President of the Russian Federation is the head of state. The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, the President of the Russian Federation: takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies; determines the main directions of the state’s domestic and foreign policy; represents the Russian Federation domestically and in international relations.

President of the Russian Federation elected for four years by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot (at least 35 years of age, permanently residing in Russia for 10 years, at least 51% of the votes). Takes office 30 days after the official announcement of the election results. Inauguration - pronouncement of the oath, presentation of personal symbols (standard of the President - the state flag with the coat of arms), identification card, sign of the President (order ribbon of St. Andrew the First-Called, verbiage with the name of the President and the date of assumption of office, which consists of gold and enamel) Administration of the President of the Russian Federation - body providing assistance to the President of the Russian Federation. The same person cannot hold the position of President of the Russian Federation for more than two consecutive terms.

The President of the Russian Federation: a) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation; b) has the right to chair meetings of the Government of the Russian Federation; c) decides on the resignation of the Government of the Russian Federation; d) presents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; raises before the State Duma the question of dismissal of the Chairman of the Central Bank of the Russian Federation; e) at the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses the Deputy Chairman of the Government of the Russian Federation and federal ministers; f) presents to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation; submits to the Federation Council a proposal to dismiss the Prosecutor General of the Russian Federation from office; appoints judges of other federal courts; g) forms and heads the Security Council of the Russian Federation, the status of which is determined by federal law; h) approves the military doctrine of the Russian Federation; i) forms the Administration of the President of the Russian Federation; j) appoints and dismisses authorized representatives of the President of the Russian Federation; k) appoints and dismisses the high command of the Armed Forces of the Russian Federation; l) appoints and recalls, after consultations with the relevant committees or commissions of the chambers of the Federal Assembly, diplomatic representatives of the Russian Federation in foreign states and international organizations.

The President of the Russian Federation: a) calls elections of the State Duma in accordance with the Constitution of the Russian Federation and federal law; b) dissolves the State Duma in cases and in the manner provided for by the Constitution of the Russian Federation; c) calls a referendum in the manner established by federal constitutional law; d) introduces bills to the State Duma; e) signs and promulgates federal laws; f) addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state.

The President of the Russian Federation: a) manages the foreign policy of the Russian Federation; b) negotiates and signs international treaties of the Russian Federation; c) signs the instruments of ratification; d) accepts credentials and letters of recall from diplomatic representatives accredited to him.

The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. In the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation introduces martial law on the territory of the Russian Federation or in its individual localities with immediate notification of this to the Federation Council and the State Duma. The martial law regime is determined by federal constitutional law.

The President of the Russian Federation, under the circumstances and in the manner provided for by federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in its individual localities with immediate notification of this to the Federation Council and the State Duma.

The President of the Russian Federation: a) resolves issues of Russian citizenship and granting political asylum; b) awards state awards of the Russian Federation, conferred honorary titles of the Russian Federation, the highest military and highest special ranks; c) grants pardon.

The President of the Russian Federation issues decrees and orders. Decrees and orders of the President of the Russian Federation are mandatory for execution throughout the entire territory of the Russian Federation. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.

The President of the Russian Federation has immunity.

The President of the Russian Federation begins to exercise his powers from the moment he takes the oath and ceases to exercise them with the expiration of his term in office from the moment the newly elected President of the Russian Federation takes the oath.

The President of the Russian Federation terminates the exercise of powers ahead of schedule in the event of his resignation, persistent inability for health reasons to exercise his powers, or removal from office. At the same time, elections of the President of the Russian Federation must take place no later than three months from the date of early termination of the exercise of powers.

In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation. The acting President of the Russian Federation does not have the right to dissolve the State Duma, call a referendum, or make proposals for amendments and revisions to the provisions of the Constitution of the Russian Federation.

The President of the Russian Federation may be removed from office by the Federation Council only on the basis of a charge brought by the State Duma of treason or committing another serious crime, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and by the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges. The decision of the State Duma to bring charges and the decision of the Federation Council to remove the President from office must be adopted by two-thirds of the total votes in each chamber on the initiative of at least one third of the deputies of the State Duma and in the presence of the conclusion of a special commission formed by the State Duma. The decision of the Federation Council to remove the President of the Russian Federation from office must be made no later than three months after the State Duma brings charges against the President. If a decision by the Federation Council is not made within this period, the charge against the President is considered rejected.

The President of the Republic of Tatarstan is the head of state, the highest official of the Republic of Tatarstan (not younger than 30 years old, the candidacy is proposed by the President of the Russian Federation, appointed by the State Council of the Republic of Tatarstan)

The president(“sitting in front”, “at the head”) - the head of state in countries with a republican form of government. In parliamentary republics, the president is elected for a term established by the constitution either by parliament or by a special board, the basis of which is parliament.

In presidential republics, the president is elected extra-parliamentarily: through direct (Italy, Germany) or indirect (USA, Argentina) elections.

In presidential republics, the president has extensive actual powers, combining the functions of head of state and head of government.

The constitutions of parliamentary republics formally give the president broad powers, but in fact they are exercised by the prime minister.

The institution of the presidency is one of the fundamental elements of the political and state systems of many countries in the world, including our country.

The President is vested with broad and varied powers; he acts only within the framework of the federal executive power and, due to the constitutional principle of separation of powers, cannot single-handedly manage the entire state apparatus.

In Russia, where the Constitution was adopted with the active participation of the President - the leader, his significant personal power and independence were secured, with minor restrictions on his activities by the powers of parliament.

Article 80 of the Constitution of the Russian Federation defines the status of the President as the head of state; here it should be noted that, being called the head of state, the President may be a figurehead, but in Russia a different model was chosen - “presidency with tangible powers” ​​or the so-called “super presidency”, which is manifested in the following factors:

The powers of the President are derived from the people, the President is elected directly by the people, while in the United States elections of the President are held by an electoral college, and in Germany the Federal Assembly is convened to elect the President;

Only the President is vested with the task of ensuring the coordinated functioning and interaction of all other government bodies - both federal and constituent entities of the Russian Federation (Article 80, Article 85 of the Constitution of the Russian Federation). No other bodies have similar capabilities in relation to the President;

The President is generally independent from other government bodies. Parliamentary and judicial checks and balances on presidential power, and even more so control, are carried out to a minimum extent. In essence, we can talk about the absence of constitutional responsibility of the President, for example, the institution of removal of the President from office provided for by the Constitution is difficult to implement in practice;

The President has great powers in relation to parliament (messages to the Federal Assembly, introducing draft laws, dissolving the lower house of parliament - the State Duma, etc.). The government can well be called the government of the President.

Thus, the President is separated from the framework of the concept of separation of powers; he is above them, performing the role of a kind of arbiter, personifying state power itself.

The introduction of the “super presidency” in our country was due to the fact that the post of President was established during a period of high instability in society and internal political contradictions. The status of the President, enshrined in the Constitution, is of a strongly personal nature, which, when changing the head of state, can lead to an authoritarian regime; therefore, reform of the institution of the President is required, and first of all, this should be associated with the establishment of stricter control over the activities of the President and a detailed solution to the issue of his constitutional responsibility .

It can be said that under any model of the Presidency, the head of state has a special responsibility for maintaining the rule of law, harmony and stability in society. While remaining within the framework of constitutional and legal powers, the President can actively use the full potential of his post and effectively solve many problems of social development.

It seems that the place of the President of the Russian Federation in the unified system of executive power in the country and the state mechanism as a whole does not correspond to the approaches that have developed in the world:

Firstly, according to the Constitution of the Russian Federation, the head of state has enormous powers; some scientists believe that this allows Russia to be considered a “super-presidential” republic.

Secondly, the power of the President of Russia is actually not limited by the Federal Assembly due to the extremely complex and confusing procedure for removing him from office (Article 93 of the Constitution of the Russian Federation), which speaks to the presidential nature of the Russian republic.

Thirdly, since 2008, the significantly increased actual role of the Chairman of the Government of the Russian Federation in government and the emerging dualism in the public administration system allow us to speak of a prime ministerial-presidential type of division of power in our country.

Fourthly, the Constitution of Russia does not provide for the possibility of dissolving the upper house of the Federal Assembly of the Russian Federation (Federation Council), which allows us to speak about the presence of elements of a presidential-parliamentary type of state in Russia.

Constitutional powers of the President of the Russian Federation

For our country, the institution of the presidency is new. For the first time, the idea of ​​​​introducing the institution of presidency prevailed during the period of Soviet “perestroika”, when in 1990, by the decision of the Congress of People's Deputies, the post of President of the USSR was established. Soon after this, based on the results of an all-Russian referendum, a similar institution appeared in the RSFSR, which was still part of a single union state: on June 12, 1991, the first President of Russia was elected.

The establishment of the institution of presidency in the Russian Federation and the first popular election to this post under the 1993 Constitution consolidated the changed realities of the country's state structure and the modern mechanism of separation of powers. A feature of the form of government in the Russian Federation is that President of the Russian Federation, being the head of state, not part of the separation of powers system. Compared to all other higher institutions of state power and officials, he has a special status, competence and responsibility.

One of the most important tasks of its activities is to ensure the consolidation and coordination of the actions of all branches of government in Russia. To achieve this, he is endowed with constitutional powers in the legislative, executive and even judicial fields. All this makes the president a key figure in the power structures of the state.

Analysis constitutional powers of the President of the Russian Federation allows us to conclude that he has been granted extensive powers over the executive branch. The President of the Russian Federation indirectly (through the Chairman of the Government of the Russian Federation) approves the structure of federal executive bodies and forms the personal composition of their leaders.

Official imperative relations between the President of the Russian Federation and the Government of the Russian Federation obviously follows from a number of constitutional norms, in particular: a) from the exclusive powers to appoint, with the consent of the State Duma, the Chairman of the Government of the Russian Federation; b) the right to appoint and dismiss Deputy Prime Ministers of the Russian Federation, ministers and other heads of federal executive bodies; c) the right to chair meetings of the Government of the Russian Federation; d) the right to dismiss the Government of the Russian Federation.

