The President of the Russian Federation has the right. The President of the Russian Federation appoints and dismisses the high command of the armed forces of the Russian Federation

⁰

Article 83

A) Appoints, with the consent of the State Duma, the chairman of the government of the Russian Federation.

The President does not have the right to make a sole decision on the appointment of the Chairman of the Government of the Russian Federation. Only with the consent of the State Duma.

Article 111

From the decision of the Constitutional Court of the Russian Federation of December 11, 1998 N 28-P "On the case of the interpretation of the provisions of part 4 of article 111 of the Constitution of the Russian Federation" it follows that the President of the Russian Federation has the right to submit a second candidate rejected by the State Duma for the specified position, the submission of the same candidacy of the Chairman of the Government of the Russian Federation three times in a row is not allowed. The State Duma cannot be dissolved on the grounds provided for by Part 4 of Article 111 of the Constitution of the Russian Federation, as a result of the rejection of the same candidacy of the Chairman of the Government of the Russian Federation three times.

Article 83

D) Represents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of Russia.

In (Article 103, paragraph c), it is written that the State Duma appoints and dismisses the head of the Central Bank from office. Further, from the Federal Law “On the Central Bank of Russia”, Article 14 states that, in the event of a rejection of the candidate proposed for the position of the Chairman of the Bank of Russia, the President of the Russian Federation introduces a new candidate within two weeks. The same candidate cannot be nominated more than twice. Those. the procedure is automatic, the President does not influence the decision-making, and cannot appoint and even recommend more than twice the candidate who is not pleasing.

E) At the suggestion of the Prime Minister of the Russian Federation, he appoints Deputy Prime Ministers of the Russian Federation and federal ministers.

The appointment is only at the suggestion of the Prime Minister, the President himself cannot choose a candidate, he can reject it, only the Prime Minister will propose another one, which will come from him anyway. But in reality, the provision from the article “appoints to a position” means that he simply signs, and the choice of a candidate is not within his authority.

E) Represents to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, as well as the candidacy of the Prosecutor General of the Russian Federation.

At the same time, the President only makes proposals on the relevant candidates, and the appointment itself is made by the Federation Council. The decision to dismiss the Prosecutor General is also taken by the Federation Council.

Article 84

A) calls elections to the State. Duma in accordance with the constitution of the Russian Federation and federal law.

The President of the Russian Federation calls the elections of the State Duma, while he must adhere to the deadlines for re-elections of deputies specified in the law. Setting the date of the elections is not a right, but rather a duty of the President, since he does this not arbitrarily, at his own discretion, but within a strictly defined period.

C) appoints a referendum in accordance with the procedure established by federal law.

And if you look at this FKZ "On the referendum of the Russian Federation", then it says about the initiators of the referendum, and the President is not there. The President has no right to hold a referendum.

E) Addresses the Federal Assembly with an annual message.

The message of the President is not a normative act binding on the authorities state power. This is one of the main means of communication between the head of state and parliament. The message is only the subjective opinion of the President, which no one is obliged to fulfill. Ideally, the task of fulfilling it should also fall on the Government, which is responsible for implementing the main directions of policy, but in reality the message is sabotaged by the government.

Article 85

1. The President of the Russian Federation may use conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation. If an agreed decision is not reached, he may refer the dispute to the appropriate court.

Those. The President cannot decide anything, he has no authority to resolve such important issues. Here it can be compared with a courier who simply has to take the relevant papers to the court.

Those. The President can only suspend an act, but cannot revoke it. Only temporarily suspended, and handed over to the court. Again, courier powers.

Article 89

A) resolves issues of citizenship of the Russian Federation and granting political asylum;

But it does not have the right to deprive citizenship.

Article 87

In the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation shall introduce martial law on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federation Council and the State Duma.
And in (Article 102 paragraph b) it is written that the State Duma decides to approve the decree of the President of the Russian Federation on the introduction of martial law; and the decree on the state of emergency from article (102, paragraph c) is also approved. The President, again, does not decide anything, but only proposes to resolve the issue to the State Duma, and in turn, the Duma may not decide to approve the President's decree.

Article 90

Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.
That is, the President of the Russian Federation must act and follow the occupational provisions that are spelled out in the Constitution, and the President has no right to either change the Constitution or cancel the federal law. So much for the Presidential Republic.

Article 91

The President of the Russian Federation has immunity.

Article 92

The President of the Russian Federation terminates the exercise of his powers ahead of schedule in the event of his resignation, persistent inability for health reasons to exercise his powers, or removal from office.
Very interesting option second. The state of health of the President is such that a special authoritative medical report is required. We are talking, therefore, about cases where, unlike resignation, the personal will of the President cannot objectively be the decisive factor. Medical Commission states that the President is no longer able to return to business and the Chairman of the Government announces that he has assumed the duties of the President on the basis of medical documents. Here you have one of the forms of overthrowing the President prescribed in the Constitution.

Article 93

With the introduction of the post of President of the RSFSR in 1991, a measure was introduced in the Constitution that provided for the possibility of his removal from office in case he violated the Constitution of the RSFSR. What was not in the 1977 Constitution. and 1936 No one, even in their thoughts, could imagine that someone could remove the Chairman of the Presidium of the Supreme Council from his post. With the announcement of the decision of the Federation Council on dismissal of the President, the Chairman of the Government of the Russian Federation begins to fulfill the duties of the President.

Article 107

3. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council, in accordance with the procedure established by the Constitution of the Russian Federation, reconsider this law. If, upon reconsideration, the federal law is approved in the previously adopted version by a majority of at least two-thirds of votes from total number members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and made public.

