On the Government of the Russian Federation – Federal Constitutional Law 1997

Article 1.  The Government of the Russian Federation is the highest executive body of state power of the Russian Federation

The Government of the Russian Federation is a body of state power of the Russian Federation.

The Government of the Russian Federation exercises the executive power of the Russian Federation.

The Government of the Russian Federation is a collegial body heading the unified system of executive power in the Russian Federation.

Article 2.  Legal basis for the activities of the Government of the Russian Federation

The Government of the Russian Federation carries out its activities on the basis  of the Constitution of the  Russian Federation, federal constitutional laws, federal laws and regulatory decrees of the President of the Russian Federation.

The Government of the Russian Federation in its activities is guided by the principles of the supremacy  of the Constitution of the  Russian Federation, federal constitutional laws and federal laws, the principles of democracy, federalism, separation of powers, responsibility, publicity and ensuring the rights and freedoms of man and citizen.

The Government of the Russian Federation, within its powers, organizes the implementation  of the Constitution of the  Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, international treaties of the Russian Federation, exercises systematic control over their implementation by federal executive authorities and executive authorities of the constituent entities of the Russian Federation, takes measures to eliminate violations of the legislation of the Russian Federation.

Article 6.  Composition of the Government of the Russian Federation

The Government of the Russian Federation consists of members of the Government of the Russian Federation – the Chairman of the Government of the Russian Federation, Deputy Chairmen of the Government of the Russian Federation and federal ministers.

In accordance with decrees of the President of the Russian Federation, Deputy Prime Ministers of the Russian Federation and federal ministers may fill the positions of plenipotentiary representatives of the President of the Russian Federation in federal districts.

The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation from among the citizens of the Russian Federation who do not have the citizenship of a foreign state or a residence permit or other document confirming the right of a citizen of the Russian Federation to permanently reside in the territory of a foreign state, in the manner established by  the Constitution of the  Russian Federation.

The Chairman of the Government of the Russian Federation is dismissed by the President of the Russian Federation:

upon the resignation of the Chairman of the Government of the Russian Federation;

if it is impossible for the Chairman of the Government of the Russian Federation to exercise his powers.

The President of the Russian Federation notifies the Federation Council and the State Duma of the Federal Assembly of the dismissal of the Chairman of the Government of the Russian Federation on the day the decision is made.

The dismissal of the Chairman of the Government of the Russian Federation simultaneously entails the resignation of the Government of the Russian Federation.

 Article 8

In the event of the temporary absence of the Chairman of the Government of the Russian Federation, his duties are performed by one of the Deputy Chairman of the Government of the Russian Federation in accordance with the distribution of duties in writing.

In case of dismissal of the Chairman of the Government of the Russian Federation, the President of the Russian Federation shall have the right, prior to the appointment of a new Chairman of the Government of the Russian Federation, to entrust the performance of the duties of the Chairman of the Government of the Russian Federation to one of the Deputy Chairman of the Government of the Russian Federation for a period of up to two months.

Deputy Prime Ministers of the Russian Federation and federal ministers are appointed and dismissed by the President of the Russian Federation on the proposal of the Prime Minister of the Russian Federation. Deputy Prime Ministers of the Russian Federation and federal ministers are appointed from among the citizens of the Russian Federation who do not have the citizenship of a foreign state or a residence permit or other document confirming the right of a citizen of the Russian Federation to permanently reside in the territory of a foreign state.

Deputy Prime Ministers of the Russian Federation and federal ministers have the right to submit their resignations.

The Chairman of the Government of the Russian Federation, Deputy Chairmen of the Government of the Russian Federation and federal ministers are obliged, upon appointment, and subsequently annually, no later than April 1 of the year following the reporting financial year, to submit to the tax authorities of the Russian Federation information on income, securities that are objects of taxation and other property belonging by right of ownership to them, their spouses and minor children, as well as about their property obligations and property obligations of spouses and minor children. The tax authorities of the Russian Federation send this information to the President of the Russian Federation and to the Federal Assembly. Such information may be published.