Interaction of the President of the Russian Federation with Parliament, or rather with the chambers of the Federal Assembly of the Russian Federation, is not so categorical from the point of view of his powers of power. He has the right to dissolve not the entire parliament, but only one of its chambers - the State Duma, but he can use it only in cases and in the manner provided for by the Constitution (clause 6 of article 84, article 109, part 4 of article 111, Part 3, 4 Article 117). For a number of appointments of officials specified in the Constitution, the President of the Russian Federation is obliged to seek the consent of the relevant chamber of parliament. On his recommendation, the Chairman of the Government of the Russian Federation is appointed. The Chairman of the Central Bank - by the State Duma, the Prosecutor General and judges of the highest federal courts - by the Federation Council. He coordinates the appointment of extraordinary and plenipotentiary ambassadors of the Russian Federation with the State Duma committees on international affairs and geopolitics.

The President of the Russian Federation interacts with government bodies in different forms. Since 1994, annual messages from the President to the Federal Assembly have become traditional. He speaks at a joint meeting of the chambers of parliament with a message on the state of affairs in the country, in which he evaluates the actions of all branches of government, determines the main directions of state policy and priority tasks for their practical implementation. Along with this, the President of the Russian Federation can send his messages to parliament on specific issues. Budget messages from the President to the Government are also becoming traditional. In them, he defines current priorities in the budgetary sphere, conceptually outlining the main parameters that should guide the Government when drawing up the federal budget for the coming year.

For constant interaction of the President of the Russian Federation with government bodies, he appoints representatives in the State Duma and the Federation Council of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation, as well as in federal districts. He can appoint his representatives on special assignments related, for example, to the performance of his assignments in foreign affairs, diplomatic missions, etc.

Constitutional and legal status of the President of the Russian Federation

Constitutional and legal status of the President of the Russian Federation defined in Articles 80-93 of the Constitution of the Russian Federation. Its essence is revealed through the signs by which the President of the Russian Federation is characterized as:

head of state, which determines domestic and foreign policy, represents the country within the country and abroad (in international, interstate relations), resolves issues of citizenship and granting political asylum, awards state awards and honorary titles, carries out individual pardons;

guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms. In accordance with the established procedure, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies, introduces a state of emergency throughout the country or in certain areas, of which the parliament is notified;

supreme commander, responsible for the combat readiness of the Armed Forces of the Russian Federation. In this capacity, the President of the Russian Federation approves the military doctrine of the state, appoints and dismisses senior military leaders, assigns the highest military ranks, announces the conscription of Russian citizens for military service, and in the event of aggression against the Russian Federation or its immediate threat, introduces martial law throughout the Russian Federation or in certain localities with immediate notification to both Houses of Parliament;

subject legislative process – has the rights of legislative initiative and suspensive veto, signs and promulgates federal laws.

The status of the President of the Russian Federation as a guarantor of the constitutional order also determines his place in the system of separation of powers, checks and balances. He performs arbitrator between all branches of government. But this does not mean that he rises above them. The election of the President of Russia in general, direct and competitive elections gives him the political mandate to govern the country for a six-year term of constitutional powers. As a result of this, he receives the trust of society and is the most legally authoritative spokesman for the aggregate political interests, even without being a party president. The Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ “On changing the term of office of the President of the Russian Federation and the State Duma” increases the term of election of the State Duma and the President of the Russian Federation from 4 years to 5 years and 6 years, respectively.

Most of the functions of the President of the Russian Federation, stipulated by his constitutional powers, are implemented by him in the sphere of public administration. These are primarily issues of appointment of officials and management of the activities of the state apparatus. In addition, the President of the Russian Federation has the right to suspend acts of executive authorities of constituent entities of the Russian Federation in the event of their contradiction to the Constitution and legislation, international obligations of the Russian Federation, as well as in the event of violations by these acts of human and civil rights and freedoms until this issue is resolved by the appropriate court (Part 2 of Art. 85). He has the right to call elections to the State Duma and announce a referendum, through which there is a direct connection between civil society and the state. Presidential powers are largely exercised through the issuance of legal acts that are normative and non-normative in nature.

The institution of the presidency presupposes the presence of a well-functioning organizational and managerial structure of the working apparatus of presidential power, an effective procedure for making decisions and monitoring their implementation.

To ensure the activities of the President of the Russian Federation, the Constitution provides for his right to form Administration of the President of the Russian Federation, which is the executive apparatus that assists him in the exercise of constitutional powers. The regulations on the Administration of the President of the Russian Federation and the corresponding decrees define its main functions: organizational support for the activities of the President of the Russian Federation; information, consulting and analytical work; ensuring interaction with the Government, parliament, representative and executive authorities of the constituent entities of the federation, the activities of public advisory councils under the President of the Russian Federation; preparing decrees and orders issued by him, monitoring their implementation, organizing protocol events, communicating with the media, etc.

Among the powers of the President of the Russian Federation in the field of defense and foreign policy is the leadership of the Security Council of the Russian Federation, created in 1992 (clause “a” of Article 83 of the Constitution of the Russian Federation).

The Security Council of the Russian Federation has broad powers and in many ways unique capabilities. In essence, this body participates in the development of the state’s strategic course and is called upon to solve a number of interrelated tasks, including:

1) interdepartmental coordination between various structures in the process of conducting in-depth analytical research;

2) preparation of materials for making government decisions in the field of scientific and technological development and improvement of military-industrial potential;

3) development of targeted comprehensive programs for the development of leading sectors of the economy, strengthening the Armed Forces of the Russian Federation and law enforcement agencies;

4) improving measures to combat corruption, crime, terrorism and extremism;

5) development of activities in the field of international cooperation.

The President of the Russian Federation is elected by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.

Term of office of the President of the Russian Federation - six years. The Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ “On changing the term of office of the President of the Russian Federation and the State Duma” increases the term of election of the President of the Russian Federation from 4 to 6 years. The same person cannot be elected President of the Russian Federation for more than two consecutive terms. Presidential term limits are an important democratic achievement that prevents the usurpation of power by one person or group of people. In most democracies, the president is elected to a four- or five-year term and no more than two terms.

Constitutional requirements to the candidate for President of the Russian Federation:

presence of Russian citizenship;

reaching 35 years of age;

permanent residence in the Russian Federation for the last 10 years.

In world practice, more serious restrictions are known (for example, the requirement of citizenship by birth; language, educational, national and other barriers).

The President of the Russian Federation takes office six years from the date of assumption of office by the previous President. When holding early elections, as well as in the case of calling repeat elections by the day of expiration of six years - on the 30th day from the date of publication of the general election results.

The performance of duties begins from the moment of taking the oath, the text of which is approved by the Constitution of the Russian Federation. The oath is taken in a solemn atmosphere at a joint meeting of the chambers of the Federal Assembly in the presence of judges of the Constitutional Court. From this moment on, the powers of the previous head of state cease.

Institute of the Plenipotentiary Representative (Plenipotentiary Representative) of the President of the Russian Federation in the Federal District established by Decree of the President of the Russian Federation of May 13, 2000 No. 849 (as amended on October 5, 2004), which approved the Regulations on the Plenipotentiary Representative.

The plenipotentiary representative of the President of the Russian Federation in a federal district is an official who represents the President of the Russian Federation in the territory of the corresponding federal district and ensures the implementation of the constitutional powers of the President of the Russian Federation in the territory of the district.

Tasks of the Authorized Representative:

a) implementation of the main directions of the state’s domestic and foreign policy, determined by the President of the Russian Federation;

b) control over the implementation in the district of decisions of federal districts of state power;

c) ensuring the implementation of the personnel policy of the President of the Russian Federation in the district;

d) submitting reports to the President of the Russian Federation on ensuring national security in the district, the political, social and economic situation.

Main functions of the Authorized Representative:

a) coordination of draft decisions of federal authorities affecting the interests of the territories included in the district;

b) development of programs for the socio-economic development of territories;

c) approval of candidates for civil servant positions;

d) analysis of the effectiveness of law enforcement agencies;

e) sending relevant proposals to the President of the Russian Federation;

f) submitting proposals to the President of the Russian Federation to suspend the actions of executive authorities of constituent entities of the Russian Federation that contradict the Constitution of the Russian Federation, federal legislation and international obligations of the Russian Federation.

The authorized representative in the performance of his functions:

a) has the right of unhindered access to all objects located on the territory of the district;

b) forwards complaints and appeals from citizens living in the district to federal government bodies;

c) attracts employees of federal government bodies to conduct inspections on the territory of the district;

d) controls the implementation of federal programs and the use of federal property in the district;

e) requests the necessary information from the authorities of the constituent entities of the Russian Federation; if necessary, sends his deputies to participate in the work of state authorities and local governments located in the territory of the district;

f) submits proposals to federal government bodies to reward the heads of their territorial bodies or apply disciplinary measures to them;

g) exercises other powers in accordance with the law.

Plenipotentiary Representative of the President of the Russian Federation:

a) appointed to a position by the President of the Russian Federation on the proposal of the head of the Administration of the President of the Russian Federation for a period determined by the President of the Russian Federation, but not exceeding the term of office of the head of state;

b) directly reports to the President of the Russian Federation and is accountable to him.

Control questions

1. Who can act as head of state in countries with different forms of government?

2. Who can be elected President of the Russian Federation?

3. What is the procedure for electing the President of the Russian Federation?

4. What is the procedure for impeachment of the President of the Russian Federation?

5. What is the role of the President of the Russian Federation in the public administration system?

6. What are the functions of the President of the Russian Federation?

7. How can the powers of the President of the Russian Federation be classified?

8. What is the purpose of the Administration of the President of the Russian Federation?

9. What are the federal districts in Russia called? List the constituent entities of the federation.

10. What are the main tasks and functions of the Plenipotentiary Representative of the President of the Russian Federation in the federal district?

