What is the institution of the presidency. Coursework: Institute of Presidency in the Russian Federation

Introduction

In modern conditions, a typical head of state with a republican form of government is the president. The institute of presidency is an integral element of the political system in 150 countries of the world. It exists in many countries in Europe, Asia, Africa, North and South America. At the same time, each of these states is characterized by its own specific features, its own kind of republican form of government, and depending on this, the status and powers of the president in this state will be qualitatively different.

The term "president" comes from the Latin praesidens, which means "sitting in front", that is, presiding over an assembly.

Historically, the homeland of the presidency was the United States, where the president in one person was both head of state and head of government. From the United States, the institution of the presidency spread to Latin American countries, and among European countries, France and Switzerland were the first to introduce the office of president simultaneously in 1848. But this institution became most widespread in the 20th century, during the collapse of colonial empires and the formation of many independent states, most of them who chose a presidential form of government. one

Foreign practice testifies to the special significance of the institute of presidency in the political life of the state. The prerogatives of the President allow him to exert a huge influence on the socio-political processes in the country. In democratic countries, he is entrusted with the function of the leading guarantor of the stability of the foundations of the constitutional order. In accordance with the special status and powers of the President, he also has a special responsibility for maintaining the rule of law and public welfare.

The institute of presidency has existed in Russia since 1991. The decision to introduce this institution into the Russian state system was made at a nationwide referendum held in April 1991, and on June 12 of the same year B. N. Yeltsin was elected to this post by popular vote. At the beginning of its evolution, the institution of the presidency differed significantly from the modern one. It was created with the aim of restoring the authority of state power and strengthening the executive branch, which enforces the laws in the country. 2

The law “On the President of the RSFSR” dated April 24, 1991 had only 11 articles. Some of them are similar to those currently in force, while others have lost their legal and practical significance. In this law, the President was characterized as the highest official and head of executive power in the RSFSR. Thus, the status of the President consisted of 2 main components: he was both the de facto head of state and the constitutional head of the executive branch. However, in this form, the institution of the presidency did not last long. The constitutional crisis, which ended with the events of October 3-4, 1993, led to the adoption of a new Constitution, which defined the status and powers of the President in a different way. The law "On the President of the RSFSR" was recognized by the President's decree as invalid and unenforceable as contrary to the Constitution.

The 1993 constitution established a new system of public authorities. The American model of a presidential republic was rejected, where the president combines the post of head of state and head of government in one person. The choice was made in favor of the French model of a mixed, semi-presidential republic, in which there is a division of functions between two officials - the head of state and the head of government. 3

Thus, the post of the President is an innovation for the Russian Federation. Therefore, the analysis of the institution of presidency in the system of state power in Russia is a topical direction in state-legal research.

The purpose of my work was to characterize the status of the President of the Russian Federation, the procedure for holding his elections and the powers of the President in various areas; identify the features of the institution of presidency in Russia and draw a conclusion about the significance of this institution in the political life of the state.

Chapter 1.

Status of the President of the Russian Federation

The President, as a state institution, occupies a special, specific position, covering the entire wide range of issues of national importance with his activities. 4 His special position is also reflected in the structure of the Constitution, in which the description of the system of state bodies begins with the chapter on the President.

The foundations of the status of the President of the Russian Federation are enshrined in Art. 80 of the Constitution of the Russian Federation. The President is the head of state. In constitutional law, the concept of the head of state is not precisely and unambiguously defined. The constitutions of many foreign states do not use this term at all, and the powers of the head of state may be determined by established constitutional practice. But usually the head of state is the person who embodies the idea of ​​this state, both in the internal affairs of the state and in international relations. 5 It can be called a symbol of the state and the official representative of the whole people.

The President is the guarantor of the Constitution of the Russian Federation. He controls the observance of constitutional norms by all state bodies. He vetoes laws that do not comply with the constitution, suspends the acts of the executive authorities of the constituent entities of the Russian Federation. He is vested with the right to cancel the orders and resolutions of the Government. Finally, he can perform the function of the guarantor of the Constitution not only personally, but also by applying to the competent authorities - primarily the courts. The President has the right to send inquiries to the Constitutional Court on the constitutionality of various normative legal acts and to apply to the Constitutional Court on issues of interpretation of the Constitution. 6

The President is entrusted with the function of the guarantor of the rights and freedoms of man and citizen. He implements this function in his personal activities, issuing decrees and submitting bills to the State Duma as a legislative initiative. Decrees and laws can be aimed at protecting the legal status of the individual as a whole or regulate the status of certain groups of the population: pensioners, military personnel and other groups of the population in need of state protection. Under the President there is a commission on human rights. 7

The President is called upon to take the necessary measures to protect the sovereignty of the Russian Federation, its independence and state integrity. The protection of sovereignty, independence, security and integrity is the direct responsibility of the President, named in the oath, which he takes upon taking office.