Article 80

The guarantor of the Constitution.

That is, the President has no choice, if he does not even want to sign, he must act within the framework of his duties prescribed in the Constitution. He must sign.

What are the duties of the President of the Russian Federation? In the article we will cover this topic in more detail. In parentheses there will be decrees of articles from the Constitution of the Russian Federation, unless there is an explanation for other regulatory legal acts.

presidency institute

Many people think that the post of president appeared in our country after the collapse of Soviet Union. In fact, this is not so: for the first time this post was introduced in 1990 in the USSR.

This happened as a result of the new law "On democratization" in 1988. M.S. Gorbachev carried out democratic reforms, after which the Congress of People's Deputies became the supreme body in the country. The President of the USSR - the head of the executive branch - was elected at this Congress and was legally subordinate to it. Those. in the USSR, at the end of its existence, they created a kind of democratic parliamentary republic, which vaguely resembled modern system Germany - with the chancellor and Italy - with the prime minister. But significant differences were that the Soviet parliament consisted of 2,250 deputies, which met approximately once a year, and also that there was one party - the CPSU.

Of course, at the end of the existence of the USSR, the last feature was eliminated: a multi-party system and glasnost were introduced, but the Union was still far from Western democracies. Nevertheless, the modern Liberal Democratic Party of Russia (LDPR) was organized under the USSR (1989) and was called LDPSS. Today it is not customary to remember this, since it is believed that we destroyed the old totalitarian system and created a new, democratic one. But in fairness, we must note that in the USSR - at the end of its existence - political and economic reforms were nevertheless outlined.

The political crisis in Russia: the adoption of the Constitution and the declaration of the rights and duties of the President of the country

The history of our state could have turned in such a way that there might not have been a post of president. The duties of the President of the Russian Federation were declared only in December, when the new Constitution was adopted, but before that time, the political leadership of our country had split into two camps:

The first wanted to see the Supreme Council of the Russian Federation at the head of the state, to which the president would be subordinate. They directed the vector of political development of the new state along the old Soviet path. It is possible that this vector would have transformed over time into a parliamentary republic, but people wanted cardinal changes in all spheres of society.
The latter were supporters of a presidential-parliamentary republic. They believed that it was the president of the country, elected by the people, who should be endowed with broader powers.

And President B.N. Yeltsin, and members of the Supreme Council of the Russian Federation, headed by R.I. Khasbulatov defended their point of view. As a result, a political crisis broke out in the country, which lasted from the beginning of 1992 until the autumn of 1993, and could lead to civil war in our country.

In the autumn of 1993, barricades appeared in the capital, and in some places clashes between the two opposing sides escalated into street battles. The Supreme Council of the Russian Federation dismissed and the latter, by its decree, dissolved the elected body. It is worth saying that legitimacy was still on the side of the Council, since until December 1993 the country lived according to the 1977 Constitution of the USSR, so the presidential decree had no legal force.

However, B.N. Yeltsin referred to the referendum held in April 1993, in which about 58% of voters supported him. But still, 42% of the supporters of the Council is a significant percentage, and further escalation of the conflict could lead to disastrous consequences. Everywhere there were people with machine guns, there were armed clashes for the Ostankino television tower.

On October 4, 1993, the tanks of the Taman division, formally subordinate to the Minister of Defense, who was a member of the Supreme Council of the Russian Federation, entered the capital. They fired shots at to the White House where supporters of the Supreme Council took refuge. The latter surrendered and were accused of attempting a coup d'état. And in December 1993, a new Constitution of the Russian Federation was adopted. The power of the president was finally legitimized in the 1996 elections.

Presidential status

According to the Constitution of the Russian Federation, the President is the head of state (Part 1, Article 80). He does not head the executive branch, but he has the right to attend meetings of the Government, chair it, decide on his resignation and, with the consent of the State Duma of the country, appoint its head (Article 83).

Sources of law do not indicate the presence fourth kind power - "presidential power". However, this term is used in jurisprudence to focus on special status the head of state in the legal system: the presence of his own powers and various rights and obligations in interaction with other types of power, especially the executive.

What are the duties of the President of the Russian Federation? We will analyze in more detail later in the article.

Guarantee of rights and freedoms

The main duties of the President of the Russian Federation are to ensure the rights and freedoms of man and citizen (part 2 of article 80). It should be clarified that this article refers both to the concept of "rights and freedoms of a citizen" and "rights and freedoms of a person." Let's analyze this in more detail.

The former refers to stable relations between citizens and the state (state power). This means that the head of our state must ensure the rights arising from the position of the status of a citizen, for example, political rights(realization of the right to elect and be elected, to participate in peaceful political rallies and meetings, to take part in the activities political parties, trade union committees, etc.).

By "human rights" are meant those that are enshrined in many international conventions and treaties. By them are meant such rules of conduct that secure the freedoms and dignity of the individual. The head of state can exercise his obligations to protect the constitutional rights of citizens, for example, by vetoing certain laws and decisions of the State Duma until the final settlement of disputes by a competent court.

By “freedoms” one should understand the absence of any obstacles and restrictions in anything that can be introduced by the state for various reasons and in various volumes. Examples include freedom of choice of religion, the right to choose a profession, etc.

Issuance of by-laws

The head of state has the right to issue his own by-laws - decrees and orders that are binding on all citizens. Unless they are contrary to federal law.

A decree is a normative legal act of a long-term plan, relating to an indefinite circle of persons.

An order is an individual act relating to a specific person - legal or natural - or to a public authority.