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

Introduction

2. Legal status of the President of the Russian Federation as head of state

3. Competencies of the President of the Russian Federation. Powers of the head of state in the sphere of exercising legislative, executive and judicial powers

3.4 Powers of the President in the field of foreign policy

3.5. Elections of the President of the Russian Federation. Termination of his powers

3.6. Termination of duties of the President

3.7. Constitutional system of the President of the Russian Federation

3.8 Main functions of the President of the Russian Federation

4. Institute of presidency in other countries

Conclusion

List of used literature

Introduction

president of russia

The relevance of the topic of the course work is that, considering the new Russian state from the point of view of the socio-political structure, we will classify it as one of the largest groups - modern Russia - a republic. Among them, it is traditional to distinguish presidential, parliamentary and semi-presidential (mixed) republics. According to the Constitution of the Russian Federation, adopted in 1993, the President, as an institution of state power, stands apart; he does not belong to any of the three branches of government. He stands above them, controls their activities and is generally endowed with very extensive powers. Strictly speaking, this is a separate government body. However, despite the very strong presidential power in Russia, our country is usually classified not as a presidential, but as a semi-presidential republic.

According to Art. 10 of the Constitution, state power in the Russian Federation is exercised on the basis of its division into legislative, executive and judicial branches. Bodies of all branches of government are independent. At the same time, the separation of powers not only does not exclude, but, on the contrary, provides for the coordination of the efforts of various branches of government and their interaction within the limits and forms established by the Constitution of the Russian Federation. The main role in ensuring interaction between authorities is assigned by the Constitution to the President, who, according to Part 2 of Art. 80 of the Constitution ensures the coordinated functioning and interaction of government bodies.

It should be noted once again that the modern government structure of the Russian Federation can be characterized as a presidential republic with exceptionally strong power and broad powers of the President. At the same time, the constitutional model of a presidential republic in the Russian Federation and the principles of interaction between authorities look in such a way that, through a system of “checks and balances,” it is ensured that the institution of the President does not develop into a regime, dictatorship, excessively strong personal power, uncontrollable by the people or capable of ignoring other branches of government in Russia . The problem is to fill this model with real social content and legally and actually guarantee society against authoritarianism and totalitarianism, which our country has already experienced once. The legal guarantees necessary for this are provided for in the current Constitution. No matter how broad the powers of the President are, they are not unlimited. These powers are closely related and intertwined with the powers of other federal government bodies, and the relations of the President and the legislative and executive bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation are characterized not only by rights, but also by mutual responsibility, accountability and control over each other.

In the Constitution of the Russian Federation, adopted in a referendum on December 12, 1993, the rights and freedoms of man and citizen are enshrined among the foundations of the constitutional system.

Ensuring the rights and freedoms of man and citizen in the Russian Federation is the most important priority task of a democratic and rule-of-law state, which is Russia, and first of all its head, the President of the Russian Federation, which remains to be clarified when writing the work.

For a comprehensive and complete disclosure of the topic of the course work, such normative sources are used as, first of all, the Constitution of the Russian Federation - the fundamental law of the state, as well as auxiliary acts - federal constitutional laws (on a referendum, on the constitutional court, on a state of emergency, on martial law and others), federal laws (on citizenship, on security, on the media and others), decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, international acts, as well as other documents that generally give an idea of ​​the role of the President of the Russian Federation in ensuring rights and freedoms of man and citizen.

However, the problem of the responsibility of the President of the Russian Federation for failure to ensure individual rights and freedoms remains controversial and requires detailed study.

This work has the following goals: firstly, to find out what the legal status of the head of state is, secondly, to define and classify the basic rights of man and citizen, thirdly, to determine the powers of the President of the Russian Federation in ensuring individual rights, and also limits of liability for failure to perform this function.

To achieve these goals, means and methods will be used, including the following:

1. Formal legal method, with the help of which I will try to define the basic concepts that I will use in my work; make an interpretation of their meaning; classify concepts; identify their characteristics.

2. Comparative legal method, in the implementation of which I will compare the laws and other legal acts used in the work, and determine general patterns and features.

3. A systematic method that will allow you to perceive the material under consideration as a single system, as well as identify and consider all kinds of connections in the problem under study.

4. Functional method, which allows us to determine the functions of various state and legal phenomena, the mechanisms of their mutual influence.

1. Institute of the presidency in the Russian Federation

1.1 The concept and essence of the presidency

The presidency is a relatively young, new and not yet fully established legal institution in Russian constitutional and political practice, especially if we consider it in comparison with the institution of the President of a number of foreign countries (USA, France, etc.), in which it has a fairly long history and an extensive practice history. At the same time, there is no doubt that it arouses keen interest, partly due to its novelty for our young state. There have been many studies devoted to it. Most likely, this topic claims to become one of the “eternal” ones in Russia. However, this did not make her extremely open and exhausted. There are enough problems, and they require further analytical development and detailed research by scientists, political scientists, historians and lawyers.

Over the past ten years, heated discussions and disputes have been going on around the institution of the presidency in the Russian Federation. And most often the controversy is about the scope of powers of the head of state and his place in the system of government bodies.

However, recent history has provided enough arguments to raise the question of abolishing this institution as a whole. And not only reality, but also the Russian Constitution itself, which came into force in December 1993.

Probably no one doubts that the state structure, the system of federal bodies of legislative, executive and judicial power are directly related to ensuring the normal functioning of a person, society, and state. We are talking not only about the functioning of power structures, in this case about their content, internal structures, about the sufficiency or, on the contrary, about the cumbersomeness and redundancy of public authorities. Power must be optimal, function reliably and not absorb its own society, as is happening now.

Article 1 of the Constitution of the Russian Federation proclaimed Russia a democratic federal legal state with a republican form of government. But proclaiming a “republican form of government” and declaring the state a matter of the people does not yet define the very essence of government. The Constitution does not give an unambiguous answer to the question of what kind of republic - parliamentary or presidential - is the Russian Federation? Most likely, it represents a symbiosis of two forms, and the symbiosis is unsuccessful. And judging by the enormous powers of the president, he is also an example of new authoritarianism, contrary to the basic principles of democracy.

Article 10 of the Constitution states that state power in the Russian Federation functions on the basis of division into legislative, executive and judicial, and the next article of the Constitution establishes that state power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (Federation Council and State Duma) , government of the Russian Federation, courts of the Russian Federation. As for the subjects of the country, state power in them is represented by government bodies formed by them.

The government structure of many countries around the world places the president in the executive branch and, thereby, eliminates emerging contradictions, the replacement of government structures by the presidential office, and at the same time makes power more optimal and reliable. However, in the Russian Federation, the president does not belong to any traditionally recognized branch of government, including the executive.

The president, thus, rises above them and represents a special form of government that is difficult to compatible with broad democracy.

But neither the creators of the Russian Constitution, nor science, and especially practice, have provided a convincing justification for the need to establish such a presidential government.

Let us recall that the presidents of first the USSR and then the Russian Federation, in accordance with the constitutions and other legislation, concentrated enormous political and, to a large extent, legislative power in their hands. This entailed a chain of negative processes. The presidency in the USSR ended with the collapse of the union state, which caused enormous damage to every newly formed independent state on its territory. The presidency in the Russian Federation intensified the erosion of the economic and defense power of the country, caused painful separatism not only in the outskirts, but also in the interior of the country, and other negative phenomena.

This was largely predetermined by the fact that it turned out to be much easier to manipulate the consciousness and behavior of individuals to cause damage to the country than to ensure the effective functioning of its general authorities.

Unfortunately, this is the latest historical experience. Is it worth continuing experiments with the presidency over the country and people after this?

Many say that it is worth it, because the Russian Empire, and then the Soviet Union, were accustomed to having either a monarch-tsar or a general secretary of the party. Without this, the country supposedly will not survive. It's just a matter of little things. We must find a worthy, intelligent, far-sighted, incorruptible candidate for the position of president, and all problems will be solved. This approach again contains a lot of subjective things and does not imply a system of objective measures that protect against arbitrariness and permissiveness of an individual endowed with enormous power.

Meanwhile, a comparison with a monarch or a general secretary is essentially incorrect. The institution of monarchy in Russia was determined by the dynastic right of inheritance, codified by Emperor Paul I and strictly observed until the abdication of Nicholas II in February 1917. This was already a definite limiter on the power of the emperor.

And with the Secretary General, everything was not quite as it has been written by supporters of “liberal pluralism without shores” for the last ten years. The party vertical and democratic centralism, of course, endowed the Secretary General with exceptional powers, but they were limited by the ideological and political doctrine of the party. Even M. Gorbachev was forced to perform unimaginable somersaults with “acceleration”, “socialism with a human face and even greater socialism” in order, in the end, to remove himself from party tutelage and give himself presidential powers. After which there was no union state, nor the president of the USSR himself. The Russian Federation should not repeat such a sad experience.

Unfortunately, there are prerequisites for this. The President of the Russian Federation has power that far exceeds the monarchy and the power of the Union President. To verify this, it is necessary to carefully study Chapter 4 of the Constitution of the Russian Federation, from which it follows that the head of state forms the government, is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, and forms and heads the Security Council. He can dissolve the State Duma, appoint judges, etc. At the same time, he determines the main directions of the state’s domestic and foreign policy, approves military doctrine, and resolves issues of war and peace.

In accordance with Article 104 of the country's Constitution, he is vested with the right of legislative initiative. He also signs and promulgates federal laws adopted by the Federal Assembly of the Russian Federation. In addition, the president introduced the practice of issuing his decrees in areas of public relations, which, undoubtedly, should be regulated by laws, and not regulations. Its practice clearly contradicts the provisions of Article 76 of the Constitution, which directly states that “on the subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws are adopted that have direct effect throughout the entire territory of the Russian Federation.”

It would seem that everything is absolutely clear. The President has the right to adopt decrees only within the framework of the powers that are assigned to him in Chapter 4 of the Basic Law of the country, relating to a specific situation, to facts determined by the Constitution and in relation to specific individuals. However, the president found clearly biased support from the Constitutional Court of the Russian Federation, which declared that the president has the right to issue decrees in the sphere of activity of the legislator if this sphere of public relations is not regulated by laws.

There has been a clear shift in the functions and powers of government bodies, a clear bias towards the concentration of enormous power in presidential hands. This alone poses a danger to Russian society.