The Minister of Defense and the General Staff report directly to the President. Thus, the principle of unity of command and centralization of control operates in the leadership of the Armed Forces.

The most important task of the President is to ensure the coordinated functioning and interaction of state authorities. The 1993 Constitution established for the first time that state power in Russia, both at the federal level and at the level of subjects of the federation, is exercised on the basis of a division into legislative, executive, and judicial. This raises the question of the nature of presidential power. In foreign countries, if the form of government is a presidential republic, then the president performs the functions of the head of government, that is, he has executive power. The peculiarity of the status of the President of Russia lies in the fact that he is not assigned by the Constitution to any of the branches of power. Therefore, speaking about the imperfection of the current Constitution, many researchers cite as an argument that the President is taken out of the framework of the separation of powers, he rises above all branches of state power, and thus legitimacy is given to his omnipotence. 8 However, the provisions of the Constitution do not imply the exclusivity of the position of the President in the system of public authorities. He stands above other branches of power, while not concentrating the powers of other branches in his hands, but being only an arbiter in relations with them. nine

The status of the President can only be considered in close conjunction with the system of separation of powers. It is entrusted with the function of ensuring the unity of state power. The unity of power exercised by different bodies lies in the unity of goals and actions on fundamental issues of state policy. 10 At the same time, the very existence of several authorities in the state system implies their differences and mutual limitations. Each of them performs its functions and is endowed with its own powers, beyond which it has no right to go. Naturally, the three authorities, carrying out their activities simultaneously, cannot avoid contradictions. They must be resolved democratically, on the basis of the law. eleven

In young democratic countries, where the institutions of civil society and democracy are not yet sufficiently developed and have not yet taken shape, the problem of constitutional cooperation and interaction between authorities becomes especially acute and painful. Instead of cooperation, there is often a confrontation between the authorities, which is expressed in “ cold war”between the president and parliament, which also happened in Russia. 12 As a result of such serious conflicts, the entire system of power becomes unstable and unsustainable. But the separation of powers is intended to streamline the work of state bodies, and not stop it even for a minimum period. 13 Therefore, there are special mechanisms that ensure the coordination and coherence of the activities of all public authorities. These mechanisms are necessary precisely in order to prevent differences from turning into open conflicts that impede the functioning of state institutions, or into direct confrontation with the use of force. fourteen

The President has specific means to resolve conflicts and disagreements between state bodies. One of the most effective and frequently used means in practice is conciliation procedures, which provide an opportunity to regulate relations between various public authorities. Conciliation procedures are designed to provide solutions to problems without resorting to coercion. The essence of such procedures is to find compromise solutions that satisfy all disputing parties, and ultimately to reach mutual agreement. 15 In all such cases, the President plays the role of an arbiter; he acts not as one of the parties to the conflict, but as a national authority.

Since the concept of conciliation procedures is not deciphered in the Constitution, the President is given freedom in their choice. The use of conciliation procedures is entirely built on optionality. First, you can choose any type of procedure that seems most appropriate in this particular case and suits both parties. Secondly, the procedures themselves are informal.

Direct negotiations are the most commonly used type of conciliation procedures. In some cases, they help not only to get out of the conflict situation, but even to prevent the conflict itself. To overcome the disagreements that have arisen, mixed commissions are created, which include representatives of the disputing parties. The participation of the President is manifested in the fact that he organizes negotiations and forms conciliation commissions. Thus, in 1996 there were commissions on the issue of changing the Criminal Code, on the issue of the budget. 16 There are other forms of procedures, such as the establishment of arbitration courts.

Conciliation procedures are a universal tool for resolving contradictions and can be used by the President in almost all cases of discovery of disagreements. If, nevertheless, they do not lead to the adoption of an optimal solution, the President can refer the resolution of disputes to the appropriate court, and then the conciliation procedure is replaced by a judicial one. 17

Ensuring the interaction of authorities can also be attributed to the President's sending his comments to the parliament, which subsequently avoids the need to use the presidential veto. There are also procedures for the joint formation of a number of central bodies of the state. For example, the composition of the CEC of the Russian Federation is appointed on an equal footing by the President, the State Duma and the Federation Council.

Thus, the President is entrusted with a conciliatory, mediating function, and in the system of organizing power, he is assigned the role of an arbitrator.

The President determines the main directions of the domestic and foreign policy of the state. It must be said that this norm is of a general nature and provides the President with very wide opportunities for its implementation. In the constitutions of foreign states, such norms are usually not found.