The main law of the country does not use the concept of “by-laws” in relation to decrees and orders of the head of state. However, they are such according to the current legal classification of sources of law, since they should not contradict either federal laws or the norms of the Constitution.

Decrees of a regulatory nature begin to operate throughout the country after 7 days after signing. Other orders - immediately.

Guarantor of the Constitution

The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation and is obliged to observe the preservation of its norms, not to allow revisions of guaranteed rights and freedoms. He is assisted in these duties by the Presidential Administration and the Commissioners for Children's Rights under the President of the Russian Federation and Human Rights.

Guarantor of Independence

We continue to analyze the constitutional duties of the President of the Russian Federation. The first person of the state is also the guarantor of sovereignty. He fulfills this duty through the possession of special powers, for example, the right to impose martial law. Also the head of state is the armed and naval forces.

Representative functions

The president represents the state in both foreign and international domestic politics. For example, he is authorized to sign on behalf of the entire state, to defend the interests of Russian companies in the international arena, etc.

As for the internal representative function, here it is necessary to explain the peculiarity of the territorial-administrative structure. Russia is a federal state, consisting of subjects and cities federal significance. Subjects are separate mini-states within the Federation. They have the right to have their own internal constitutions, charters, establish their own legislatures authorities issuing internal regulations, national republics have the right to a second state language, etc. The main thing with such a system is that the laws of the subjects should not contradict the norms of the Constitution and federal laws. The head of state represents the federal center in relations with the subjects of the country.

Responsibilities related to interaction with authorities (art. 83-85)

The President of the Russian Federation performs duties related to interactions with authorities:

Appoints the Prime Minister with the consent of the State Duma.
Makes a decision on the resignation of the Government, suspends the validity of its acts.
Appoints and dismisses the high command of the Armed Forces of the Russian Federation.
Approves the military doctrine of the state.
Appoints judges and the head of the Central Bank of the Russian Federation.
Initiates bills for voting in the State Duma.
Signs and promulgates the signing of federal laws adopted by the Parliament of the country.
Schedules referendums.
Addresses with annual messages to the Federal Assembly.

Term of office of the President of the Russian Federation (Article 81)

Initially, under the 1993 Constitution, the head of state was elected in a general democratic election for a term of 4 years. In 2008, it happened. Now, since 2012, the term of office of the President of the Russian Federation is 6 years. And the next presidential elections will be held in our country in March 2018.

Requirements for a candidate for the presidency of the Russian Federation

What does it take to become the main state? There is a mandatory legislative minimum, which is spelled out in the Constitution of the country:

age not younger than 35 years;
residence in our country for at least ten years;
no outstanding conviction.

Rights and obligations of the President of the Russian Federation under the Constitution (briefly)

So, let's sum up and list the competence of the head of state:

independence, rights and freedoms of citizens;
maintaining the system of work of public authorities;
representation in domestic and foreign policy;
ensuring the security of the country;
control over the observance of the Constitution;
taking emergency measures in emergency situations, declaring martial law;
control over the activities of all branches of government;
resolving issues related to citizenship and political asylum;
the formation of the country's Security Council;
appointment of referendums;

chairmanship at meetings of the executive power, making a decision on the resignation of the Government and the appointment of a new Chairman with the consent of the Duma;
making decisions on awarding and pardoning;
appointment of the head of the Central Bank with the consent of the Duma;
appointment of judges;
issuance of own decrees and orders that do not contradict federal laws and the Constitution;
other responsibilities.

We hope that your knowledge in this area has expanded.

Page 3 of 4

§ 3. Powers of the President of the Russian Federation

The President of the Russian Federation has broad powers in various areas public life. In some cases, these powers are of a prerogative nature, that is, they belong exclusively to him, in others they are in contact with the powers of other state authorities, contributing to the resolution of issues in cooperation based on the principle of separation of powers. The totality of presidential powers is balanced with the powers of other government bodies, forming a system of cooperation and mutual balances in order to prevent unilateral authoritarian decisions.

According to the specifics of the subjects of competence and relationships with other state authorities, the powers of the President can be divided into the following main groups.

President and Federal Assembly. The powers of the President, arising from the difference in the constitutional functions of the head of state and parliament, do not compete with the powers of a representative body in the main. The Constitution makes a clear distinction between their powers based on the principle of separation of powers. At the same time, the powers of the President in the sphere of relations with the parliament allow us to consider the head of state as an indispensable participant in the legislative process. The President has the right to call the elections of the State Duma, while the elections of the President are called by the Federation Council. At the same time, the Federation Council is formed on the basis of the Constitution of the Russian Federation and federal law without the participation of the State Duma and the President. Thus, the appointment of the elections of these three public authorities does not take place on a reciprocal basis in order to avoid interdependence. After the elections, the State Duma meets independently on the thirtieth day, but the President may convene a meeting of the Duma before this date.

The President has the right of legislative initiative, that is, the introduction of bills to the State Duma, he has the right to veto bills adopted by the Federal Assembly. This veto, referred to in theory as a relative veto, can be overridden by re-passing the bill by the two houses of the Federal Assembly with separate discussion by a two-thirds majority of each house - in this case, the President is required to sign the law within seven days. The bill becomes law and enters into force only after its signing and promulgation by the President. 14 days are allotted for consideration, after which the law must either be rejected or come into force. The right to return a law adopted by the chambers differs from the right to reject laws (veto) if the President sees in the process of adopting or approving a law a violation of the constitutional conditions and procedures for its adoption or approval. The Constitutional Court of the Russian Federation, in its decision of April 22, 1996, confirmed this right of the President, based on his role as the guarantor of the Constitution of the Russian Federation.