In addition, it should be noted that the president, according to the Constitution, is not accountable not only to any government body, but also to the people. The law on referendum in the Russian Federation does not allow the issue of early termination of the powers of the president to be brought up for public discussion. But he can also be removed from office, as follows from Article 93 of the Constitution of the Russian Federation, only if he commits high treason or another serious crime, which is very difficult to prove under the existing system, and to be more precise, impossible. Under any other circumstances, including failure to fulfill his duties at all, he is invulnerable and inviolable.

There is another important aspect. Today, presidential structures in the federal center alone number more than 3 thousand employees at various levels. More money is spent on their maintenance than on the government. In violation of the Constitution, the second president of the Russian Federation divided the country into seven federal districts. He does not have the authority to establish new administrative-territorial entities with his own authorities, numbering more than two thousand additional employees. But even with this huge presidential army, the “reform” of the country actually failed.

Much can be explained by the fact that the presidential apparatus has actually become an unofficial government and replaced the constitutional cabinet of ministers of the Russian Federation. Two “governments”, two power verticals, with their far from peaceful coexistence, objectively create a situation of irresponsibility and chaos in the country.

Therefore, there is no need to talk about optimization and reliability of power. It has become bureaucratic and corrupt, requiring huge financial expenditures. The authorities increasingly oppose themselves to society and become a dangerous, heavy burden for it. In fact, according to available estimates, the number of officials in the Russian Federation significantly exceeded their number in the USSR.

There is also no doubt that the post of president in the Russian Federation, wedged between the Federal Assembly and the government, breaks the continuity in the development and implementation of a single line of legislator and executive in both the foreign and domestic policy of the state. This negatively affects the efficiency of all activities of government bodies.

The institution of the presidency, which arose first at the union and then at the federal level, caused a wave of legislative consolidation of the presidency in the republics that are part of the Russian Federation. The presidents who appeared in the constituent entities of the Federation immediately demanded for themselves an expanded scope of powers, which they used in the further “sovereignization” of the republics, right up to secession from the Russian Federation. If their ambitions, supported by statements that they are “chosen by the people,” continue to increase, then the question of the country’s unity will become one of the most pressing.

Here I would like to note one more feature of state building. In our opinion, the executive power should be formed not through elections, but on the basis of the principle of appointment, turnover and accountability of officials both horizontally and vertically. This would only strengthen the unity and territorial integrity of the country.

In addition, it must be added that the institution of elections as a way of forming government bodies has been significantly discredited by gross violations of election legislation and, first of all, by executive power structures and their officials. Falsification of voting results, bribery, and blackmail of voters have become commonplace in all election campaigns, including presidential ones.

We see the future of Russia in a parliamentary republic, when there is a strong legislator and an equally strong executive power controlled by him, when there is a stable balance between them, the presence of reasonable counterbalances and deterrence. This is the optimal way of state building without unjustified congestion of government bodies.

The first step in this direction should be a referendum on the abolition of the post of President of the Russian Federation. A referendum, in accordance with Article 3 of the Constitution of the Russian Federation, is “the highest direct expression of the power of the people.” The process is naturally complex, but it must be started.

There is no doubt that the positive results of the referendum will raise the question of the inevitability of the adoption of a new Constitution of the country, since almost half of the articles of the Basic Law contain references to the institution of the presidency.

However, this inevitability lies in a more important circumstance. We are talking about a referendum on the draft Constitution on December 12, 1993. It was carried out not according to the law on referendum, which was in force at that time, but according to the decree of the President of the Russian Federation, which contained other provisions. If we proceed from Article 35 of the RSFSR Law on the RSFSR referendum of October 16, 1990, then “the referendum is considered invalid if less than half of the citizens of the RSFSR who have the right to participate in the referendum took part in the voting.” And further in paragraph 4 of the same article of the Law it is written: “When holding a referendum on the adoption, amendment and addition of the Constitution of the RSFSR, decisions are considered adopted if more than half of the citizens of the RSFSR included in the lists to participate in the referendum voted for them.”

At the referendum on December 12, 1993, less than one third of the list of all voters in the Russian Federation voted for the proposed version of the Basic Law. Under such circumstances, it is unlikely that anyone can rightfully speak out for the full legitimacy of the Constitution. And if so, then we are conducting all state construction today on a shaky legal basis, which can always be blurred and called into question.

In addition, it should be noted that after the president issued decree No. 1400 “On step-by-step constitutional reform in the Russian Federation” on September 21, 1993, due to its unconstitutionality, B. Yeltsin, in accordance with Art. 1216 of the former Constitution of the Russian Federation in September 1993, he was removed from his position. And until the next presidential elections in 1996, the Russian Federation did not have a legitimate head of state. The illegitimate president submitted the draft Constitution of the country to a referendum on December 12, 1993. This only strengthens our doubts about the reliability of the legal and political basis of the current state structure, about the need to abolish the institution of the presidency in the country.

1.2 The Institute of the Presidency in the Russian Federation

Concept and legal consolidation The presidency is a fundamentally new state institution in Russia, which made significant changes to the previous Soviet form of organization of power existing at the time of its establishment. In 1990-1991, the post of President of the USSR was secured, and presidents appeared in the republics of the former Union. In 1991, the post of President of the Russian Federation was established; the creation of this institution was motivated by the need to strengthen executive power. The Russian state has taken an important step towards changing the form of the state. Presidential power was called upon to establish effective government administration and implementation of laws. Its certain independence in relation to representative bodies and its strengthening with the help of a unified system of executive power were supposed to ensure the stability of the system of managing society, a prerequisite for stabilizing the situation in the country.

The establishment of the presidency took place against the backdrop of a deepening economic and political crisis, aggravation of interethnic relations, in conditions of weakening executive power and its unity. The implementation of laws was difficult, the necessary measures for their implementation were not taken by government bodies, and the inconsistency between union and republican legislation increased. In addition, representative bodies failed to form effectively functioning government bodies and ensure proper interaction with them. Without interfering with their operational activities.

When creating the institution of the presidency in Russia, foreign experience was used. This institution is widespread throughout the world, having noticeable features in different countries. In some states, the president heads the state, as well as the government, the executive branch, and actually plays a leading role in governing the country, having a large amount of rights. In others, these are parliamentary republics, the presidency is largely a formal structure. In this case, the real functions of management are performed by the government, and its head occupies the first place in the system of executive power. In world practice, there is a combination of features of parliamentary and presidential republics, mixed forms of government, which influenced the design of the institution of the presidency in Russia.

Finally, the president himself is elected differently. His popular election is usually characteristic of those countries where real executive power is concentrated in the hands of the president; in any case, there he, as a rule, plays a significant role in the state. When organizing presidential power in the Russian Federation, the experience of different states was used, but naturally, in the Russian Federation it has its own characteristics.

Despite the historically short period of its existence, the domestic institution of presidency has undergone noticeable changes. The status of the President of the Russian Federation under the Constitution of the Russian Federation of 1993 differs markedly from the legal status of the President, enshrined in 1991. At that time, the President of the Russian Federation was viewed as the head of the executive branch, in charge of the Government, accountable and accountable not only to him, but also to the federal legislative bodies. He was endowed with the right of veto, which, however, was easily overcome by a simple majority of votes of the Supreme Council, and in relation to acts of the Congress of People's Deputies of the Russian Federation he did not have such a right. The organization of power was a conglomerate of features of the presidential, mixed, and Soviet forms of government; The principle of separation of powers was implemented inconsistently. The Constitution retained provisions on the full power of the highest representative body; provisions on the administrative powers of legislative bodies remained its comprehensive competence, which, of course, influenced the legal status of the head of the executive branch.

The adoption of the Constitution of the Russian Federation of 1993 meant the beginning of a new stage in the development of presidential power in the Russian Federation. It is now based on a different concept, mainly characteristic of a mixed form of government with a predominance of presidential elements. The legislative body acquired the features of a parliament operating in a regime of separation of powers. Major changes and innovations have been made to the legal status of the President of the Russian Federation, it has been strengthened.

1.3 Formation of the institution of the President in the Russian Federation

The establishment of the post of President in the system of state power of the Russian Federation has significantly increased attention in our society to the institution of the presidency. The introduction of this institution opened a new stage in the development of Russian statehood.

The term "president" comes from the Latin Praesidens, which literally means "one who sits in front." In the modern sense, the president is the sole head of state, receiving his powers through elections. The historical roots of the institution of the presidency go back to the old Roman extraordinary magistracy, created in case of emergency dangers threatening the existence of the state.

In the 20th century, such enormous upheavals as revolutions, world wars, and the collapse of colonies led to the formation of many independent states, and in most of them the post of president was established. There are currently about 150 countries in which the head of state is the president.

When preparing the 1962 Constitution, N.S. Khrushchev proposed establishing the post of president. A Constitutional Commission was created, which prepared the corresponding chapter in the draft Basic Law. However, things didn't go any further. Khrushchev resigned and the work of the Constitutional Commission was interrupted.

Since the mid-70s, the issue of the presidency was again discussed during the preparation of the Constitution. But the prepared draft of the Constitution did not provide for this position.

The first real steps in this direction were made soon after the arrival of M.S. Gorbachev to power. During the preparation for the X!X All-Union Party Conference and during it (June-July 1998), the issue of introducing the post of President of the USSR was discussed, but another position was designed - Chairman of the Supreme Soviet of the USSR and the candidacy of the General Secretary of the CPSU Central Committee M. was nominated for election to it. WITH. Gorbachev. Only at the Third Congress of People's Deputies of the USSR (March 1990) was the post of President of the USSR established.

As you can see, the process of establishing the institution of presidency in our country dragged on for decades. This is due to reasons of both ideological and political nature. Firstly, presidential power presupposes recognition of the principle of separation of powers. In our country, it was enshrined in the Basic Law, but was not in effect, since the principle of the absolute power of the Soviets was declared. Secondly, the cult of personality and the exaltation of leadership during the years of stagnation formed in the minds of people a negative attitude towards any individual power, especially in its highest echelons.

With the establishment of the post of President of the USSR, many pinned hopes for an accelerated solution to pressing problems. However, not only were they not confirmed, but on the contrary, society faced great difficulties. Doubts also arose about the appropriateness of the functioning of this institution of power. With the collapse of the USSR, the institution of presidency at the union level ceased to exist. But the introduction of presidential power was not limited to the union scale; the posts of presidents were introduced in the union republics, including the post of president in the Russian Federation. Kuznetsov E.L. From the history of the creation of the institution of the USSR Presidency // State and Law. 2003. No. 5. P. 96-103.

