Procedures for Setting Public Authorities Bodies in the Russian Federation: Modern Perspective

Abstract

The article is devoted to the analysis and prospects of improving the current procedures for the formation of bodies of State power in the Russian Federation serving as a mechanism for empowerment and legitimization of these bodies both at national and international level and being the primary stage for functioning institutions of the mediated democracy. The instability of constitutional legal regulation and practice testifies to the active search for optimal ways of development in this area. The author mentions that in the modern legal reality there exist different kinds of election procedures (depending on the electoral system), appointments (taking into account the related procedures for the selection, coordination, approval, etc.) and their hybrid combinations. The main problem here is the absence of stands and uniform standards in their use of situational forms for empowerment of a public authority, which is fraught with inefficiencies not only created authorities, but also with undermining public confidence in public institutions. The problems of legal regulation of existing procedures also include their excessive settlement, complexity, gaps, duplicative rules, other factors of corruption, which does not make it possible to implement the procedure, that makes it difficult to use or creates the potential for abuse in the formation of public authorities. Russian law often lacks procedures involving the declarative nature of their respective substantive legal standards. In view of such issues the article considers separate electoral procedures, the procedures for the formation of the Federation Council of the Federal Assembly of the Russian Federation and bodies of executive po wer in the Russian Federation. The author suggests developing a theoretical framework that would make it possible to systematize the procedures for State bodies in order to unify the principles of their application, basics of interaction of participating subjects. This would eliminate the negative elements in their use (usurpation of power, indefinite latitude of powers incidental political preconditions, etc.) and eventually will increase the efficiency of the activities of the public authorities in the the source of power, and will forward constitutional and political evolution of the State in a certain direction.