The President addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of internal and foreign policy state, with a budget message, but handling these messages (which, by the way, are not discussed in the presence of the President) does not mean the obligation of the Federal Assembly to unquestioningly agree with the ideas expressed. The procedure for interaction between the President and the chambers of the Federal Assembly in the legislative process (drafting draft laws, using the right of veto, signing) is regulated by the Regulation approved by the decree of the President of the Russian Federation (as amended on November 7, 2005).

The President calls a referendum in accordance with the procedure established by federal constitutional law; other bodies are not entitled to decide on holding nationwide referendums.

The President has the right to dissolve the State Duma in the cases and in the manner provided for by the Constitution of the Russian Federation, but his right to dissolve the Federation Council is not provided. The dissolution of the Duma is possible in the event of a three-fold rejection of the nominated candidates for the Chairman of the Government (part 4 of article 111 of the Constitution of the Russian Federation), with a two-time no-confidence in the Government within three months (part 3 of article 117) and if the Duma refuses to trust the Government (part 4 of article 117 of the Constitution of the Russian Federation). In the event of the dissolution of the State Duma, the President calls new elections so that the new Duma meets no later than four months after the dissolution.

The State Duma cannot be dissolved by the President:

1) within a year after her election;

2) from the moment she brings charges against the President until the appropriate decision is made by the Federation Council;

3) during the period of martial law or state of emergency throughout the territory of the Russian Federation;

4) within six months before the end of the term of office of the President of the Russian Federation.

The strict stipulation of the dissolution of the Duma and the limitation of the President's rights in this area testify to the fact that the dissolution of the Duma is regarded as an extraordinary and undesirable phenomenon. This explains, for example, the fact that the crisis that arose in June 1995, connected with the declaration of no confidence in the Government, ended in mutual concessions by the President and the Duma, as a result of which the Duma did not confirm the no confidence in the Government issued shortly before, and the Chairman of the Government withdrew the question of confidence before the Duma, which threatened the Duma with the possibility of dissolution.

The constitutionally significant legal consequences of the dissolution of the State Duma are that from the moment of dissolution, the State Duma does not completely stop its work and the deputies lose their status, but only cannot pass laws and exercise other powers at the meetings of the chamber. The Constitutional Court of the Russian Federation, in its decision of November 11, 1999, established that “the dissolution of the State Duma by the President of the Russian Federation means the termination, starting from the date of the new elections, of the exercise by the State Duma of the powers provided for by the Constitution of the Russian Federation to adopt laws, as well as its other constitutional powers, which are implemented by making decisions at meetings of the chamber. At the same time, the exercise of the said powers of the State Duma by the President of the Russian Federation, the Federation Council, and other state authorities is excluded.

The daily cooperation of the President of the Russian Federation with the chambers of the Federal Assembly is ensured with the help of his authorized representatives in each chamber. They present draft laws submitted by the President of the Russian Federation at meetings of the Federation Council and the State Duma, and come forward with justification for the rejection by the President of the laws adopted by the chambers. When considering bills in the chambers, the President appoints official representatives (as a rule, from among the members of the Government of the Russian Federation); when bills on the ratification or denunciation of international treaties are introduced, the Minister of Foreign Affairs or one of his deputies is appointed as an official representative.

President and Government. These relations are based on the unconditional priority of presidential power. The President appoints the Chairman of the Government of the Russian Federation with the only condition that he obtains the consent of the State Duma for this. The president has a strong weapon to put pressure on the Duma on this issue: after rejecting the submitted candidates three times, he has the right to dissolve the chamber and call new elections, and appoint the Prime Minister himself. The still unstable multi-party system that has developed in the country and the corresponding representation in the Duma rule out the possibility of creating a one-party majority government. As a result, a paradoxical situation arises when representatives of party factions of the Duma that are in opposition can enter the Government. However, the President, although not alien to the desire to get support for his actions in the Duma, is not bound by any obligations to the parties and has the right to act independently. Thus, he single-handedly decides on the resignation of the Government and has the right not to do so even under conditions of no confidence expressed by the Duma. Without the participation of the Duma, but only at the suggestion of the Prime Minister, the President appoints and dismisses deputies of the Prime Minister and federal ministers. He has the right to preside at meetings of the Government, which leaves no doubt about his leadership position in the executive branch. This is also evidenced by the fact that no later than a week after the appointment, the Chairman of the Government is obliged to submit to the President proposals on the structure of federal government bodies, the approval of which by the head of state forms the basis for all appointments to positions.

Interaction between the President and the Government is regulated by the Decree of November 26, 2001, which lists the resolutions and orders of the Government that require mandatory prior approval from the Administration of the President of the Russian Federation.

The noted powers of the President are accompanied by his right of decisive influence on the appointment of the Chairman of the Central Bank of the Russian Federation, although this body is not included in the structure of executive power, occupying an autonomous position. The President single-handedly determines and submits to the State Duma a candidate for the position of Chairman of the Central Bank of the Russian Federation and raises the question before the Duma about his dismissal. If the Duma does not approve the candidate proposed by the President, then the latter may nominate his candidacy as Acting Chairman of the Central Bank of the Russian Federation, and then again propose this candidacy to the Duma. Consequently, no body has the initiative right in this matter, except for the President.