In the Russian Federation, the institution of the presidency was established based on the results of a popular vote held on March 17, 1991. The status of the President was determined by the Law “On the Presidency in the RSFSR” of April 24, 1991 No. 1098-1, the main provisions of which were then included in the text of the Constitution of the Russian Federation of 1993 . Lazarev B.M. On changes in the legal status of the President of the USSR // Soviet State and Law. 2003. No. 8. P. 34-36.

2. P legal status of the President of the Russian Federation as head of state

2.1 Legal status of the President of the Russian Federation

The implementation of the principle of separation of powers in the Russian Constitution does not mean multiple powers. Power is initially united, since its only source, according to Art. 3 of the Constitution, is the multinational people of the Russian Federation. Chapters devoted to the three branches of government are preceded by Chapter 4, “The President of the Russian Federation.” This chapter begins the presentation in the Constitution of the system of state bodies of the Russian Federation, which is also explained, among other things, by the special importance of the President in the organization of state power.

The President of the Russian Federation occupies a special position in the system of federal government bodies. The Constitution entrusts him with the task of ensuring the unity of state power exercised by the legislative, executive and judicial bodies. It is the President who ensures the coordinated functioning and interaction of government bodies, although he himself does not directly belong to any of the three branches of government. This is, in particular, the meaning of the provision contained in the Constitution (Article 80): “The President is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen,” as well as the fact that the President establishes the main directions of state policy.

Providing and directing the activities of all state bodies of the Russian Federation and performing the function of coordinating them, the President acts only within the limits established by the Constitution of the Russian Federation, in the same way as all other federal government bodies independently carry out their constitutional functions

The legal position of the President is characterized primarily by the fact that he is the head of state. The President is the first among government officials, the only one who is elected by the entire electoral corps of the Russian Federation. He represents the Russian Federation domestically and in international relations. This means that his statements, his shares do not require any certification or any special powers.

The President always acts ex officio, i.e. based on fact. That he is the head of a sovereign state (See Commentary on the Constitution of the Russian Federation, Chapter 4).

The President, as head of state, has the right to address messages to the federal legislative body, the right of legislative initiative and suspensive veto. In case of disagreement with the law, the President may reject it and send it for new consideration to the chambers of the Federal Assembly. This right of the President does not apply to federal constitutional laws and laws that have been re-approved in a previously adopted version.

The most important functions of the President are related to the executive branch. Some of them are carried out by him personally:

foreign policy leadership,

Implementation of the functions of the Commander-in-Chief of the Armed Forces,

Part relates to the executive branch. The president:

has a decisive influence on the formation and resignation of the Government,

has the right to preside at Government meetings.

The concept of presidential power adopted in the current Constitution of the Russian Federation differs significantly from that implemented in the previous Constitution. The President ceased to be the head of the executive branch. According to Art. 110 of the Constitution, executive power is now exercised by the Government of the Russian Federation. The Prime Minister, not the President, determines the main directions of the Government’s activities and organizes its work. The powers of the President are aimed primarily at ensuring coordinated interaction of all branches of government of the Russian Federation, strict adherence to the Constitution of the Russian Federation, protection of human and civil rights and freedoms, and protection of state sovereignty.

2.2 Factors reflecting the position of the Russian president

The President is elected by the people, therefore, his powers are derived from the people, who entrust the President with the highest state functions. So, according to Art. 81 of the Constitution of the Russian Federation, the President is elected by all citizens of Russia who have active voting rights in general elections. Because of this, he receives a mandate of trust not from parliament, such as in Germany or Italy, but from the entire population of Russia.

According to the constitutional model, the President in Russia is not part of the system of separation of powers, but stands above all branches of government. This is clearly seen from a comparison of a number of norms. According to Art. 10 of the Constitution, state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, and the courts of the Russian Federation (Article 11). Thus, the President also exercises state power. But which of the three? Legislative power is exercised by the parliament (Article 94 of the Constitution), the executive power of the Russian Federation is exercised by the Government of the Russian Federation (Article 110), judicial power belongs to the courts (Chapter 7 of the Constitution). It remains to conclude that the President has his own independent form of power, which some researchers have dubbed presidential power.

The President is given the task of ensuring the coordinated functioning and interaction of all other government bodies - both federal and constituent entities of the Russian Federation (Articles 80, 85 of the Constitution). No other bodies have similar capabilities in relation to the President.

4. The President is generally independent from other government bodies. In essence, we can talk about the absence of constitutional responsibility of the President. If we imagine that the President of the Russian Federation will commit high treason or another serious crime that serves as the basis for his removal from office (Article 93 of the Constitution), such removal will be very problematic, since the Constitution does not provide for the responsibility of the President for a gross violation of not only the Constitution itself, but both laws and the presidential oath. Although formally the Russian parliament, represented by its chambers, on the basis of Art. Art. 93, 102 of the Constitution can remove the President from office.

5. The powers of the President himself, especially in relation to parliament, are very impressive: starting from messages to the Federal Assembly, introducing draft laws that can be determined by the President as a priority, veto rights, proposing candidates for officials appointed by the chambers, and ending with the right to dissolve the lower chamber - the State Duma and the appointment of early parliamentary elections (Articles 84, 111, 117). In the upper house - the Federation Council - the President has a strong “lobby” in the form of half of its members. These are the heads of executive authorities of the constituent entities of the Russian Federation, who were previously in the majority appointed by the President of the Russian Federation, are now elected by the population, but are still somehow connected with the Government of the Russian Federation and the President of the Russian Federation.

6. According to the existing structure, the President has the right to his own lawmaking, that is, to adopt acts (decrees and orders), which, in the absence of laws, regulate social relations on an equal basis with them and are valid until the relevant laws are adopted. According to Art. 90 of the Constitution, the President of the Russian Federation issues decrees and orders that are binding throughout Russia. Neither the Federation Council nor the State Duma has the right to cancel them. But these decrees and orders cannot contradict the Constitution and federal laws. If such a contradiction is discovered, the Constitutional Court is authorized to annul the normative decrees of the President if it considers that they do not comply with the Constitution of the Russian Federation.

7.According to Art. 86 of the Constitution, the President manages foreign policy, negotiates and signs international treaties and ratifications. However, these treaties do not come into force without their ratification by parliament through the adoption of laws by both chambers (Article 106 of the Constitution of the Russian Federation). In accordance with the Presidential Decree, the Foreign Policy Council under the President of the Russian Federation operates under the leadership of the President of Russia. The Council is a coordinating body that carries out preliminary consideration and interdepartmental study of foreign policy issues, as well as the preparation of relevant proposals for the President of the Russian Federation. The President of the Russian Federation conducts negotiations on foreign policy issues. The President's active participation in the negotiations is evidenced by his almost regular meetings with the leaders of leading foreign states, participation in the most important international forums, personal participation in negotiations, and participation in the most important international diplomatic forums. Thus, at one of the last meetings - a meeting between President V. Putin and British Prime Minister Tony Blair, issues of economic cooperation between Russia and Great Britain, the problem of Kaliningrad, the anti-terrorist operation in Chechnya, and relations with Georgia were discussed.

The President’s personal participation in the implementation of foreign policy functions is also manifested in his signing of international treaties of the Russian Federation, which, in accordance with Art. 15 of the Constitution, an integral part of the Russian legal system. The leadership of foreign policy by the President of the Russian Federation is largely carried out through the federal Ministry of Foreign Affairs, which is subordinate to the President on issues enshrined in the Constitution and legislative acts.

8. The Government of the Russian Federation can well be called the Government of the President of the Russian Federation, since the President completely forms it, directs its activities and has the right to dismiss at any time (Articles 83, 111), although in order to appoint the Chairman of the Government the President needs the consent of the State Duma (Article 103, 111). According to Art. 117 The Duma may also express no confidence in the Government, in connection with which the President is faced with a dilemma - to announce the resignation of the Government or to disagree with the decision of the State Duma. If the chamber repeatedly expresses no confidence in the Government within three months, the President is obliged to either resign the Government or dissolve the State Duma (Part 3 of Article 117 of the Constitution of the Russian Federation). At the same time, it should be noted that a number of members of the Government holding key positions work under the direct supervision of the President (ministers of foreign affairs, defense, internal affairs, etc.), the President also establishes the entire system of federal executive authorities.

9. There is a vertical executive branch in the country, which includes all structures from top to bottom (or vice versa). The President of the Russian Federation can be considered the top of this pyramid. It has its authorized representatives in the constituent entities of the Russian Federation.

10. In accordance with Art. 87 of the Constitution, the President is the Supreme Commander-in-Chief of the Armed Forces. The President exclusively has the right to approve the military doctrine of the Russian Federation, to appoint and dismiss the high command of the Armed Forces of the Russian Federation (Article 83). However, he is obliged (Part 2 of Article 87) in the event of the sole introduction of martial law, to immediately inform the Federation Council and the State Duma about this. He does not have the right to declare war and make peace. This is the exclusive competence of the Federation Council (Article 106).

In accordance with the Federal Law “On Defense” (Rossiyskaya Gazeta dated June 10, 1996), the President approves the concept and construction plans, plans for the use of the Armed Forces of the Russian Federation, mobilization plans for the economy, as well as the preparation and accumulation of mobilization reserves and operational equipment of the country’s territory in interests of defense.

11. The President is vested with the right to introduce a state of emergency throughout the entire territory of the Russian Federation (Article 88 of the Constitution). Decrees introducing a state of emergency must be approved by the Federation Council. The procedure for approving a decree on a state of emergency is similar to the procedure for approving a decree introducing martial law, although the legal nature of these decrees is different.

To issue a decree on the introduction of martial law, no preliminary appeals are required in connection with the need to introduce martial law.