The main directions of domestic and foreign policy are determined in the annual message of the President to the Federal Assembly. The implementation of these main policy directions, their implementation is the right and duty of the authorized bodies of legislative and executive power. eighteen

Finally, the President, as head of state, represents the Russian Federation within the country and in international relations. The fact that the President “represents the Russian Federation” means that he does not need any kind of authentication of his powers. He has the right to recognize, on behalf of his state, the text of an international treaty or give the consent of the state to be bound by the treaty. The President is given the opportunity to actively influence foreign policy and implement certain political guidelines himself. 19

In political relations, the President can act in different capacities. When concluding an agreement between a federal state authority and an authority of a subject of the federation, as well as in a number of other intra-federal relations, it acts on behalf of the federal authorities. In determining the tasks of a unified system of executive power in the Russian Federation, he represents the state as a whole, including all its subjects.

The President performs the functions assigned to him by the Constitution, first of all, personally, but can also act through his representatives in the federal authorities and in the subjects of the federation.

The Decree of the President of the Russian Federation of August 5, 1996 defines the symbols of presidential power: the sign of the President of the Russian Federation and a specially made single copy of the official text of the Constitution of the Russian Federation. The President also has the right to a standard (flag), the original of which is in his office, and the duplicate is raised over the residences of the President during his stay in them.

The President of the Russian Federation has immunity (Article 91). During the exercise of his powers, no one has the right to use physical or mental violence against him, detain him, search him, arrest him, interrogate him, bring him to any kind of responsibility, forcibly bring him to court as a witness. Finally, he cannot be either overthrown or removed from his duties (according to Article 278 of the Criminal Code of the Russian Federation, an attempt to seize power by force is a crime). Unlike deputies, deprivation of the President's immunity is not provided. twenty

The President terminates the exercise of his powers upon the expiration of his term of office. The moment of expiration of the term of office is considered to be the swearing in of the newly elected President of the Russian Federation.

The Constitution indicates 3 cases of legal early termination of the exercise of the powers of the President.

1. Resignation, which is understood as voluntary resignation from the post with the signing of an application announcing the resignation of the post. In this case, the duties of the President are temporarily assumed by the Chairman of the Government. Resignation must be final: the President can no longer withdraw his resignation and return to office. 21 From the moment the President himself announces his resignation, his powers are automatically terminated ahead of schedule. Such a case took place in Russian state practice, when President B.N. On December 31, 1999, Yeltsin announced his resignation, and the execution of his powers was temporarily entrusted to Prime Minister V. V. Putin.

2. Termination of the exercise of powers for health reasons. There are two options here.

BUT). The president is seriously ill, but is in a clear mind and is able to make an informed decision on his own. Then, with a persistent inability to exercise his powers for health reasons, the President terminates their exercise, which in essence is the same resignation, but with an indication of a specific reason.

B). There are situations when the President is not able to make a decision himself (he is in an unconscious state or there are reasons to doubt his clarity of mind and ability to make informed decisions). In this case, to resolve the issue of early termination of powers, a special authoritative medical opinion is required. 22

If the state of health only temporarily prevents the President from performing his duties, then they are performed by the Chairman of the Government until such time as the President is able to assume them. For example, when President Yeltsin was about to undergo heart surgery, on September 19, 1996, he issued a Decree “On the temporary performance of the duties of the President of the Russian Federation”. The decree established that in connection with the forthcoming surgical operation for the President, in order to ensure the conditions for the continuous exercise of state power and in accordance with Part 3 of Art. 92 of the Constitution, “the temporary performance of the duties of the President of the Russian Federation is carried out by the Chairman of the Government of the Russian Federation V. S. Chernomyrdin in full, including the authority to control strategic nuclear forces and such nuclear weapons.” Ensuring the activities of the acting President is carried out in accordance with the established procedure by the Presidential Administration.

3. Removal of the President from office. When the post of President of the RSFSR was introduced in 1991, the basis for his removal from office could be his violation of the Constitution and laws of the RSFSR, the oath given to him. The current Constitution has significantly narrowed such grounds, making the removal of the President practically impossible. Art. 93 lists as grounds only high treason or the commission of another grave crime. The Constitution also describes the procedure for dismissal. For its implementation, several conditions must be met. A proposal to bring charges is submitted by the deputies of the State Duma, and the initiative must come from at least one third of the deputies. The proposal must contain specific indications of the elements of the crime imputed to the President. Then, in accordance with the regulations of the chamber, the proposal to bring charges is sent for the conclusion of a special commission formed by the State Duma and designed to assess compliance with the procedural rules and the factual validity of the charges. The commission consists of a chairman, a deputy chairman and 13 members from all factions and deputy groups. 23 The decision to bring charges is taken by two-thirds of the votes of the total number of deputies.

The accusation of the State Duma must be confirmed by the conclusion of the Supreme Court on the presence of elements of a crime in the actions of the President and the conclusion of the Constitutional Court on compliance with the established procedure for bringing charges (Article 93, paragraph 1).