Relations with the subjects of the Russian Federation. The powers of the President as the head of the federal state are spelled out in the Constitution of the Russian Federation rather modestly; they rather follow from his main functions as the guarantor of the Constitution. From specific constitutional powers importance have the appointment and dismissal of plenipotentiaries of the President, who, with the publication of the Decree of May 13, 2000, form the institution of plenipotentiaries in the federal districts (see Chapter 19 of the textbook). According to part 4 of Art. 78 of the Constitution of the Russian Federation, the President, together with the Government, ensures "in accordance with the Constitution of the Russian Federation, the exercise of the powers of the federal government throughout the entire territory of the Russian Federation." Such a wording leaves no doubt that not only such gross forms of violation of law and order as organized disobedience to the authorities, rebellions, unilaterally proclaimed secession from the Federation or the creation of illegal armed formations, as was the case in the Chechen Republic, but also any evasion of the execution of legal acts of the Federation and violation of constitutional law and order require energetic actions from the President and the Government of the Russian Federation to restore the powers of the federal government.

Of great importance is the right of the President to suspend the acts of the executive authorities of the constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution of the Russian Federation 1 and federal laws, international obligations of the Russian Federation or violation of the rights and freedoms of man and citizen. The president submits to the legislative assembly of a constituent entity of the Russian Federation a candidate for the position of the highest official, he has the right to remove this person from office, in certain cases to dissolve the legislative assembly of a constituent entity of the Russian Federation (see Chapter 26 of the textbook). He also has the right to dismiss the heads of municipalities and dissolve the body local government(see chapter 27 of the textbook).

The President and the Judiciary. In accordance with the principles of separation of powers and independence of the courts, the President has no right to interfere in the activities of the judiciary. However, he participates in the formation of the judiciary. Thus, only the President has the right to nominate candidates for appointment by the Federation Council to the positions of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, i.e., the highest judicial bodies of the Russian Federation. The president also appoints judges of other federal courts, which is provided for in Part 2 of Art. 128 of the Constitution of the Russian Federation. No one has the right to demand from the President to nominate this or that candidate.

Closely connected with these powers is the right of the President to influence the appointment of the Prosecutor General of the Russian Federation. In accordance with federal law, the President nominates a candidate for this position to the Federation Council, and he also submits a proposal to dismiss the Prosecutor General of the Russian Federation. If the Federation Council rejects a candidate proposed by the President, the latter presents a new candidate within 30 days, but is deprived of the right to appoint an acting Prosecutor General of the Russian Federation. Repeated cases of rejection by the Federation Council of candidates proposed by the President for the position of Prosecutor General of the Russian Federation, as well as judges of the Constitutional Court of the Russian Federation, led to a long delay in the formation of these bodies. The Constitutional Court of the Russian Federation, in its decision of December 1, 1999, established that if a criminal case is initiated against the Prosecutor General, the President is obliged to issue an act on the temporary removal of the Prosecutor General from office during the investigation of the case.

military powers. In the military region, the powers of the President are quite broad. He is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, approves the military doctrine of the Russian Federation, appoints and dismisses High Command Armed Forces of the Russian Federation. military doctrine is integral part Russian security concept. It is a system of views (settings) officially adopted in the state that determine the military-political, military-strategic and military-economic foundations for ensuring Russia's military security. The Decree of the President of the Russian Federation of April 21, 2000 approved the Military Doctrine of the Russian Federation.

The position of the Supreme Commander-in-Chief allows the President to give any orders to the Ministry of Defense, the Minister of Defense works under the direct supervision of the President. The President has the right to assume command of the Armed Forces at any time in case of war or threat of aggression. Along with the Armed Forces, the structure of military formations subordinate to various ministries and departments includes: border troops, internal troops, railway troops, troops government communications, troops civil defense. Military service is also provided for in such an independent department, subordinate to the President of the Russian Federation, as federal Service protection.

The organization of military formations in the Russian Federation is based on a clear principle, according to which these formations can only be federal and subordinate to the President of the Russian Federation, no subject of the Russian Federation has the right to create their own military formations.

In the event of aggression against Russia or its immediate threat, the President introduces martial law on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federation Council and the State Duma. But the President has no right to declare a state of war.

The Constitution of the Russian Federation stipulates that the regime of martial law is determined by federal constitutional law. The Constitution of the Russian Federation also provides that the decree of the President of the Russian Federation on the introduction of martial law requires approval by the Federation Council.

The military powers of the President of the Russian Federation are specified in some federal laws. Thus, the Federal Law "On the procedure for the provision by the Russian Federation of military and civilian personnel to participate in activities to maintain or restore international peace and Security” it is established that the decision to send individual military personnel outside the territory of the Russian Federation to participate in peacekeeping activities is made by the President of the Russian Federation. He also determines the area of operations, tasks, subordination, length of stay, the procedure for replacing these military personnel and makes a decision on their recall. If we are talking on sending military formations of the Armed Forces outside the Russian Federation, then the decision on this is made by the President of the Russian Federation on the basis of a resolution of the Federation Council on the possibility of using the Armed Forces outside the territory of the Russian Federation. The decision to recall these formations is taken by the President of the Russian Federation independently, but he is obliged to inform the Federation Council and the State Duma about this. The President of the Russian Federation is entrusted with the main responsibility for organizing the training and provision of military and civilian personnel for participation in peacekeeping activities, he determines the procedure for the formation, composition and strength of the military contingent.

