian Federation dated 11/06/2020, allowing the author to conclude that the norms of the Constitution of the Russian Federation and the aforementioned Federal Constitutional Law are in conflict. Research methodology: The author of the article mainly used the method of description, and uses the comparative legal method inherent in this type of work. The research sequence is clear and logical. The disadvantage is the problem, which is not stated as the purpose of the study, so there are no logically structured tasks. At the beginning, the theoretical aspects of the disclosure of the concepts of "system" and "structure" are missing, which determine the novelty of the stated topic. What exactly does the author take into account as a discrepancy? The reader would like a logical thought. However, the author uses the traditional arsenal of methodology, which allows to show the author's view, which positively characterizes this study. The relevance of the topic deserves the attention of researchers, since the problem of the effectiveness of institutional structures (the author's and "systems") of the executive branch, their powers, and the development of governance issues in this regard manifest a permanent function of the state. The problem of finding a balance of authority between the subjects of executive power, the levels of federal and regional executive power is currently regulated in the Decrees of the President of the Russian Federation, the positions of the Constitutional Court of the Russian Federation and federal legislation. This is exactly what the author of the reviewed article relies on. The scientific novelty is shown in connection with the need to systematize existing approaches on the relationship between the Government of the Russian Federation, the Federal Tax Service, and the executive authorities of the constituent entities of the Russian Federation, which should be "unified". The author rightly draws attention to the fact that "The Government of the Russian Federation does not implement it alone," about the place and role of the President of the Russian Federation in the system of executive power, and other equally important issues on the stated topic. However, the author does not present arguments about the need to eliminate the contradictions he identified in the current legal norms.: that is, how it hinders the exercise of executive power in the administrative and legal aspect. What is the experience of practical conflicts of authority between the subjects under study: the Government of the Russian Federation, the Federal Tax Service, and the executive authorities of the subjects of the Russian Federation? Or what the risks might be in this regard. After all, the proposal for revision that the author suggests in his article cannot arise from scratch (the author writes: "the constitutional norm (Part 3 of Article 110) on the governing position of the Government of the Russian Federation in relation to the FIVF may be perceived as requiring clarification from the Constitutional Court (paragraph 4 of Part 1 of Article 3 of the FKZ "On the Constitutional Court of the Russian Federation")." As is well known, the Constitutional Court of the Russian Federation does not have the right to initiate such clarifications on its own. The style as a whole has a legal connotation: some legal and theoretical apparatus is presented. At the same time, the use of the words "Government" and "President" in the text, which were used by the author without the Russian Federation, requires correction, since in the meaning of the presentation there may be a variant of using the concept of "executive power of a subject of the Russian Federation" (for example, in the text "forming a single system along with the Government"). In relation to the Constitution, it is also necessary to add that this is specifically the Russian Federation (although foreign experience is not considered by the author, it still shows the level of imperfection, "imperfection" of the text). Legislation is also required to be issued in accordance with GOST. This is necessary because the author analyzes, among other things, invalid acts. Sometimes the reader has questions about which act in this sentence is being discussed (for example, in the text: "At the same time, Article 1 of the Federal Law on the Government of the Russian Federation says the opposite" - is this a valid act or not?, "Presidential Decree of March 9, 2004" - the title is missing here, because echoes the meaning of the previous paragraph). The example of this author's proposal without specifying numbers, dates and surnames misleads the reader.: "But with the amendments to the Basic Law of the Russian Federation, the role of the President changed in 2020, as noted above, so the fact that the definition given in the Federal Law on December 17, 1997 was replaced by a new one does not raise questions, but precisely because of the updated wording in the legislation of the authors (reviewer's note: which ones????)articles and the question arose about the place of the Government of the Russian Federation in the FOIV system ...". The style of scientific articles on the subject of power requires clear wording in accordance with the terminology of administrative law and their status under the Constitution of the Russian Federation. See the example of the author's text will require changes to: state power (for example: federal, regional? It is necessary to be clear and not at the level of journalism – save the legal terminology, please), namely by the President and the State Duma, which is confirmed in Articles 111, 112, 116 of the Constitution of the Russian Federation. The Government of the Russian Federation is also responsible to other state authorities (for example, to the same State Duma (note: there is an official name of this body), which is enshrined in paragraph "a" of Part 1 of p.114 of the Constitution (note: the Russian Federation will be right!, and there are no paragraphs in the Constitution of the Russian Federation, there are parts), as well as the right the lower house (note: legally, there is no such chamber!) The bibliography seems to be covered, there are references to scientific works, really thematic laws and by-laws are given, and an analysis of the positions of the Constitutional Court of the Russian Federation is proposed. Conclusions, the interest of the readership.
The work is a study of the legislative and theoretical framework reflecting the research topic, the novelty is not fully justified, since there is no stated problem. However, this does not spoil the positive assessment of the author's work and ideas about the identified contradictions in the legislation. The author is invited to present the problems and practical aspect of the research in a reasoned manner, to streamline the research methodology: to state the problem, set a research goal (the author did not formulate it, but partially outlined it in the study, which in a sense puts the reader in a difficult position to think about it), formulate specific research objectives (that is, what needs to be investigated and what problems or risks may be eliminated as a result of this study). As a recommendation, attention can be paid to the author's proposal to investigate precisely the administrative and legal aspect, that is, management issues and the problems of building powers, which depend on the wording of the norm identified by the author as contrary to the Constitution of the Russian Federation. Given the author's work, very little refinement will be required in terms of streamlining the presented material and proofreading and correcting flaws in the text. After the revision, the author's work will be interesting to readers, and, possibly, to the initiators of changes to the current legislation.