The decision to dismiss the President from office is made by the Federation Council also by two-thirds of the votes of the total number of members within 3 months after the State Duma charges. If the Federation Council fails to make an appropriate decision within this period, the accusation shall be considered dismissed. Thus, the most competent bodies in this matter - both chambers of the Federal Assembly, the Supreme Court, the Constitutional Court - are jointly involved in the procedure for removing the President from office, which is a guarantee of protecting the President from the arbitrariness of individual authorities.

Impeachment is a very strong means of influence on the President by the Parliament, aimed at preventing abuse of power and violation of the Constitution by the head of state. The removal of the President from office automatically entails the termination of his powers. The President loses his immunity and can be prosecuted in the usual way. It should be noted that the impeachment procedure establishes only the political responsibility of the President and does not release him from criminal liability for a grave crime committed. 24

As already noted, in all cases of the President's inability to fulfill his duties, they are temporarily performed by the Chairman of the Government (Article 92, Part 3). There are some restrictions on his powers: he does not have the right to dissolve the State Duma, call a referendum, make proposals for amendments and revision of the Constitution. These restrictions are due to the fact that the acting officer is not popularly elected, unlike the President.

The election of a new President must be held no later than 3 months after the early termination of the powers of the President.

Chapter 2

Elections of the President of the Russian Federation

Presidential elections are a major event in the political life of the country.

The procedure for holding elections of the President of the Russian Federation is determined by the Constitution of the Russian Federation and the Federal Law “On the Election of the President of the Russian Federation” of May 17, 1995. Any electoral process in Russia is also regulated by the Federal Law “On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation” of December 6, 1994, the provisions of which are applicable to the election of the President.

According to Art. 81, part 1 of the Constitution, “The President of the Russian Federation is elected for four years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.” The right to elect the President is given to all citizens who have reached the age of 18 on the election day. Only incompetent citizens and persons who are in places of deprivation of liberty by a court verdict are excluded from participation in elections (FZ “On Basic Guarantees ...”, Article 4). Each voter has one vote, i.e. the elections are equal. The participation of citizens in elections is voluntary.

The Constitution establishes certain requirements for a candidate for the post of President of the Russian Federation. A citizen of the Russian Federation not younger than 35 years old, who has been permanently residing in the country for at least 10 years, can be elected to this position (Article 81, part 2). Thus, the requirements for the candidate are minimal: there is not even an indication of the need special education or work experience. There is no upper age limit for the candidate. It is required that he be a citizen of the Russian Federation, but it is not said that citizenship must be acquired by birth. Therefore, we can conclude that, theoretically, a naturalized citizen of Russia can also become President. A ten-year period of residence in the Russian Federation also seems quite reasonable: a candidate for such a high state post should be well acquainted with the situation in the country. A small number of requirements for candidates contributes to the expansion of the circle of possible contenders for the presidency and testifies to the democratic nature of the elections. 25

The President of Russia can be re-elected for a second term, but after that he cannot participate in elections for the third time in a row. It is allowed for a person to exercise the powers of the President during the third and fourth terms only after a break.

Presidential elections are held in a single federal electoral district, including the entire territory of the Russian Federation (FZ “On the Election of the President of the Russian Federation”, Article 5), according to the majority system of an absolute majority. The electoral legislation regulates in detail all the sitting relations that arise in connection with the election of the President, and provides the necessary conditions for the exercise of the electoral rights of citizens. The law lists all the stages of the electoral process, precisely sets their sequence and duration. The election campaign consists of the following stages.

1. Appointment of presidential elections (art. 4). The date of the elections is set by the Federation Council, and a resolution of the Federation Council is issued, which must be officially published in the media. Elections are usually scheduled for the first Sunday after the expiration of the constitutional term of office of the previous President. If the Federation Council for some reason does not call elections on time, then this responsibility is assigned to the Central Election Commission (CEC). Elections in this case are held on the first Sunday of the month following the month in which the powers of the previous President cease. If the President leaves his post before the expiration of the period established by the Constitution, early elections are organized.

Elections are called no later than 4 months before they are held in order to allocate sufficient time for their organization and successive passage of all stages.

2. Formation of election commissions, whose tasks include the preparation and conduct of elections, the exercise of control over the observance of the electoral rights of citizens. The system of election commissions includes several levels: the CEC, election commissions of subjects of the federation, territorial (district, city, etc.) and precinct election commissions (Article 10).

Commissions exercise their powers based on the principles of collegiality and publicity, regardless of state authorities and local self-government (Article 5).