The Federal Law "On Defense" (as amended on July 6, 2006) enshrines a number of other military powers of the President of the Russian Federation: determining the main directions of the military policy of the Russian Federation, exercising leadership of the Armed Forces of the Russian Federation, other troops, military formations and bodies, enacting normative legal acts of wartime and terminating them, making decisions in accordance with laws on involving the Armed Forces and other troops in carrying out tasks using weapons not for their intended purpose, approving the concept and plans for the construction and development of the Armed Forces, approving programs armament and development of the defense industrial complex, approval of programs nuclear testing, approving the structure and composition of the Armed Forces and other troops, negotiating and signing international treaties in the field of defense, issuing decrees on conscription for military service etc. The Federal Law “On mobilization preparation and mobilization in the Russian Federation” (as amended on October 25, 2006) imposes on the President of the Russian Federation the obligation to announce general or partial mobilization in the event of aggression or a threat of aggression with an immediate message to the chambers of the Federal Assembly. The military powers of the President of the Russian Federation are very broad, but they do not exhaust all the powers of state authorities in the field of defense. So, for example, the Federation Council and the State Duma consider defense spending, the Federation Council approves decrees of the President of the Russian Federation on the introduction of martial law, etc. The division of powers in the field of defense between the President of the Russian Federation and the Federal Assembly, as well as the allocation of its own powers of the Government of the Russian Federation in this area, corresponds to a democratic approach to determining the limits of the power of the head of state, excluding its excessive concentration in his hands in such an important area.

Powers in the field of foreign policy. As the head of state, exercising the highest representation in international relations The President is constitutionally in charge of foreign policy RF. The President negotiates and signs international treaties of the Russian Federation, signs instruments of ratification (the ratification itself is carried out in the form of a federal law), accepts credentials and revocable letters of diplomatic representatives accredited to him.

The President appoints and recalls ambassadors and other diplomatic representatives of the Russian Federation in foreign states and international organizations. However, he must, in doing so, consult with the appropriate committees or commissions of the State Duma and the Federation Council.

State of emergency. The powers of the President in this matter are formulated in the Constitution very clearly. Only the President has the right to introduce a state of emergency on the territory of the Russian Federation or in its individual areas, about which he immediately informs the Federation Council and the State Duma. The decree is subject to immediate publication and then approval by the Federation Council. The president is not free to make such a decision, because the introduction of a state of emergency is possible only under the circumstances and in the manner established by the federal constitutional law.

State of emergency - a special procedure for managing extreme conditions inevitably entailing certain temporary restrictions on the rights and freedoms of citizens. That is why the powers of the President as an official, on whom the declaration of a state of emergency depends, are balanced by the control powers of the Federation Council. The President is required by law to indicate the grounds for the decision to declare a state of emergency, the list and limits of emergency measures, etc.

Citizenship and awards. The powers of the President include dealing with issues of citizenship and granting political asylum. Note that the republics that are part of the Russian Federation fix their citizenship, but since even in this case it is also the citizenship of the Russian Federation, they are not entitled to accept certain persons as their citizenship.

The President of the Russian Federation awards state awards Russian Federation, awards honorary titles of the Russian Federation, higher military and higher special ranks. State awards and regulations on them are established by decrees of the President of the Russian Federation.

Pardon. The President of the Russian Federation pardons those convicted of criminal offenses. Pardon should not be confused with amnesty, the right to which belongs to the State Duma.

The Constitutional Court of the Russian Federation, in its ruling of January 11, 2002, stated: The Constitution of the Russian Federation gives every convicted person the right to ask for pardon or commutation of punishment, but this right does not imply the satisfaction of any request for pardon, i.e. does not mean that the convicted person must be pardoned without fail. The implementation of pardon is the exclusive authority of the President of the Russian Federation as the head of state, which is enshrined directly in the Constitution of the Russian Federation. Pardon as an act of mercy, by its very nature, cannot lead to consequences that are more serious for the convicted person than those enshrined in the criminal law.

Commissions for the consideration of requests for pardon have been established under the heads of administrations in all subjects of the Russian Federation. However, their work is only preparatory in nature for a subsequent decision by the President of the Russian Federation.

Acts of the President of the Russian Federation. The multifaceted activity of the President is carried out through legal acts, which, according to the Constitution of the Russian Federation, are decrees and orders.

A decree is a legal act relating to an indefinite range of individuals and legal entities, state bodies, organizations and, in addition, acting in the long term. It is, therefore, a normative act. The decree can also be of a law enforcement nature, and therefore not have a normative value. Decrees of non-normative significance are issued, for example, on the appointment of a person to a certain position. An order is an act of an individual organizational nature. Acts of the President are issued by him independently, without notification or consent of the Federal Assembly or the Government. They are binding on the entire territory of the Russian Federation and have direct effect.

Decrees and orders of the President of the Russian Federation are not called by-laws in the Constitution. But they are such, because they should not contradict both the Constitution of the Russian Federation and federal laws (Part 3, Article 90 of the Constitution of the Russian Federation).

Decrees and orders of the President of the Russian Federation are subject to mandatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature. Acts of the President of the Russian Federation are published in Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation within 10 days after their signing. If these acts are of a normative nature, then they enter into force simultaneously throughout the territory of the Russian Federation after seven days after the day of their first official publication. Other acts come into force from the date of their signing. This procedure is established by the Decree of the President of the Russian Federation (as amended on June 28, 2005). Decrees, orders and laws are signed personally by the President; fax printing is used only in exceptional cases and only with the personal permission of the head of state (it is kept by the head of the Office of the President).

State Council of the Russian Federation. By Decree of the President of the Russian Federation (as amended on June 28, 2005) the State Council of the Russian Federation was established.

The State Council is an advisory body that facilitates the implementation of the powers of the head of state on issues of ensuring the coordinated functioning and interaction of state authorities.