Members of the Government of the Russian Federation are not entitled to:

be members of the Federation Council, deputies of the State Duma, deputies of legislative (representative) bodies of state power of constituent entities of the Russian Federation and deputies of elected bodies of local self-government;

hold other positions in public authorities and local self-government bodies, with the exception of cases established by federal constitutional laws, federal laws and  decrees  of the President of the Russian Federation;

engage in entrepreneurial activities personally or through proxies, including participating in the management of an economic entity, regardless of its organizational and legal form, unless otherwise provided by federal laws or if they are not instructed to participate in the procedure established by the Government of the Russian Federation in accordance with federal laws in the management of this organization;

engage in other paid activities, except for teaching, research and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed solely at the expense of funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by the legislation of the Russian Federation, international treaties of the Russian Federation or mutual agreements of federal bodies state authorities with state bodies of foreign states, international and foreign organizations;

be attorneys or representatives in cases of third parties in public authorities;

use for non-official purposes information, means of material and technical, financial and information support intended only for official activities;

receive royalties for publications and speeches as a member of the Government of the Russian Federation;

receive in connection with the exercise of their powers from individuals and legal entities loans, gifts, monetary and other remuneration not provided for by federal legislation, including services, payment for entertainment and recreation;

accept, without the permission of the President of the Russian Federation, honorary and special titles, awards and other insignia of foreign states;

travel on business trips outside the Russian Federation at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation or on a reciprocal basis by agreement of federal government bodies with state bodies of foreign states, international and foreign organizations;

be a member of management bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural subdivisions operating on the territory of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation, international treaties of the Russian Federation or agreements on a mutual basis between federal state authorities and state bodies of foreign states, international and foreign organizations;

open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments. This prohibition applies to spouses (spouses) and minor children of members of the Government of the Russian Federation. Control over compliance by members of the Government of the Russian Federation, their spouses and minor children with this prohibition is carried out in the manner prescribed by decrees of the President of the Russian Federation. The term  “foreign financial instruments”  is used in the meaning specified in the  Federal Law “On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments.”

Article 11.1 . Obligations imposed on members of the Government of the Russian Federation in order to prevent or resolve conflicts of interest

A member of the Government of the Russian Federation is obliged:

report, in  accordance with the procedure stipulated by the decrees of the President of the Russian Federation, on the occurrence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest, as well as take measures to prevent or resolve such a conflict;

transfer for the duration of his stay in the Government of the Russian Federation the securities (participatory interests, shares in the authorized (reserve) capitals of organizations) owned by him for trust management in accordance with the  civil legislation of the  Russian Federation.

The Government of the Russian Federation directs the work of federal ministries and other federal executive bodies and controls their activities.

Federal ministries and other federal executive bodies are subordinate to the Government of the Russian Federation and are responsible to it for the fulfillment of assigned tasks.

In order to exercise its powers, the Government of the Russian Federation may create its own territorial bodies and appoint appropriate officials.

The Government of the Russian Federation distributes functions among federal executive bodies, approves regulations on federal ministries and other federal executive bodies, sets the maximum number of employees in their apparatuses and the amount of appropriations for the maintenance of these apparatuses within the funds provided for these purposes in the federal budget.

The Government of the Russian Federation establishes the procedure for the creation and operation of territorial bodies of federal executive bodies, sets the amount of appropriations for the maintenance of their apparatuses within the limits of the funds provided for these purposes in the federal budget.

The Government of the Russian Federation appoints and dismisses deputy federal ministers, heads of federal executive bodies under the jurisdiction of the Government of the Russian Federation, and their deputies, heads of federal executive bodies under the jurisdiction of federal ministries, and their deputies on the proposal of federal ministers , heads of bodies and organizations under the Government of the Russian Federation.

The Government of the Russian Federation has the right to cancel the acts of the federal executive bodies or to suspend the operation of these acts.

The Government of the Russian Federation has the right to establish organizations, form coordinating, advisory bodies, as well as bodies under the Government of the Russian Federation. In order to investigate the causes of emergency circumstances and eliminate their consequences, the Government of the Russian Federation has the right to establish government commissions to investigate the causes of emergency circumstances and eliminate their consequences. By decision of the Chairman of the Government of the Russian Federation, representatives of the Federal Assembly of the Russian Federation may be involved in the work in these commissions.

Features of the management of federal ministries and other federal executive bodies on issues referred  by the Constitution of the  Russian Federation, federal constitutional laws and federal laws to the powers of the President of the Russian Federation are established  by Article 32  of this Federal Constitutional Law.

In the event of a change in the established procedure in the system and structure of federal executive bodies before the adoption of federal laws on the introduction of appropriate amendments to federal laws, the Government of the Russian Federation may redistribute the functions of federal executive bodies established by federal laws, with the exception of the functions of federal executive bodies whose activities in accordance with with  the first part of Article 32 of  this Federal Constitutional Law, the President of the Russian Federation leads.