The composition of election commissions may include 1 representative from each registered presidential candidate, which allows the candidate to be informed about the work of the commissions and exercise control over their objectivity and impartiality. Such committee members have an advisory vote. 26

3. Nomination and registration of candidates. The law “On Elections of the President of the Russian Federation” describes in detail the procedure for nominating candidates for the post of President, establishes the procedure for their registration and determines the status of a candidate. The right to nominate a candidate is vested in electoral associations, electoral blocs and initiative groups of voters in the amount of at least 100 people (Article 6). All these subjects participate in elections on an equal footing. An electoral bloc is formed from 2 or more public associations in order to jointly participate in elections and nominate one common candidate. For electoral associations and blocs, it is established that the candidate is approved at the congress or conference of the association or bloc. Only one candidate can be nominated from each union or bloc (Article 32).

After that, the collection of signatures in support of the candidate begins. Each electoral association, block, initiative group of voters is required to collect at least 1 million signatures, of which 1 subject of the federation should not account for more than 7% (Article 34). The meaning of this procedure is that it helps to determine the level of fame and popularity among voters throughout the country. As a result of the collection of signatures, random, little-known candidates are automatically screened out, who are obviously incapable of gaining any significant percentage of votes in the elections. 27

Upon completion of the collection of signatures, the signature lists are submitted to the CEC along with a number of other documents: the final protocol, the candidate's statement of consent to run for the presidency, the candidate's income declaration for the 2 years preceding the election year. All these documents must be submitted to the CEC no later than 60 days before the elections.

The CEC examines the documents, checks the authenticity of the collected signatures, and no later than 50 days before the election day makes a decision on the registration of a candidate or a reasoned decision to refuse registration. This decision, in case of disagreement with it, can be appealed to the Supreme Court (Article 35).

Information about the candidate is provided to the media within 2 days after registration.

The Federal Law "On Basic Guarantees of Citizens' Electoral Rights" establishes the principle of mandatory alternative elections. In accordance with this principle, if less than 2 candidates are registered by the deadline, the CEC will postpone the elections for 60 days.

All registered presidential candidates are vested with equal rights and obligations (Article 36). If the candidate is in the state or municipal service, from the date of registration he is released from his official duties. This provision does not apply only to the re-elected President or the Chairman of the Government, acting President temporarily. Applicants are also instructed to leave their jobs in the media. The re-elected President is not entitled to take advantage of his official position. The status of a candidate for the post of President is characterized by certain benefits and privileges. Candidates are provided with monetary compensation, free travel to public transport etc. The CEC pays for their election trips within Russia. In addition, the candidate acquires immunity. This means that he cannot be prosecuted, arrested or subjected to administrative penalties imposed by a court without the consent of the Prosecutor General. The Prosecutor General is obliged to immediately notify the CEC of this (art. 37).

4. Election campaign. Registered presidential candidates are getting active in explaining to voters their program of action as President. In this regard, the law guarantees equal opportunities for all candidates. Unhindered campaigning is ensured in compliance with the norms of the law (Article 7). Candidates can use the maximum variety of forms of campaigning: publications in the press, appearances on television and radio; holding such events as meetings, meetings with voters, public preliminary debates, discussions, rallies, processions, demonstrations; production and distribution of printed, audiovisual and other materials. However, with all the breadth of possibilities, the legislation provides for a number of restrictions and prohibitions. It is unacceptable to conduct campaigning by state authorities and local self-government, their officials in the performance of their official duties, military institutions and organizations, members of election commissions, etc. (Article 38). Campaigning accompanied by the payment of money or promises of material rewards is prohibited. 28

As for the content of campaign materials, it is prohibited to abuse the freedom of the mass media, calls for a violent change in the foundations of the constitutional order and violation of the integrity of the Russian Federation, propaganda of social, racial, national, religious superiority (Article 39).

With regard to the timing of the election campaign, it is determined that it begins on the day of registration of a candidate and ends at 0.00 local time on the eve of the day preceding the election day (Article 38). This rule is aimed at eliminating any pressure on the voter in the last days before the elections and giving him the opportunity to make an informed decision on his own based on his personal beliefs and interests.

The financing of the election campaign is carried out at the expense of funds federal budget. In addition, candidates create their own election funds to finance their election campaign (Article 8). The law contains certain restrictions related to the inadmissibility of foreign interference in Russian political processes. Thus, donations to election funds of foreign citizens, organizations, international bodies and social movements are not allowed (Article 45).

Voting takes place on a non-working day, from 8.00 to 22.00 local time. Citizens of the Russian Federation are provided with the opportunity to vote regardless of where they are on election day. To this end, polling stations are formed not only at the place of permanent residence of voters, but also in their places of temporary residence (sanatoriums, hospitals, etc.), in remote, hard-to-reach areas, on ships at sea, and also abroad. Voters can, if necessary, obtain an absentee ballot for the right to participate in elections in order to vote outside their place of residence. In some cases early voting is allowed. For voters who cannot come to the polling station, the election commission must have portable ballot boxes (art. 51).