Meanwhile, in accordance with Art. 7 of the Law “On State of Emergency” before the introduction of a state of emergency on the grounds specified in paragraph “a” of Art. 4 of this Law, it is necessary to contact groups of persons, organizations, institutions that are initiators or participants in actions that serve as the basis for introducing a state of emergency, with a warning and a demand to stop illegal actions within the period established in the appeal. If the mentioned persons, organizations and institutions do not comply with the demand addressed to them and they continue illegal actions after the expiration of the established period, a state of emergency may be introduced.

The President takes measures to notify the UN Secretary General of restrictions on the rights and freedoms of citizens. This rule is in accordance with the international legal obligations of the Russian Federation arising from the International Covenant on Civil and Political Rights of December 16, 1966.

12. The President has powers in relation to an individual - a citizen of the Russian Federation, a foreign citizen, a stateless person (Article 89 of the Constitution).

The President makes decisions on the following issues: admission to Russian citizenship of foreign citizens, the former USSR and stateless persons; restoration of Russian citizenship; permission to renounce Russian citizenship; allowing a Russian citizen to simultaneously have citizenship of another state; cancellation of the decision on admission to Russian citizenship; granting honorary citizenship. In the exercise of these powers, the President issues decrees. Decree of the President of the Russian Federation No. 449 of April 24, 1998 (with additions dated May 17, 20000) approved the Regulations on the Office of the President of the Russian Federation on Citizenship Issues. The said Department in its activities is guided by the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, as well as the said Regulations.

The competence of the President of Russia also includes resolving issues of granting political asylum to foreign citizens and stateless persons. Making a decision on granting political asylum is the prerogative of the President of Russia. The regulation “on the procedure for granting political asylum” in the Russian Federation was approved by the Presidential Decree of July 26, 1995 (See SZ RF. 1995. No. 31. Art. 3095). The granting of political asylum is carried out by presidential decree after receipt and consideration of a written application addressed to the President. The President has the right to deprive political asylum of a person who received it for reasons of state security, or in other cases specified in the Regulations on the procedure for granting political asylum.

The President’s authority to award state awards of the Russian Federation is established by paragraph “b” of Art. 89 of the Constitution.

It should be noted that in general, issues of state awards of the Russian Federation are covered by paragraph “c” of Art. 71 of the Constitution to the jurisdiction of the Russian Federation. However, there is no Federal Law on state awards of the Russian Federation. These issues are regulated by the Regulations on State Awards of the Russian Federation, approved by the Presidential Decree of June 1, 1995 (SZ RF. No. 23. Art. 2207).

State awards of the Russian Federation are presented by the President of Russia. On behalf of the President, awards can be presented by: heads of federal government bodies, ambassadors of the Russian Federation, military leaders and other persons.

Deprivation of state awards can only be carried out by the President of Russia upon the recommendation of the court in the event of conviction of the recipient for a serious crime. The President, as head of state, has the right to pardon. It is carried out by presidential decrees in relation to individually designated persons.

3. Competencies of the President of the Russian Federation. Powers of the head of state in the sphere of exercising legislative, executive and judicial powers

3.1 President of the Russian Federation and the Federal Assembly

The powers of the President related to the activities of parliament are contained in Art. 84 of the Constitution of the Russian Federation.

According to paragraph “a”, the President calls elections of the State Duma in connection with the expiration of its term of office provided for by the Constitution, or in connection with its dissolution. The election procedure is established by the federal election law.

In accordance with paragraph “b”, the President dissolves the State Duma, but only in cases precisely established by the Constitution. Dissolution is possible if: the State Duma, by a majority of the total number of deputies, three times rejects the candidates submitted by the President for the post of Chairman of the Government of the Russian Federation (each candidacy must be considered by the Duma within a week); The State Duma will repeatedly express no confidence in the Government within three months (a one-time expression of no confidence cannot lead to the dissolution of the Duma).

According to paragraph “d”, the President introduces bills to the State Duma. In accordance with the practice of many countries, the legislative initiative of the President has a special character: unlike other entities with the right of legislative initiative, presidential bills are considered out of turn.

Within 14 days, the President signs and promulgates (promulgates) federal laws, i.e. laws in force throughout Russia (clause “d”), the law does not come into force without the signature of the President. The President is obliged to sign the law even if he is unwilling to do so, when the presidential veto is overridden by a qualified majority (two-thirds) of the total number of members of the Federation Council and deputies of the State Duma. In this case, by signing the law, the president certifies its authenticity. He is obliged to publish such a law within seven days.

Annual messages on the main directions of the state’s foreign and domestic policy (clause “e”), with which the President addresses the Federal Assembly, are considered at a joint meeting of the chambers of parliament (usually the chambers sit separately). President of the Russian Federation and Parliament //State and Law. 2005 no. 10.

3.2 The President of the Russian Federation and the Government of the Russian Federation

According to paragraph “a” of Art. 83 of the Constitution of the Russian Federation, the President appoints the Chairman of the Government of the Russian Federation. Before the act of appointment, he must obtain the consent of the State Duma.

The President has the right, at his own discretion, to chair meetings of the Government, thereby occupying the place of the Chairman of the Government (clause “b”). This practice existed in the Russian Federation, and it exists in foreign countries. At these meetings, the most important issues of public life are discussed.

The decision to resign the Government of the Russian Federation, in accordance with paragraph “c”, can be made by the President in three cases: at his own discretion, in the event of the Government submitting a letter of resignation, in the event of an expression of no confidence in the Government by the State Duma.

The President appoints and dismisses Deputy Prime Ministers and federal ministers without the participation of any other body, but does this only at the proposal of the Chairman of the Government (clause “d”).

3.3 President of the Russian Federation and constituent entities of the Russian Federation

Conciliation procedures that the President has the right to use in the event of the occurrences mentioned in Part 1 of Art. 85 of the Constitution, disagreements can be expressed in joint discussion of controversial issues, in proposing compromise options, in search of consensus in order to find a mutually acceptable option. If an agreed solution is not found, the President, on his own initiative, may refer the resolution of the dispute to the appropriate court. As a rule, this is the Constitutional Court of the Russian Federation, but by agreement of the parties in the event of a dispute between the constituent entities of the Federation, for example, the form of an arbitration court can be chosen. In any case, however, transfer of the case to an international court is excluded, since we are talking about internal issues of the life of the state.

If acts of the executive authorities of the constituent entities of the Federation contradict the Constitution of Russia, Federal laws, international obligations of the Russian Federation, and also violate the rights and freedoms of man and citizen, the President of Russia has the right to suspend the operation of such acts. We are talking, first of all, about acts of governments (and similar bodies) of the constituent entities of the Federation, as well as heads of administrations. The President does not have such powers in relation to acts of legislative bodies of the constituent entities of the Federation. As for the acts of presidents that exist in some subjects of the Federation, the exercise of this power of the President of Russia depends on whether or not the presidents of the subjects of the Federation are considered by the constitutions of the republics as bearers of executive power. The President only suspends the effect of the mentioned acts of the subjects of the Federation. The relevant court finally decides this issue (i.e. restores the validity of the contested act or recognizes the act as having finally lost force). Such a court may be the Constitutional Court of the Russian Federation, but the President can also appeal to the constitutional control body of the subject of the Federation whose executive power issued the contested act.

In accordance with the principle of separation of powers and independence of judges, the President has no right to interfere in the activities of the judiciary. He only participates in the formation of judicial authorities, and then together with the Federation Council.

Similar documents

The history of the emergence of the institution of the Presidency. General characteristics of the institution of head of state in the USA, France and Germany. Constitutional and legal foundations of the status of the President of the Russian Federation. The procedure for electing the head of state of the Russian Federation. Powers of the President.

course work, added 01/29/2011


Competence and powers of the President of the Russian Federation in the field of domestic policy. The powers of the Head of State in the sphere of exercising executive, legislative and judicial power, foreign policy and defense, and issuing regulations.

course work, added 11/24/2010


The evolution of the institution of presidency in the Russian Federation. Constitutional functions and powers of the President of the Russian Federation. The election system and the procedure for taking office as head of state. Development of proposals to improve the presidential election system.

course work, added 10/06/2014


The institution of the head of state in the countries of the modern world. Constitutional and legal foundations of the status of the President of the Russian Federation, his powers and forms of interaction with the Government of the Russian Federation. The main functions of the Presidential Administration and the State Council.

course work, added 12/18/2013


Legal status of the President of the Russian Federation. Formation and development of the institution of presidency in Russia. Main functions of the President of the Russian Federation. Termination of powers of the President of the Russian Federation.

course work, added 02/09/2007


The position of the head of state and his actual role in the life of the country. Constitutional status of the President of the Russian Federation. The main functions of the President of the Russian Federation as head of state. Competence of the President of the Russian Federation. Legal acts and administration of the President of the Russian Federation.

course work, added 01/29/2010


Studying the history of the formation and development of the institution of the presidency in Russia. The procedure for elections, accession and removal from office of the President of the Russian Federation. The President exercises legislative power. Powers of the President in the sphere of executive and judicial power.

course work, added 10/29/2016


The scope and reflection in the Constitution of the President’s competence in the field of domestic and foreign policy. Activities of the head of state in the field of legislative and judicial power, security and defense of the country, awarding state awards and pardons.

course work, added 12/12/2016


The essence and stages of development of the institution of the presidency of the Russian Federation. Regulatory legal acts regulating the status of the President, his duties and powers. Competencies and degree of participation of the head of state in the activities of branches of government.

abstract, added 04/13/2016


Constitutional and legal status and powers of the President of the Russian Federation, the procedure for his election and termination of his powers. Problems of implementing the principle of separation of powers in the Constitution of the state. The role of the head of state of the United States of America.

The term "president" comes from the Latin présidens, which literally means "the one sitting in front." Apparently, in ancient times, presidents were those who presided over various meetings. From this original meaning of the word "president" subsequently arose such positions as, for example, president of the Senate. However, in its current understanding as a head of state, the term "president" was not used either during the Greek and Roman republics, or during the early bourgeois republics of England and the Netherlands. Thus, in England, which briefly became a republic, executive power was initially exercised by the Council of State instead of the deposed monarch. In the Netherlands, the highest collegial body also had the powers of the executive branch.