The main tasks of the State Council are: discussion of those with special national importance problems relating to relations between the Russian Federation and its subjects, critical issues state building and strengthening the foundations of federalism, making the necessary proposals to the President of the Russian Federation; discussion of issues related to implementation (compliance) federal authorities state authorities, public authorities of the constituent entities of the Russian Federation, local governments, their officials of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, and making appropriate proposals to the President of the Russian Federation; assistance to the President of the Russian Federation when he uses conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation; consideration, at the proposal of the President of the Russian Federation, of draft federal laws and decrees of the President of national importance; discussion of the draft federal law on the federal budget; discussion of information from the Government of the Russian Federation on the progress of implementation federal budget; discussion of the main issues of personnel policy in the Russian Federation, etc.

The Chairman of the State Council is the President of the Russian Federation. Members of the State Council are ex officio senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation.

To resolve operational issues, the presidium of the State Council is formed, consisting of seven members of the council. The personal composition of the presidium is determined by the President of the Russian Federation and is subject to rotation once every six months.

Meetings of the State Council are held regularly, as a rule, at least once every three months. By decision of the Chairman of the State Council, extraordinary meetings of the State Council may be held. Decisions of the State Council are taken at its meeting by discussion. By decision of the chairman, voting can be held on any item on the agenda. The Chairman of the State Council is also entitled to establish the procedure for making decisions on issues of special national importance by reaching consensus. The decisions of the Council of State are documented in a protocol signed by the Secretary of the Council of State. If necessary, decisions are formalized by decrees, orders or instructions of the President of the Russian Federation. If a decision is made on the need to adopt a federal constitutional law, a federal law or to amend them, to amend a draft federal constitutional law or a federal law, the draft of the relevant act is submitted to the State Duma in the manner of a legislative initiative of the President of the Russian Federation.

In Russia, the formation civil society laid down during the period of "perestroika". In the Russian Federation, the president was first elected in 1991. The head of the Russian Federation has duties and rights after taking office, which he must follow.

Functions of the President

In Russia, according to the main document of the country, power belongs to the people. The people in the country are multinational. The task of the head of state is to ensure the rights of the citizens of the country. He must also monitor the fulfillment of duties by the judiciary, legislative and executive authorities. Whom the president of the Russian Federation appoints to various positions is spelled out in the constitution of the Russian Federation.

The president does not represent one or more of the main branches of government, he occupies a special position. But the head of state chooses the course on which the country will move. In doing so, the president is bound by the constitution.

The head represents the country within the state and beyond. He is the representative abroad and directs foreign policy. Gives orders when necessary to ensure the sovereignty of the country, because it is

The head of the country forms the government or initiates its resignation. Whom the president of the Russian Federation appoints within the government depends on the interaction between the prime minister and the president. - the pinnacle of executive power, and the head of state monitors compliance with the constitution of the Russian Federation and the interaction of the three branches of power.

Constitutional rights of the president

In Russia, the people have the right to elect a president, therefore, the head of state is responsible to the people. The head has the right to control power, but does not belong to it. In the executive branch, the government is the head of the country, the parliament is in charge of the legislative branch, and the judicial power belongs to the supreme court. The head is supposed to have special power. The government of the Russian Federation is appointed by the president, with the consent of

Independence from other branches of power leads to a situation that in the event of treason and resignation, it is difficult to hold the head of the country accountable.

The president, when working with the government, can:

to veto a government decision;
propose candidates for public office;
call parliamentary elections, including extraordinary ones;
create decrees or other documents that may be in force until a similar law appears;
conduct international negotiations and sign laws;
declare a state of emergency throughout the country.

Responsibilities of the President

The duties of the head of state are inextricably linked with his rights. All functions and duties of the head of the country are reduced to ensuring sovereignty and interaction within the country.

The main duties of the head of state include a list of those appointed by the President of the Russian Federation:

appointment of the prime minister;
determination of the high command of the armed forces of the Russian Federation;
appointment of the chief judge;
proposal of bills for the decision of the State Duma;
determining the need for a referendum;
appeal to the Federal Assembly with an annual appeal;
determination of the military tactics of the state;
granting political asylum;
granting citizenship of the Russian Federation;
control over the observance of the Constitution.

Acts of the President of the Russian Federation

The head of state can issue two types of acts - decrees and orders. The documents are valid throughout the country. Acts cannot be inconsistent with the fundamental laws of the country. The Constitution of the Russian Federation is the main document and presidential decrees are by-laws.

Individual orders for appointment or dismissal apply to the persons named in the document.

Often acts of the head of state are needed to fill a gap in legislative framework. The law does not always allow finding a way out of the situation, then there is a need for additional documents. When a law is approved that is sufficient to make a decision, they lose their force.

Appointment of the Russian government

According to the constitution, he appoints the Prime Minister. The change of chairman occurs in two cases:

elections of a new president of the Russian Federation;
resignation of the prime minister.

In both cases, the head of state must propose a new candidate for this post within two weeks. In the event of a change in the head of the country, the term is counted from the day the president takes office. If, by decision of the president, the chairman of the government is removed from office, then two weeks are counted from the date of the resignation of the previous head.

In practice, it takes less time to decide on a candidate.

Elections of the Chairman of the State Duma

The Chairman of the State Duma in Russia is a significant person. The powers of the Chairman last 5 years and end with the end of the convocation of the Duma.

The duties of the chairman include:

providing information about bills to acting deputies;
decide contentious issues between federal and regional elements;
hold meetings of the Chamber;
direct the thought, appoint leaders.

The position is significant and it can be assumed that the President of the Russian Federation appoints, but this is not so. The elected deputies elect the chairman from among the candidates by secret ballot. Each faction nominates its own candidate. Elections are considered valid if at least 50% of the votes are cast for one candidate. Otherwise, the second stage is appointed, in which 2 candidates who have received the maximum number of votes take part.