Each voter votes individually. He is given the opportunity to use the booth for secret voting, where no one else can enter without his desire. In order to better inform voters, the precinct commission draws up a stand containing materials about all candidates. In addition, a sample of how to fill out a ballot paper should be posted (Article 49).

Special measures are being taken to prevent possible abuses and violations of the law in the process of expressing the will of citizens. Accurate records are kept of the number of ballots issued and the number of voters who voted. 29

6. Counting of votes and establishment of voting results. After the end of voting, a thorough count of the votes of voters is carried out first in precinct election commissions, then these data are summarized in turn in all higher election commissions, and the CEC determines the overall election results no later than 15 days after election day. Elections are considered valid if at least half of the registered voters took part in them. A candidate who receives more than half of the votes of the voters participating in the elections is considered elected (Article 55).

If more than 2 candidates were listed on the ballot, it is possible that none of them receives the required majority of votes. Then none of them is considered elected, and a second vote is scheduled for 2 candidates who received the largest number of votes. The second round of elections is held no later than 15 days after the establishment of the general election results. Such a situation developed in practice in 1996, when, as a result of the first round of elections, none of the candidates who ran did not receive an absolute majority, and a second round of elections was organized, in which the holders of the largest number of votes, B. Yeltsin and G. Zyuganov, participated.

The popularly elected President takes office 30 days after the official announcement by the CEC of the election results. The solemn entry into office is accompanied by the taking of an oath, the text of which is fixed in the Constitution. Subsequently, he performs his powers until the moment the newly elected President takes office (Article 60).

The consolidation in the Constitution of the universal nature of presidential elections was a progressive phenomenon for Russian democracy, since for the first time in the history of Russia the highest state post became elective, and the whole people began to participate in the election of the head of state. Of great importance for democratic development is also the alternative nature of the elections and the permitted pre-election struggle.

The fact that the President receives his mandate directly from the people, through universal, equal, direct elections, makes him truly independent from other authorities, justifies his broad powers in many areas and gives him the opportunity to exercise real power. thirty

Chapter 3

Powers of the President of the Russian Federation

The powers of the President arise from his functions and represent the specific rights and duties of the head of state on issues within his competence. Those powers that are inherent only to the President and are not shared by him with the Parliament, the Government and the judiciary, are called his prerogatives. 31

The President has broad powers in the field of personnel policy. His participation in the formation of state bodies can manifest itself in different ways. The Constitution provides for several options for the appointment of senior officials, in which, as a rule, more than one body participates: appointment by nomination; after consultation with the relevant federal government agencies or at their suggestion; proposal by the President of a candidate for appointment to the Federation Council. 32

The Prime Minister is appointed with the consent of the State Duma. The proposal on the candidature of the Prime Minister must be submitted by the President within 2 weeks after taking office or resignation of the Government. Consent is formalized in the form of a resolution, which is adopted by a majority vote of deputies. If the first candidate in the State Duma was rejected, then a proposal for a new candidate is submitted within one week. This ensures the continuity of the work of the Government as the bearer of the supreme executive power in the country.

The participation of the President in the formation of the Government is also expressed in the fact that he appoints and dismisses deputy chairmen and federal ministers. Thus, the President and the Prime Minister jointly form the composition of the Government.

The decision to dismiss the Government is made by the President alone, without the participation of the State Duma.

Together with this chamber, the issue of appointing and dismissing the Chairman of the Central Bank of the Russian Federation is being resolved in order to guarantee the independence of the Central Bank from other authorities.

The President and the Federation Council participate in the formation of the composition of the Constitutional Court, the Supreme Court and the Supreme Arbitration Court of the Russian Federation, as well as in the appointment of the Prosecutor General of the Russian Federation. At the same time, the President 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, and the proposal is made by the President.

The head of state himself is directly involved in the appointment to a number of government posts and dismissal from them. This applies to judges of all other federal courts (except those listed), to the plenipotentiaries of the President. Sometimes special representatives are appointed to participate in the consideration of bills submitted by the President to the State Duma. 33

The President appoints and dismisses the high command of the Armed Forces of the Russian Federation, since he is the Supreme Commander-in-Chief ex officio. He also appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations. This right is exercised after consultations with the relevant committees and commissions of the chambers of the Federal Assembly, whose competence includes foreign policy issues. The need for consultations does not mean that the decisions of these committees and commissions must be implemented.

Usually, when appointing officials, the President can use the advice of the relevant ministers: in relation to the high command of the Armed Forces - the Minister of Defense, in relation to diplomatic representatives - the Minister of Foreign Affairs. Candidates for the positions of judges of the Supreme Court are presented by the Chairman of the Supreme Court. 34

In interaction with the parliament, the President has various powers in relation to the State Duma and the Federation Council, taking into account the specialization of the activities of the chambers, their constitutional independence and the qualitatively different composition of their representatives.

