Беспощадная непреложность рецепции: был ли заимствован институт президентства в России

Конституционное и муниципальное право. 2024. № 10. С. 53–61.

Брикульский И. А.

The article raises the problem of reception of the presidency institution in Russia. The author addresses the problems of borrowing of legal institutions and the institutional theory that stipulates rather strict conditions for borrowing of any institutions. Ignoring such conditions (e.g., clear choice of the institution to be borrowed, creation of institutional conditions, strategy, accounting for the cultural factor, etc.) means that the borrowed institution will be dysfunctional or will negatively affect all other institutions. The author uses files of the Constitutional Conference of 1993 to illustrate the initial problems of borrowing of the presidency institution. Justifying the role of the president in the system of separation of powers, the participants of the Constitutional Conference addressed the monarchical culture and Russian traditions ignoring a number of important institutional arguments. Later on, an institutionally strong president has been able to overcome one of the most important characteristics of presidency that distinguishes it from the monarchical institution, which is limitation of the term of office (cadence). The author concludes that overcoming of such important institutional characteristics (fundamentals of presidency) and subsequent concentration of power by the president are the result of mistakes made at borrowing.

Keywords: социальное государство, рецепция, заимствование, Президент РФ, borrowing, the President of the Russian Federation ., Russian social welfare state