Who appoints the prosecutor

The prosecutor's office is centralized system headed by the Attorney General. According to Art. 129 of the Constitution of the Russian Federation, the Prosecutor General represents the highest level of judicial power.

It seems that the President of the Russian Federation appoints prosecutors for different levels, but, in fact, the head of state can propose a candidate for the position of chief prosecutor of the Russian Federation. The decision on who will take this position remains with the Federation Council, which can approve or reject the proposed candidate.

The Prosecutor General is responsible to the people and takes an oath on the Constitution of the Russian Federation before the Federation Council. The prosecutor has the title of Chief Counsel for Justice.

Elections of the Federal Assembly of the Russian Federation

The Federal Assembly in Russia is the highest authority. Who is appointed by the President of the Russian Federation in this structure?

The Federal Assembly takes a decisive role in the creation of laws, can address the head of state or draw up a statement.

The Federal Assembly consists of the State Duma and the Federation Council. From each subject of the Russian Federation, the Federation Council includes 2 representatives. The president appoints representatives of the Russian Federation to the upper house of the federal assembly of the Russian Federation, who make up to 10% of the members of the upper house.

Meetings of the Federation Council and the State Duma are held separately, the same person cannot work in both chambers of the Federal Assembly. But sometimes there are situations in which all deputies get together:

when hearing messages from the president;
when the heads of other states speak;
when hearing the message of the Constitutional Court.

When drawing up laws in the State Duma, they go through several readings. Further, the law must be approved by the Federal Assembly. The President signs the law or vetoes it. Collaboration of all authorities contributes to the development of the state.

2. 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, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities.

3. The President of the Russian Federation, in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state.

4. The President of the Russian Federation, as head of state, represents the Russian Federation within the country and in international relations.

1. The President of the Russian Federation is elected for a term of six years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.

2. A citizen of the Russian Federation not younger than 35 years of age who has permanently resided in the Russian Federation for at least 10 years may be elected President of the Russian Federation.

3. The same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.

4. The procedure for electing the President of the Russian Federation is determined by federal law.

1. Upon taking office, the President of the Russian Federation takes the following oath to the people:

"I swear, when exercising the powers of the President of the Russian Federation, to respect and protect the rights and freedoms of man and citizen, to observe and protect the Constitution of the Russian Federation, to protect the sovereignty and independence, security and integrity of the state, to faithfully serve the people."

2. The oath is taken in a solemn ceremony in the presence of members of the Federation Council, deputies of the State Duma and judges of the Constitutional Court 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) decide on the resignation of the Government of the Russian Federation;

d) submit to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; puts before the State Duma the issue of dismissal of the Chairman of the Central Bank of the Russian Federation;

e) on 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, federal ministers;

f) submit to the Federation Council candidates for appointment as judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints judges of other federal courts;

f.1) submit to the Federation Council candidates for appointment to the position of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation; submit proposals to the Federation Council on the dismissal of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation; appoints and dismisses prosecutors of constituent entities of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, regions and prosecutors equivalent to them;

g) forms and heads the Security Council of the Russian Federation, the status of which is determined by federal law;

h) approve the military doctrine of the Russian Federation;

i) forms the Administration of the President of the Russian Federation;

j) appoint and dismiss authorized representatives of the President of the Russian Federation;

k) appoint and dismiss 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.

President of Russian Federation:

a) calls elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;

b) dissolve the State Duma in the cases and in the manner prescribed by the Constitution of the Russian Federation;

c) calls a referendum in accordance with the procedure established by the federal constitutional law;

d) submit 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.

1. The President of the Russian Federation may use conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation. In case of failure to reach an agreed solution, he may refer the dispute to the appropriate court.

2. The President of the Russian Federation has the right to suspend acts of the executive authorities of the constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution of the Russian Federation and federal laws, international obligations of the Russian Federation or violation of the rights and freedoms of man and citizen until this issue is resolved by the appropriate court.

President of Russian Federation:

a) directs the foreign policy of the Russian Federation;

b) negotiates and signs international treaties of the Russian Federation;

c) signs the instruments of ratification;

d) accept letters of credence and recall from diplomatic representatives accredited to him.

1. The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.

2. In the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation shall introduce martial law on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federation Council and the State Duma.

3. The regime of martial law is determined by the federal constitutional law.

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

President of Russian Federation:

a) resolves issues of citizenship of the Russian Federation and granting political asylum;

b) bestow state awards of the Russian Federation, confer honorary titles of the Russian Federation, higher military and higher special ranks;

c) grants pardon.

1. The President of the Russian Federation issues decrees and orders.

2. Decrees and orders of the President of the Russian Federation are binding on the entire territory of the Russian Federation.

3. 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 enjoys immunity.

1. The President of the Russian Federation begins to exercise his powers from the moment he takes the oath and terminates their exercise with the expiration of his tenure in office from the moment the newly elected President of the Russian Federation takes the oath.

2. The President of the Russian Federation terminates the exercise of his 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, the election of the President of the Russian Federation must be held no later than three months from the date of early termination of the exercise of powers.

3. 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 revision of the provisions of the Constitution of the Russian Federation.

1. The President of the Russian Federation may be removed from office by the Federation Council only on the basis of an accusation brought by the State Duma of high treason or the commission of another grave 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 the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.

2. 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 votes of the total number in each of the chambers on the initiative of at least one-third of the deputies of the State Duma and subject to the conclusion of a special commission formed by the State Duma.

3. The decision of the Federation Council to remove the President of the Russian Federation from office must be taken no later than three months after the State Duma charges against the President. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered dismissed.