Les instructions du Président de la Russie. Analyse d'un instrument d'action discrétionnaire

In: Revue d'études comparatives est-ouest: RECEO, Volume 31, Issue 2, p. 137-155

Abstract

The legal status of instructions from the Russian Federation's president is not precise; in fact, Russian legal experts and the literature consider it to be "nonexistent". Nonetheless, President Eltsine gave instructions for granting sizeable funds; and the nonexecution of these instructions may have motivated the resignation of major Federal government employees. For the Russian executive, such an instruction is a pure manifestation, extralegal but with binding force, of the head of state's decision-making power. The legal status of presidential instructions is studied herein, as well as the perception and interpretation of them by branches of the executive. The significance of these instructions in the constitutional and political context of presidential power in contemporary Russia is examined.