One of the main means of communication between the head of state and parliament is the annual message of the President to the Federal Assembly, which is heard at a joint meeting of both chambers. The message is a policy document that deals with the current situation in the country and defines the main directions of domestic and foreign policy. The Message of the President is not a normative act that is binding on public authorities. For the parliament, it serves as a guideline in the forthcoming legislative activity, and for the executive bodies it is of a directive nature. Therefore, although the message is addressed to the Federal Assembly, the task of its implementation lies with the Government, which is responsible for the implementation of the main policy directions.

The topics and structure of the message are not rigidly established and are determined by the President depending on the political situation in the country, the most pressing problems of the current period and his vision of the future. The law makes only some requirements for the instructions that should be contained in the first message of the President after taking office. 35

The President takes an active part in the legislative process. First of all, he is endowed with the right of legislative initiative. The bills of the President, submitted by him for consideration by the State Duma, are considered a priority in the program of lawmaking. Representatives of the President, who are called upon to express his interests and explain his position to deputies, participate in the discussion of these bills in the chambers of parliament. 36 In the event of disagreements, conciliation commissions are created, which include representatives of the President, the State Duma, and the Federation Council.

The President of the Russian Federation calls the elections of the State Duma (Article 84, paragraph a), while he must adhere to the deadlines for re-elections of deputies specified in the law to ensure the continuous functioning of the legislative power in the country. 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. This also applies to the appointment of early elections to the Duma after its dissolution (Article 109, paragraph 2).

An important means of influencing the President on the parliament is his right to dissolve the State Duma. The Constitution provides for 2 cases when the lower house can be dissolved, and the grounds for dissolution are always associated with distrust of the Government: three times the rejection of the candidates presented by the Chairman of the Government (Article 111) and the repeated expression of no confidence in the Government within 3 months (Article 117). In the latter case, the dissolution of the State Duma is not mandatory: as an alternative, the President may announce the resignation of the Government.

The right to dissolve the State Duma is limited in time. B. The Constitution lists all cases where dissolution is not allowed.

1. In case of repeated expression of no confidence in the Government, the Duma cannot be dissolved within 1 year after its election. During this period, the chamber does not need to confirm the legitimacy of its power through elections, since the population has just expressed its support for the elected candidates.

2. The Duma cannot be dissolved from the moment an accusation is brought against the President until the appropriate decision is made by the Federation Council.

3. The Duma should not interrupt its work during the period of martial law or state of emergency throughout Russia, so that in such a difficult situation the country would not lose legislative power.

4. The dissolution of the State Duma is also not allowed within 6 months before the expiration of the term of office of the President.

This list of grounds for the dissolution of the chamber cannot be expanded - thus, the arbitrariness of the President and the executive branch and their uncontrolled actions in the absence of a legislative body are prevented. 37

The President also has some powers at the final stage of the legislative process: he signs and promulgates federal laws. An effective tool The influence of the head of state on the legislature is the right of the presidential veto, which means the return by the President of federal laws to parliament for reconsideration. This right is not new in constitutional law. It was already provided for in the US Constitution of 1787.

Laws returned by the President are considered by the chambers as a matter of priority. Mandatory participation in the meeting and a speech by the representative of the President are envisaged. As a rule, deputies are attentive to the comments made by representatives of the President. The opinion of the relevant committee or commission of the chamber is also heard. After that, one of two decisions can be made:

1. The Chamber adopts a law as amended by the President - this requires more than half of the votes of the total number of deputies.

2. The law is re-adopted in the previously adopted edition - at least two-thirds of the total number of deputies (qualified majority) must vote for this decision. Such a requirement makes the President's veto difficult to overcome.

To overcome disagreements between the State Duma and the President, conciliation commissions can be created, which, taking into account the wishes of both parties, develop a compromise version of the law. For its adoption, it is sufficient to approve it by a simple majority of votes. The work of conciliation commissions at the final stage of the adoption of a law is very effective: as a rule, the President does not reject laws prepared in this way. 38

There can be many motives for using the right of suspensive veto: poor quality of legal technique; contradiction of the laws of the Constitution and other federal laws; the absence of the Government's opinion on bills providing for additional appropriations from the federal budget. The reasons for the rejection of laws can be of a different nature.

The positive value of the presidential veto lies in the fact that it stimulates the improvement of the quality of laws and contributes to the elimination of conflicts and defects in the legislation. 39

In Russian practice, a peculiar procedure has also developed for the President to return federal laws to parliament without consideration. Such actions are motivated by the violation of one of the chambers of procedural requirements enshrined in the Constitution. On the one hand, this ensures compliance with the established procedure for adopting laws. But, on the other hand, by returning laws without consideration, the President has the opportunity to slow down the adoption of laws that are inconvenient for him, since the parliament has no means to overcome such a veto. 40 This has given rise to calling the rejection of laws without substantive consideration the right of the “absolute veto of the President”. 41 However, in accordance with the decision of the Constitutional Court, such a return of laws in Russian practice is not treated as a kind of veto.