Article 13.  General Powers of the Government of the Russian Federation

The Government of the Russian Federation, within its powers:

organizes the implementation of the domestic and foreign policy of the Russian Federation;

carries out regulation in the socio-economic sphere;

ensures the unity of the system of executive power in the Russian Federation, directs and controls the activities of its bodies;

forms federal targeted programs and ensures their implementation;

implements the right of legislative initiative granted to him.

The Government of the Russian Federation, in agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of its powers, unless this contradicts  the Constitution of the  Russian Federation, this Federal Constitutional Law and federal laws.

The Government of the Russian Federation exercises the powers transferred to it by the executive authorities of the constituent entities of the Russian Federation on the basis of relevant agreements.

The Government of the Russian Federation submits to the State Duma annual reports on the results of its activities, including on issues raised by the State Duma.

The Government of the Russian Federation sends to the chambers of the Federal Assembly of the Russian Federation information on the progress of the development and expected dates for the adoption of regulatory legal acts, the development and adoption of which are provided for by federal laws.

Government of the Russian Federation:

carries out, in accordance with  the Constitution of the  Russian Federation, federal constitutional laws, federal laws, regulatory decrees of the President of the Russian Federation, the regulation of economic processes;

ensures the unity of the economic space and freedom of economic activity, free movement of goods, services and financial resources;

predicts the socio-economic development of the Russian Federation, develops and implements programs for the development of priority sectors of the economy;

develops the state structural and investment policy and takes measures for its implementation;

manages federal property;

develops and implements state policy in the field of international economic, financial, investment cooperation;

carries out general management of the customs business;

takes measures to protect the interests of domestic producers of goods, performers of works and services;

forms a mobilization plan for the economy of the Russian Federation, ensures the functioning of the defense industry of the Russian Federation.

Government of the Russian Federation:

Article  28

Exclusively at meetings of the Government of the Russian Federation:

decisions are made on the submission to the State Duma of the federal budget and the report on the execution of the federal budget, as well as the budgets of state off-budget funds;

considers draft programs for economic and social development related to the creation of free economic zones;

the nomenclature of goods for which state regulation of prices is applied is established;

decisions are made on the submission by the Government of the Russian Federation of bills to the State Duma;

issues of providing financial support in excess of 100 million rubles are being considered;

considers the acquisition of shares by the state;

decisions are made on signing agreements with the executive authorities of the constituent entities of the Russian Federation;

the Presidium of the Government of the Russian Federation is formed;

regulations on federal ministries and other federal executive bodies are approved, as well as a procedure is established for the creation and maintenance of the activities of territorial bodies of federal executive bodies in the event of disagreements that are not settled in accordance with  the Regulations of the  Government of the Russian Federation, between the interested federal executive bodies on the specified questions;

the Regulations of the  Government of the Russian Federation and  the Regulations on the Staff of the Government of the Russian Federation are approved   ;

considers the annual reports of the Government of the Russian Federation on the results of its activities, including those on issues raised by the State Duma.

Other issues may be considered at meetings of the Government of the Russian Federation in cases established by regulatory legal acts of the Russian Federation, as well as by decision of the President of the Russian Federation or the Chairman of the Government of the Russian Federation in the manner determined by  the Regulations of the  Government of the Russian Federation.

Article  29

To resolve operational issues, the Government of the Russian Federation, at the proposal of the Chairman of the Government of the Russian Federation, may form  the Presidium of the  Government of the Russian Federation.

Meetings of the Presidium of the Government of the Russian Federation are held as needed.

Decisions of the Presidium of the Government of the Russian Federation are adopted by a majority vote of the total number of members of the Presidium of the Government of the Russian Federation and must not contradict acts adopted at meetings of the Government of the Russian Federation.

The Government of the Russian Federation has the right to cancel any decision of the Presidium of the Government of the Russian Federation.

Article  30

The President of the Russian Federation, in accordance with  the Constitution of the  Russian Federation and this Federal Constitutional Law, ensures the coordinated functioning and interaction of the Government of the Russian Federation and other state authorities.

The President of the Russian Federation has the right to chair meetings of the Government of the Russian Federation and meetings of the Presidium of the Government of the Russian Federation.