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REVIEW of an article on "The Government of the Russian Federation in the system and structure of federal executive authorities of the Russian Federation: administrative and legal aspect". The subject of the study. The article proposed for review is devoted to topical issues of the place of the Government of the Russian Federation in the system and structure of the federal executive authorities of the Russian Federation. The author examines problematic issues of correlation between the provisions of the Constitution of the Russian Federation and federal legislation. As noted in the article, "In order to determine the place of the Government of the Russian Federation in the FOI system, it is worthwhile to study the current legislative and other regulatory framework. In addition, it is important to compare the points of view of scientists on this issue." The specific subject of the study was, first of all, the provisions of legislation and the opinions of scientists. Research methodology. The purpose of the study is not stated explicitly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of the place of the Government of the Russian Federation in the system and structure of the federal executive authorities of the Russian Federation. Based on the set goals and objectives, the author has chosen the methodological basis of the research. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation. For example, the following conclusion of the author: "Within the framework of the stated topic, it is necessary to mention the following: the Federal Law on the Government of the Russian Federation dated 12/17/1997 defined the concept of Government in art.1, which is not in the Federal Law on the Government of the Russian Federation dated 11/06/2020, however, the latter contains several other provisions: "The executive power of the Russian Federation is exercised by the Government of the Russian Federation and other federal bodies the executive branch (–approx.the authors of the article) in accordance with the structure of the federal executive authorities ..." (Federal Constitutional Law No. 4-FKZ of November 6, 2020 "On the Government of the Russian Federation"). At the same time, Decree No. 314 of the President of the Russian Federation dated 09.03.2004 "On the system and Structure of Federal Executive Authorities" did not introduce changes that would in any way link the Government and the Federal Executive Committee. Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows us to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of the place of the Government of the Russian Federation in the system and structure of the federal executive authorities of the Russian Federation is complex and ambiguous. This is due, among other things, to the fact that amendments and additions have recently been made to the Constitution of the Russian Federation, which made it possible to talk about clarifying the status of the Government of the Russian Federation. It is difficult to argue with the author of the article that "The Constitution of the Russian Federation stipulates that state power in the Russian Federation is carried out on the basis of division into three separate branches of government, including the executive. Article 110 of the Constitution specifies this provision, indicating that executive power is exercised by the Government of the Russian Federation (as amended by the Constitution of 07/04/2020 - "... under the general leadership of the President of the Russian Federation"). However, of course, the Government of the Russian Federation does not implement it alone – for this purpose, a separate system of state executive authorities has been created at the federal and regional levels. The latter themselves are repeatedly mentioned in the above-mentioned Constitution of the Russian Federation, including articles 10, 66, 83, etc., however, at the time of the adoption of the basic law of Russia, there is currently no legal definition of the concept of "executive authority" in the legislation of the Russian Federation, but in the legal literature, including scientific articles have repeatedly attempted to reveal the content of this concept and highlight its characteristic features." Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, the following conclusion: "The claim that the Government of the Russian Federation is an element of the FOI system does not seem sufficiently justified, taking into account the content of the Basic Law of Russia and the acts of the head of state. This provision is confirmed by the fact that the texts of these documents do not give grounds to interpret them in this way. At the same time, Article 1 of the Federal Tax Code "On the Government of the Russian Federation" says the opposite. Due to the presence of the word "other" in the text of this norm, the Government of the Russian Federation can be perceived as a FOI along with others. Moreover, it should be mentioned that the Federal Law "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation" (Federal Law No. 414-FZ of December 21, 2021 "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation") empowers the Government of the Russian Federation at the federal and regional levels simultaneously, ensuring thereby realizing the principle of unity of public authority." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "it can be concluded that the norms of the Constitution and the aforementioned Federal Constitutional Law are in conflict. In turn, this implies the need to check the legal act on the Government of the Russian Federation for the constitutionality of its provisions. Moreover, there is a need to interpret Article 110 of the Constitution of the Russian Federation, since the content of the norm leads to uncertainty in the issue under consideration." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, and content. The subject of the article corresponds to the specialization of the journal "Law and Politics", as it is devoted to legal issues related to determining the legal status of the Government of the Russian Federation. The content of the article fully corresponds to the title, as the author has considered the stated problems and fully achieved the research goal. The quality of the presentation of the study and its results should be fully recognized as positive. The subject, objectives, methodology and main results of the research follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia (Bedzhanova T.E., Kamilova D.V., Isaeva K.M., Radchenko V.I., Uglanova O.A. and others). Many of the cited scientists are recognized scholars in the field of constitutional and administrative law. Thus, the works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to the opponents. The author conducted a serious analysis of the current state of the problem under study. All quotations of scientists are accompanied by the author's comments. That is, the author shows different points of view on the problem and tries to argue the more correct one in his opinion. Conclusions, the interest of the readership.
The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the understanding of certain norms of the Constitution of the Russian Federation and the legislation of Russia that determine the legal status of the Government of the Russian Federation. Based on the above, summarizing all the positive and negative sides of the article, "I recommend publishing"
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