Правотворчество Президента США в сопоставлении с отдельными аспектами правотворчества Президента Российской Федерации

Abstract

The article is primarily aimed at the types of presidential actions in the United States of America. The author considers various types of actions issued by the President of the United States and categorizes those actions by their form, including executive orders, proclamations, administrative orders, presidential memoranda, determinations, notices, reorganization plans, etc. Particularly the article is focused on executive orders of the American head of executive branch as they are the most significant regulations. In addition, the article touches upon the types of regulations issued by the President of the Russian Federation apart from decrees and orders, such as instructions and directives. This paper contains comparative legal study based on contemporary legislative material from two substantially different legal systems, offers grounds for legitimacy and admissibility of broad presidential rulemaking powers including issuing of regulations which types or forms are not directly specified in the constitution, explores the nature of instructions of the Russian President. However, the author advocates the idea that presidential administrative actions should not be considered as non-legal actions, and issuing by this officer regulations, including those which types are not defined by a constitution, could only be done in case those regulations comply with the laws.