The President of the Russian Federation, in accordance with  the Constitution of the  Russian Federation, federal constitutional laws, federal laws, directs the activities of the federal executive bodies in charge of defense, security, internal affairs, justice, foreign affairs, the prevention of emergencies and the elimination of the consequences of natural disasters, and the activities of the National Guard Troops of the Russian Federation, approves, on the proposal of the Chairman of the Government of the Russian Federation  , the provisions  on them and appoints the heads and deputy heads of these bodies, and also exercises other powers as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and the Chairman of the Security Council of the Russian Federation.

The President of the Russian Federation directs, directly and through the federal ministers, the activities of the federal executive bodies specified in  the first part of  this article and which are under the jurisdiction of the respective federal ministries.

The President of the Russian Federation distributes functions among the federal executive bodies specified in  the first part of  this article. In the event of a change in the established procedure in the system and structure of federal executive bodies, the President of the Russian Federation, before the adoption of federal laws on the introduction of appropriate amendments to federal laws, may redistribute the functions of federal executive bodies established by federal laws, the activities of which are directed by the President of the Russian Federation.

The Government of the Russian Federation, in accordance with  the Constitution of the  Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, coordinates the activities of the federal executive bodies specified in  part one of  this article.

 Article 33

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

In cases stipulated by  the Constitution of the  Russian Federation, the Chairman of the Government of the Russian Federation shall temporarily act as the President of the Russian Federation.

 Article 35

The Government of the Russian Federation resigns its powers before the newly elected President of the Russian Federation. The decision on the resignation by the Government of the Russian Federation of its powers is formalized by the order of the Government of the Russian Federation on the day the President of the Russian Federation takes office.

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

The President of the Russian Federation has the right to take a decision on the resignation of the Government of the Russian Federation, including in the cases provided for by  the Constitution  of the Russian Federation when the State Duma expresses no confidence in the Government of the Russian Federation or when the State Duma refuses to trust the Government of the Russian Federation.

In the event of resignation or resignation, the Government of the Russian Federation, on behalf of the President of the Russian Federation, continues to act until the formation of a new Government of the Russian Federation.

The Government of the Russian Federation shall have the right of legislative initiative in the Federal Assembly.

The Government of the Russian Federation exercises the right of legislative initiative by submitting bills to the State Duma.

The Government of the Russian Federation has the right to submit to the State Duma, in accordance with its  Rules of Procedure  , amendments to bills under consideration by the State Duma.

Draft federal laws developed by the Government of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation shall be sent by the Government of the Russian Federation to the state authorities of the constituent entities of the Russian Federation.

The Government of the Russian Federation gives written opinions on bills on the introduction or abolition of taxes, on exemption from their payment, on the issuance of state loans, on changes in the financial obligations of the state, and on bills providing for expenses covered from the federal budget. The conclusion of the Government of the Russian Federation shall be sent to the subject of the right of legislative initiative and to the State Duma within one month from the date of receipt of the draft law by the Government of the Russian Federation. By agreement with the relevant subject of the right of legislative initiative, this period may be extended.

The Government of the Russian Federation may send to the chambers of the Federal Assembly official reviews of federal laws and bills considered by the chambers. Official reviews of the Government of the Russian Federation are subject to mandatory disclosure or dissemination when federal laws and draft laws are being considered at meetings of the Federation Council or the State Duma.

Members of the Government of the Russian Federation have the right to attend and speak at meetings of the chambers of the Federal Assembly, their committees and commissions in accordance with the regulations of the chambers.

An official representative(s) of the Government of the Russian Federation shall be appointed to present a bill introduced by the Government of the Russian Federation in the chambers of the Federal Assembly. To protect the positions of the Government of the Russian Federation on conclusions, amendments and official recalls, a special representative may be sent by order of the Chairman of the Government of the Russian Federation or one of his deputies, whose powers are determined in the order. Representatives of the Government of the Russian Federation attend meetings of the chambers of the Federal Assembly during the consideration of federal laws and bills, where they are given the floor in accordance with the regulations of the chambers.

Article  37

The Chairman of the Government of the Russian Federation has the right to raise the question of confidence in the Government of the Russian Federation before the State Duma. In this case, the State Duma has the right either to express confidence in the Government of the Russian Federation or to refuse confidence in the Government of the Russian Federation.

The State Duma has the right to express no confidence in the Government of the Russian Federation.

Members of the Government of the Russian Federation are obliged, at the invitation of the chambers of the Federal Assembly, to attend their meetings and answer questions from members of the Federation Council and deputies of the State Duma in the manner determined by the regulations of the chambers. Members of the Government of the Russian Federation, at the invitation of the chambers of the Federal Assembly of the Russian Federation, speak at their meetings with information on issues of an emergency nature.

