On the rotation of persons holding the presidency: experience in scientific comprehension

 
PIIS102694520019385-4-1
DOI10.31857/S102694520019385-4
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of State and Municipal Administration and Law Stavropol State Agrarian University
Affiliation: Stavropol state agrarian University
Address: Russian Federation, Stavropol
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages19-30
Abstract

On the basis of a comparative analysis of the constitutional models of different countries the approach, that considers the rotation of power not as a goal in itself, but as a means of avoiding the alienation of power from the people, has been proposed. Taking into account this analysis, the pattern of the presidential power, consisting of two interrelated parts, has been justified. Firstly, based on a critical rethinking of the optimality of two-term model of the rotation of the presidential power for all countries the author has formulated the provision that depending on the balance of political forces, historical experience, social traditions and values, different countries establish their own model which considered acceptable in a particular country on the condition of its legal legitimization. Secondly, the provision on the need to establish in Russian legislation the institution of recall of the President of the Russian Federation, who has not lived up to public expectations, by the will of the people, expressed in a national referendum, has been justified.

Keywordsrotation of the presidential power, restriction of the presidential terms, scientific knowledge, value judgment, two-term model, plebiscitary model, contradiction between people and power, alienation of power from the people; presidential reelection; recall of the President
Received07.10.2021
Publication date29.03.2022
Number of characters45341
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 391

Readers community rating: votes 0

1. Asmus V.F. Logic: textbook. M., 2001. P. 56, 57 (in Russ.).

2. The Great explanatory dictionary of the Russian language / comp. and chief editor S.A. Kuznetsov. SPb., 2000. P. 1216 (in Russ.).

3. Veber M. Selected works. M., 1990. P. 345 - 415 (in Russ.).

4. Klifford K. How is being made the President. M., 1985. P. 11 (in Russ.).

5. Kondrashev A.A. Removability of state power as a constitutional value // Russian legal journal. 2016. No. 3. P. 90 - 99 (in Russ.).

6. Krasnov M. Post-Soviet states: does the political regime depend on constitutional design? // Comparative Constitutional Review. 2014. No. 2. P. 29 - 45 (in Russ.).

7. Krasnov M. The head of state as an element of the authoritarian potential of the president // State and Law. 2015. No. 1. P. 78 - 81 (in Russ.)

8. Kulikova Yu. A. Problems of legal regulation of the terms of office of the Presidents of the Russian Federation and the member States of the Commonwealth of Independent States: dis. … PhD in Law. M., 2014. P. 78 - 81(in Russ.).

9. Linc Huan. Dangers of presidentialism // Theory and practice of democracy: selected texts. M., 2006. P. 221, 222 (in Russ.).

10. Manzhosov S. Theory and practice of rotation in office: whose traditions does Russia follow? // Comparative Constitutional Review. 2020. No. 3. P. 63–81 (in Russ.).

11. Psychology of labor / ed. by A.V. Karpov. M., 2005. P. 190–195 (in Russ.).

12. Sakharov N.A. Institute of presidency in the modern world. M., 1994. P. 44 (in Russ.).

13. Federalist: The political essays of Alexander Hamilton, James Madison and John Jay. M., 2000. P. 449, 450, 472 (in Russ.).

14. Shlezinger, Jr. A.M. The cycles of American history. M., 1992. P. 455, 456 (in Russ.).

15. Ebzeev B.S. Constitution, power and freedom in Russia: experience of synthetic research. M., 2014. P. 181–198 (in Russ.).

16. Yakovlev V. Yu. Values and meanings of scientific cognition: dis. … Doctor of Philosophy. Kirov, 2009 (in Russ.).

17. Korzi M.J. Presidential Term Limits in American History: Power, Principles & Politics. Texas, 2011. P. 51–78, 143–165.

18. Presidential Terms and Tenure: Perspectives and Proposals for Change. P. 6–9. URL: http://www.whitehousetransitionproject.org/wp-content/uploads/2016/04/Terms-Tenure_101909-1.pdf

Система Orphus

Loading...
Up