The process of forming the executive branch in the United States of America initially took place in line with European republican practice. At the first stage of American statehood, not only legislative, but also executive power was concentrated in one representative body - the Continental Congress. There was no single head of state at that time, and the Congress elected a president from among its members, whose functions were limited only to presiding over meetings.

Very soon, the majority of political figures in the young American republic came to the conclusion that Congress was ineffective in executing laws and that it was necessary to separate the legislative and executive powers. At the same time, the delegates to the Constitutional Convention, who met in Philadelphia in 1787 to adopt the federal US Constitution, made a historic choice between a monarchy and a republic. Most Americans, having just ended the reign of the British monarchy, were strongly opposed to creating a supreme executive power in the person of a monarch, even with limited powers. Because of this, the search for the formation of the most acceptable form of executive power began at the convention on the basis of republicanism, which provided for the election of all officials.

After much debate among the framers of the American Constitution, the prevailing idea was that the highest executive power should be united, i.e. concentrated in the hands of one rather than several officials. Thus, the principle of unity of command was initially established in the construction of the US federal executive power. The head of the federal executive branch of the country began to be called, according to the Constitution, the President of the United States of America. This designation of the head of state was due not only to the fact that the president was associated with the republican form of government, but also to the fact that in a number of American states at that time the heads of the executive branch were called presidents, not governors.

As a result, the United States became the first country in the world to create the position of president, combining the head of state and head of government in one person. In addition, it was in the United States that the institution of the presidency emerged as one of the most important institutions of the political system. Unlike other states of that time, where the executive power was everywhere of a monarchical, hereditary nature, in the United States the head of state began to be elected in general elections.

Latin American countries were the first to follow the example of the United States in establishing a presidential system of government. Already in the first half of the 19th century, under the influence of a powerful northern neighbor, the post of president was established in many South American countries. In Europe, Great Britain became the standard of government, and in a number of European countries a parliamentary, or cabinet, system of government was established, in which the monarch remained the head of state, but executive power was exercised by the prime minister and his cabinet, and the government became responsible to parliament. The first European countries where the position of president as head of state was introduced were two republics in 1848 - France and Switzerland. In addition to them, other European states (not to mention Asia and Africa) until the end of the 19th century. remained monarchies.

In the 20th century, such enormous upheavals as revolutions, world wars, and the collapse of colonial empires led to the formation of many new independent states. Not all of them became presidential republics, but the vast majority of them established the post of president of the country. Thus, in Europe, after the end of the First World War, presidents became the highest officials in Austria, the Weimar Republic, Czechoslovakia, Poland, Estonia, Lithuania, Latvia, and Turkey. In the 30s and 40s, the institution of the presidency began to spread in Asia; it was introduced by the Philippines, Syria, and Lebanon. After the Second World War, the number of Western European states led by presidents included Italy, Greece, Portugal, Iceland and Malta. In Asia, the post of president was established in South Korea, South Vietnam, Taiwan, India, Pakistan, Bangladesh, Iraq, Iran, and Afghanistan.

In the Russian Federation, the institution of the presidency was established based on the results of a popular vote (referendum) held on March 17, 1991. The status of the President of the RSFSR was determined by a special Law “On the President of the RSFSR,” the main provisions of which were then included in the text of the Constitution of the RSFSR. Currently, the procedure for election, competence and grounds for termination of powers of the President of the Russian Federation are regulated by Chapter. 4 of the 1993 Constitution. The Constitution does not provide for the adoption of a separate law on the President, however, some issues of his status and the activities of the apparatus of the head of state are regulated by special regulations (legislation on elections, on government bodies).

At the same time, the main role in regulating and organizing the activities of the institution of presidency is played by the acts of the President of the Russian Federation himself. This circumstance is hardly justified, since the main regulator in this area should be the law.

The establishment of the post of President in Russia was determined by a number of objective and subjective factors, the tasks of strengthening executive power, increasing its mobility and efficiency in making management decisions, improving the mechanism for implementing laws, strengthening state discipline, law and order. The introduction of this post also made it possible to put an end to the artificial combination, within the framework of the status of the former Chairman of the Supreme Soviet of the RSFSR, of the powers of the head of state with the rights of the Speaker of Parliament, which clearly contradicted the principle of separation of powers. The establishment of this position in the USSR in 1990 also had a certain influence on the emergence of the institution of the presidency in Russia. In turn, the establishment of the post of President of Russia entailed the emergence of this institution of power in most of the republics within the Russian Federation.

The legal status of the President of Russia is based on taking into account world experience in the organization of presidential power. Like many other countries that have the institution of the presidency, Russia uses the right of suspensive veto, which gives the head of state the opportunity not to sign the law, but to submit it for reconsideration by parliament.

The impeachment procedure contained in the Constitution of the Russian Federation - the removal of the President from office, the institution of addressing a message to parliament, etc. - were adopted from foreign experience. At the same time, the structure of presidential power reflects the Russian conditions of political life and does not give grounds to talk about mechanical copying of the experience of any country.

The most important features of the organization of the institution of presidency in the Russian Federation are enshrined in its Constitution.

1. The Russian design of presidential power combines the features of various classical models of the institution of presidency.

In a number of main positions, the Russian model, of course, gravitates towards a purely presidential republic. Its main feature is control over the formation and activities of the government and its leadership. The US Constitution, for example, does not provide for government as a separate executive branch. Its functions are performed by the presidential administration.

In the Constitution of the Russian Federation, the President is characterized as the head of state (Part 1 of Article 80), he determines the structure of the Government, appoints and dismisses its Members, and decides on his resignation. The appointment of the Chairman of the Government is carried out with the consent of the State Duma, but even here the final word remains with the President.

However, it would not be entirely justified to talk about full compliance with the Russian model of organizing the power of a pure presidential republic. In Russia (unlike the USA and other presidential republics), the head of state is not at the same time the head of government, and the right to preside over its meetings is by no means identical to the function of immediate leadership.

2. A distinctive feature of the relationship between parliament and the President in Russia is the presence of elements of political responsibility of the Government not only to the President, but also to parliament. The State Duma may express no confidence in the Government, a decision on which is made by a majority vote of the total number of its deputies.

The organization of presidential power in Russia is based on the use of elements of a semi-presidential republic. Presidential power in Russia has especially much in common with the model of its organization in France. In particular, in both countries, presidents have similar rights (the right to send an adopted law for a new discussion, the right to dissolve the legislative chamber of parliament, the right to send a bill to a referendum without passing parliament, etc.).

However, here too the Russian model has a number of fundamental features. Thus, the President of the Russian Federation determines the main directions of the state’s domestic and foreign policy, while in France this is the prerogative of parliament. According to Art. 50 of the French Constitution, if the National Assembly passes a resolution of censure or if it does not approve the program or declaration of general policy of the Government, then the Prime Minister must hand over to the President a letter of resignation of the Government. In this case, the President is obliged to dismiss the Government, although at the same time he may decide to dissolve the National Assembly. According to the Russian scheme, the President of the Russian Federation has the right not to dismiss the Government, but can, under certain conditions, dissolve the State Duma.

Unlike the French Constitution, the Constitution of the Russian Federation does not provide for the right of signature (countersignature) of acts of the President by the Chairman of the Government, which acts as a means for the head of state to coordinate his decisions with the Government. In the practice of the President of the Russian Federation, in some cases, his decrees are endorsed by a number of officials, including the Chairman of the Government. However, it does not have mandatory significance to give legal force to the act of the head of state.

Consequently, the institution of the presidency in Russia combines the features of both a presidential and semi-presidential republic.

3. According to Art. 80 of the Constitution of the Russian Federation, the President is guarantor of the Constitution, human and civil rights and freedoms. First of all, Art. 80 is addressed to the activities of the President himself, which must strictly comply with the Constitution and be aimed at ensuring the rights and freedoms of man and citizen. In performing this function, the President has the right to demand from all federal bodies and government bodies of the constituent entities of the Federation strict observance of the Constitution, human and civil rights and freedoms.

If the President considers acts of the Federation Council, State Duma, or representative bodies of the constituent entities of the Federation to be unconstitutional, he cannot repeal or suspend them.

He has the right to apply to the Constitutional Court with a petition to declare such acts unconstitutional and terminate their validity. Acts of executive authorities directly subordinate to the President can, based on their inconsistency with the Constitution and violation of the rights and freedoms of man and citizen, be canceled (acts of the Government of the Russian Federation, federal ministries, departments) or suspended until the issue is resolved by the appropriate court (acts of executive authorities of constituent entities Federation). All this indicates that the President has the authority to exercise control over compliance with the Constitution.

Acting as the guarantor of the Constitution, the rights and freedoms of man and citizen, the President has the right, from the above positions, to evaluate the content of the activities of the bodies reporting to him (the Government, the Security Council), as well as the heads of those government agencies for which he makes proposals for personnel appointments.

The President of Russia also has a number of other legal opportunities to influence constitutional legality in the country. In his message to the Federal Assembly, he can outline his vision of this Problem and guide parliament towards the implementation of priority bills in one or another area of ​​public life.

By implementing the Right of Legislative Initiative, the head of state can introduce draft laws on amendments and additions to the Constitution, federal constitutional and federal laws. By controlling the Government, the President has a significant influence on the formation of the draft state budget and the expenditure of public funds, which directly affects the level of social support of the population and the implementation of the socio-economic rights of citizens. The President also has in his arsenal such tools for protecting the rights of citizens as resolving issues of citizenship and political asylum, granting pardons, etc.

The Constitution of the Russian Federation connects the role of the President as the guarantor of the Constitution precisely with his activities to ensure the fundamental rights and freedoms of man and citizen. Therefore, the main thing in the activities of the President is to create conditions for the implementation of constitutional human rights and freedoms. Of course, there is another thing: the real state of affairs with the rights and freedoms of Russian citizens is the main criterion for assessing the activities of the President.

3. The President of the Russian Federation, in accordance with the procedure established by the Constitution, ensures protection of its sovereignty, independence and state integrity(Part 2 of Article 80 of the Constitution).

The problem of the President protecting the sovereignty and territorial integrity of Russia has both external (protection from aggression) and internal (protection from separatism) aspects.