An invitation from the chamber of the Federal Assembly indicating the issues of interest to members of the Federation Council and deputies of the State Duma shall be sent to a member of the Government of the Russian Federation at least five days before the meeting of the chamber.

If it is impossible to attend a meeting of the chamber of the Federal Assembly, the relevant member of the Government of the Russian Federation shall notify the chamber of the Federal Assembly of this in advance, indicating the reason for the absence and indicating the official who can arrive at the meeting and answer the questions posed.

The procedure for consideration by the Government of the Russian Federation of requests from members of the Federation Council and deputies of the State Duma is determined by the  legislation of the  Russian Federation on the status of a member of the Federation Council and the status of a deputy of the State Duma.

Committees and commissions of the chambers of the Federal Assembly have the right to send written appeals on matters within their jurisdiction to members of the Government of the Russian Federation and heads of federal executive bodies.

Members of the Government of the Russian Federation and heads of federal executive bodies shall notify the relevant committees and commissions of the results of the consideration of written appeals of the committees and commissions of the chambers of the Federal Assembly and the measures taken by them within the terms agreed with them.

The preparation of annual reports on the results of the activities of the Government of the Russian Federation, including on issues raised by the State Duma, is carried out in the manner prescribed by  the Regulations of the  Government of the Russian Federation.

These reports are subject to mandatory official publication in Rossiyskaya Gazeta and Parlamentskaya Gazeta.

The Government of the Russian Federation, in accordance with federal law, informs the State Duma of the progress in the execution of the federal budget.

The Government of the Russian Federation, within the established time limits, provides the necessary information to the Accounts Chamber of the Russian Federation when it exercises control over the execution of the federal budget in the manner prescribed by federal law.

 Article 42

The Government of the Russian Federation, within its powers:

finances the courts only from the federal budget and ensures the possibility of full and independent administration of justice in accordance with federal law;

ensures the execution of judgments.

Article  43

Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal executive authorities and executive authorities of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation.

The Government of the Russian Federation, within its powers, in order to ensure a combination of interests of the Russian Federation and the constituent entities of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation in the sphere of exercising executive power, coordinates the activities of the executive authorities of the constituent entities of the Russian Federation.

The Government of the Russian Federation, within a period of not more than one month, considers proposals submitted to the Government of the Russian Federation in the prescribed manner by legislative (representative) or executive bodies of state power of the constituent entities of the Russian Federation on the subjects of the jurisdiction of the Russian Federation and on the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation and informs the specified authorities on the results of consideration of the submitted proposals.

The Government of the Russian Federation sends to the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation drafts of its decisions on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Proposals of the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation on such projects are subject to mandatory consideration by the Government of the Russian Federation.

 Article 44

The Government of the Russian Federation, within the limits of its authority, exercises control over the activities of the federal executive bodies, and, on matters falling within the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, also over the activities of the executive authorities of the constituent entities of the Russian Federation.

The Government of the Russian Federation shall ensure that the federal executive authorities observe the rights of the executive authorities of the constituent entities of the Russian Federation and promote the interaction of these bodies.

The Government of the Russian Federation, within the limits of its authority, resolves disputes and eliminates disagreements between the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation. To resolve disputes and resolve disagreements, conciliation commissions are created from representatives of interested parties.

The Government of the Russian Federation shall submit proposals to the President of the Russian Federation on the suspension of acts of the executive authorities of the constituent entities of the Russian Federation in the event of their contradiction with  the Constitution of the  Russian Federation, federal constitutional laws, federal laws, international obligations of the Russian Federation, or violation of the rights and freedoms of man and citizen.

 Article 45

Expenses for the maintenance of the Government of the Russian Federation are determined in the federal budget as a separate line.

Members of the Government of the Russian Federation receive a monetary allowance for their official activities, the amount of which is established by  federal law .

Medical care and social welfare for members of the Government of the Russian Federation are carried out on the basis of federal legislation within the limits of federal budget expenditures for the maintenance of the Government of the Russian Federation.

In order to ensure the activities of the Government of the Russian Federation and to organize control over the implementation by executive bodies of decisions adopted by the Government of the Russian Federation, the Apparatus of the Government of the Russian Federation is formed. The Office of the Government of the Russian Federation cooperates with the Administration of the President of the Russian Federation and the Offices of the Chambers of the Federal Assembly.