4. The President of the Russian Federation in accordance with Art. 80 of the Constitution provides coordinated functioning and interaction of public authorities.

The separation and independence of authorities does not exclude the need to coordinate their efforts and close interaction in resolving issues of economic and social development. In the Russian Federation, coordination functions are assigned to the President as the head of state. To do this, he is endowed with powers (Articles 83, 84 of the Constitution), giving him the opportunity to influence all branches of government. Such coordination is evident, for example, when solving personnel issues that are most important for the country.

The President interacts with the State Duma (in connection with the appointment of the head of the Government, the Chairman of the Central Bank), and with the Federation Council (with the formation of the Constitutional Court, the Supreme Arbitration Court, the Supreme Court, the appointment of the Prosecutor General), and with the Chairman of the Government (with the appointment and dismissal of members Governments). Of course, the corresponding powers of the President are also his responsibilities.

The need for such coordination also arises in relation to legislative activity, where it is extremely important to use the potential of all authorities, to combine the achievements and professionalism of the executive branch with the ability of deputies to express a decisive opinion on the fate of bills. That's why

The President is not just endowed with the right of legislative initiative; he must submit most of the bills to the State Duma. In addition, through the right to return the bill to the State Duma with his comments (the right of suspensive veto), he has the opportunity to defend his point of view regarding its content.

The fact that the President of the Russian Federation has broad powers and leverage over all branches of government gives grounds to talk about his removal from the general system of separation of powers and his elevation above all its branches. Making it possible to ensure the unity of the divided branches of state power, such an organization of the institution of the presidency to a certain extent weakens the system of “checks and balances” and control over the activities of the head of state by other federal bodies.

To theoretically substantiate this situation, an attempt was made to justify the existence of a special branch of government - the “presidential” one. This kind of idea not only formally contradicts the principle of separation of powers, but, in fact, destroys it. This principle excludes the possibility of direct leadership of one branch of government over another. The President has the functions of leading the Government. It turns out that the “presidential” branch of government controls the executive branch.

5. In accordance with the Constitution of the Russian Federation and federal laws, the President determines the main directions of the state’s domestic and foreign policy(Part 3 of Article 80). This formulation does not mean that the President alone decides the issue of Russia’s domestic and foreign policy. Its development is the result of a complex interaction between various political forces and branches of government.

The main parameters and directions of Russian state policy are defined in its Constitution, which is not only a legal, but also a starting political document, expressing a compromise between various political forces. Therefore, the activities of the President, aimed at determining the main directions of state policy, are limited by the Constitution.

An important mechanism for developing state policy is the Federal Assembly, which represents not only various political parties and movements (State Duma), but also all subjects of the Federation (Federation Council). The main tool for determining the watering of the Russian state by parliament is legislative activity. Through the law, major issues of economic and social policy, problems of interethnic relations, the fight against crime, etc. are resolved. The activities of the President must comply with the laws, which also limits his influence on public policy.

At the same time, the President has great powers in determining the main directions of the domestic and foreign policy of the Russian Federation. They relate to personnel policy, management of foreign policy activities, participation in the formation of legal policy, and management of current socio-economic policy.

The noted features of the constitutional status of the President of the Russian Federation largely characterize the specifics of the organization and functioning of the institution of the presidency in Russia. As for the norm of Part 4 of Art. 80 of the Constitution of the Russian Federation, according to which the President of the Russian Federation, as the head of state, represents the Russian Federation within the country and in international relations, it reflects generally accepted world practice.

The place and role of the President of the Russian Federation in the system of federal government bodies. Distinctive features of the constitutional and legal status of the head of state in Russia from foreign countries.

The procedure for electing and assuming office of the President of the Russian Federation.

The Constitution of the Russian Federation (Articles 81, 82) determines the term of office of the President, the conditions and procedure for his election and assumption of office. The constitutional norms on the election of the President of the Russian Federation are developed in the Federal Law “On the Election of the President of the Russian Federation” of January 10, 2003.

The 1993 Constitution establishes that the President of the Russian Federation is elected for a term of five years. Limitation of the term of office of the President, as well as the norm of Part 3 of Art. 81 of the Constitution, which states that the same person cannot hold the position of President of the Russian Federation for more than two terms in a row, are important legal barriers that exclude the transformation of the institution of presidential power into a lifelong position.

The Constitution of the Russian Federation established a number of requirements (qualifications) for a candidate for the post of President. Firstly, only a citizen of Russia can be elected President; secondly, he must reside permanently in the country for at least 10 years; thirdly, the President cannot be younger than 35 years old.

The last requirement is due to the special importance of the functions of this official, the implementation of which requires extensive life experience and management skills. The Constitution of the Russian Federation does not provide for an upper age limit for a presidential candidate (previously it was 65 years).

The conditions and procedure for electing the President include the question of the procedure for taking office.

There is a certain transition period between the summing up of the election results of the new President and his assumption of office. It is necessary for the organizational completion of the activities of the former President and his Government and preparation for the performance of government functions by the newly elected President. A mandatory attribute of the President taking office is taking the oath.

The latter is brought in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma, and judges of the Constitutional Court of the Russian Federation. Usually other representatives of federal government bodies, cultural figures, scientists, and politicians are also present at the oath ceremony.

The President begins to exercise his powers from the moment he takes the oath. From this moment, as a general rule, the powers of the former President are terminated.

However, the powers of the President may terminate early in the event of his: resignation; persistent inability for health reasons to exercise their powers or removal from office; of death. The powers of the President are terminated early also if he loses Russian citizenship.

According to generally accepted practice, the resignation of the President means voluntary resignation from his post. The Constitution of the Russian Federation does not specify the resignation formula, does not establish the reasons for making such a decision, does not indicate the body to which the application for resignation should be addressed, does not answer the question of whether any decision should be made, and does not regulate other aspects of the resignation procedure. Resolving these issues is extremely important for the practical application of the institution of resignation.

That is why their detailed legal regulation at the level of federal law is necessary. The resignation of President Boris Yeltsin on December 31, 1999 confirmed the presence of significant gaps in the legislation. The procedure for transferring the attributes of presidential power was determined by the outgoing President himself and took place without the participation of representatives of other branches of government.

In the event of termination of presidential functions due to persistent inability of the President for health reasons to exercise his powers The federal law does not define who and how establishes the fact of persistent incapacity, what its criteria are, how to ensure this kind of decision, and who will make it public. Federal law must provide answers to all these questions. In any case, legal guarantees must be created to prevent abuses in the process of implementing this constitutional norm.

The procedure for removing the President from office is spelled out in detail in the Constitution. Removal of the President from office is a type of constitutional responsibility of the head of state for committing a state crime, treason or other serious crime. In addition to the general criminal liability that every Russian citizen bears for such actions, the President is subject to liability in the form of removal from office.

Contained in Art. 93 of the Constitution, the concepts of “high treason” and “serious crime” are specified in Art. 275 of the Criminal Code of the Russian Federation. High treason means espionage, giving away state secrets, or otherwise providing assistance to a foreign state, foreign organization or their representatives in carrying out hostile activities to the detriment of the external security of the Russian Federation.

Serious crimes are intentional and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed ten years in prison.

It is obvious that the constitutional concept of “serious crime” also includes those provided for in Art. 15 of the Criminal Code of the Russian Federation are especially serious crimes, the commission of which is punishable by more than ten years of imprisonment or a more severe punishment (for example, life imprisonment).

The procedure for removal from office is implemented on the basis of close interaction between the chambers of the Federal Assembly. The President is accused of committing high treason or another serious crime by the State Duma. The initiator of raising the issue of removing the President, in accordance with Part 2 of Art. 93 of the Constitution of the Russian Federation, there may be a group of Duma deputies. Taking into account the fact that the total number of the Duma is 450 people, the composition of the initiative group should be at least 150 deputies.

Materials presented by the initiative group are subject to consideration at a meeting of the chamber. If the issue of continuing the removal procedure is decided by a majority vote, the Duma will form a special commission to prepare an opinion on this issue.

The main task of the commission is a detailed study and discussion of the materials collected by the initiative group, attracting new materials and documents confirming or refuting the accusations made by the President of committing a serious crime. The commission has the right to demand documents from government bodies, request explanations, and receive other necessary information.

The special conclusion prepared by the commission is submitted to the Duma and discussed at its meeting. Within the meaning of Art. 93 of the Constitution, in order to continue the procedure for removing the President, the commission’s conclusion must confirm his guilt and indicate the existence of grounds for removal. Otherwise, the presentation of the conclusion becomes meaningless. Based on the results of the discussion of the conclusion, the Duma may decide to charge the President with treason or committing another serious crime. This decision is made by two-thirds of the votes of the total number of deputies.

The accusation brought by the Duma is sent to the Supreme Court and the Constitutional Court of the Russian Federation. The Supreme Court makes a conclusion about the presence or absence of signs of a corresponding serious crime in the President’s actions. The conclusion of the Supreme Court does not have the legal force of a sentence; it can only be used as part of the procedure for removing the President from office. The Constitutional Court issues an opinion on compliance with the appropriate procedure for bringing charges, i.e. The object of analysis is the activities of the State Duma, the initiative group and the commission for preparing a conclusion on the removal of the President from office.

The decision to remove the President from office is made by the Federation Council with a two-thirds majority vote of the total number of its members. The decision of the Federation Council is formalized by a special resolution.

The decision of the Federation Council to remove the President from office is made no later than three months after the State Duma brings charges against the head of state. If the decision of the Federation Council is not adopted within this period, the charge against the President is considered rejected (Part 3 of Article 93 of the Constitution). To objectively resolve the issue of the fate of presidential powers, the Constitution establishes that the State Duma cannot be dissolved from the moment it brings charges against the President until a decision is made by the Federation Council (Part 4 of Article 109 of the Constitution).

From the moment of early termination of the powers of the President on the grounds mentioned above until the election of the next head of state, the corresponding state functions are temporarily performed by the Chairman of the Government of the Russian Federation (Part 3 of Article 92 of the Constitution). The Acting President does not have the right to dissolve the State Duma, call a referendum, or make proposals for amendments and revisions to the provisions of the Constitution.

Related information.