Interaction with the legislature can also include the right of the President to call a referendum in the manner prescribed by the Federal Constitutional Law. This right provides him with an active position in carrying out reforms. 42

A significant part of the powers of the head of state are powers in the field of executive power. Although the Constitution does not name the President as the head of the executive branch, in his activities he is most closely associated with this branch of power. First, the President actively participates in the formation of the Government and announces his resignation. Secondly, he has the right to preside over meetings of the Government. Regular meetings of the President and the Head of Government are held.

Despite the fact that, according to the Constitution, the Government and its ministers are headed by the Prime Minister, the President is directly subordinate to the Ministry of Foreign Affairs, the Ministry of Defense and a number of other federal law enforcement agencies. The heads of these departments, who are part of the Government, report not to the Prime Minister, but directly to the President. 43 He performs the role of a kind of supervisory authority in relation to the Government, using his right to cancel the decisions of the Government.

Since many powers of the President are of an executive nature, it seems that two independent bodies are simultaneously at the head of a single system of executive power. In the legal literature, this is referred to as the dualism of the executive branch. 44 There is a problem of delimitation of powers and prevention of duplication of activities of state bodies. Uncertainty in the organization of executive power leads to its weakening and reduction of its authority. It must be said that this problem is not unique to Russia. It is more or less acute in all countries where there is a post of president and prime minister. 45 To solve this problem, it is necessary to detail the powers and clarify the responsibilities of each of the bodies.

In general, the activities of the President as head of state cover a wider area. It ensures the unity of all state power, performs an integrating function, and its coordinating influence should be evenly distributed to all branches of power. Administrative influence of the President on the Government is possible only in some cases.

The government, in turn, exercises direct control over the executive vertical, ensures the implementation of a unified state policy in Russia, the direction of which is determined by the President. Many researchers point out that in reality the entire executive power at the federal level does not belong to the Government, since it is under the supreme control of the President. 46 But the Constitution does not mention the political responsibility of the Government to the head of state. Both bodies are endowed with strong powers and are called upon to interact constantly in the performance of their duties. 47

Since the leadership of the Armed Forces is built on the principle of unity of command, the President has many powers to manage this area. He forms and heads the Security Council (art. 83, item g). The Security Council is an advisory collegiate body, which ex officio includes: the ministers of defense, foreign affairs, and internal affairs, the director of the Foreign Intelligence Service, the director of the Federal Counterintelligence Service, and other persons. The Security Council deals with issues of national security, and the decisions of the Council are often formalized by decrees of the President. 48

In addition, the President approves the military doctrine of the Russian Federation. The military doctrine is a document that fixes the military, military-political, military-technical and economic foundations of the views officially adopted in the state on the prevention of war, military conflicts, and the protection of the vital interests of the Russian Federation.

Organizational and managerial powers to ensure defense are distributed between the President and the Government. The President is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation (Article 87, Part 1). In accordance with the law "On Defense", the President approves the concept and plans for the development of the Armed Forces. It is also entrusted with the approval of mobilization plans for the economy and plans for the preparation and accumulation of mobilization reserves and operational equipment. 49 The activities of the Government extend to a slightly different area: the organization of the material and technical equipment of the Armed Forces, the social security of servicemen dismissed from service, etc.

An important authority of the President is the introduction, in specified cases, on the territory of the Russian Federation or in its individual areas of a state of emergency and martial law. This power, however, is not absolute. First, it must be carried out in accordance with the Constitution and the Federal constitutional law. Secondly, decrees on the introduction of martial law or a state of emergency require the immediate approval of the Federation Council. If the Federation Council refuses to approve the decree, it loses its legal force, which obliges the President to change his position on this issue or create a conciliation commission to develop a common decision. From the moment a decision of the Federation Council is adopted, the Presidential Decree is terminated. fifty

The President directs foreign policy mainly through the Ministry of Foreign Affairs. But he himself takes an active part in the implementation of the foreign policy of the Russian Federation. This is manifested in his regular meetings with leaders of foreign states, telephone exchanges of views with leading foreign political figures. The President also conducts international negotiations and participates in the most important international diplomatic forums.

An expression of the personal participation of the President in the implementation of foreign policy is the signing by him of international treaties of the Russian Federation, which are recognized as an integral part of its legal system. The head of state signs the instruments of ratification - documents that testify to the approval by the Federal Law of an international treaty of the Russian Federation. He accepts letters of credence and recall from diplomatic representatives of foreign states accredited to him (Article 86 of the Constitution) and appoints Russian diplomatic representatives in foreign countries.

In the field of regulation of the legal status of the individual, the President is endowed with the following powers (Article 89 of the Constitution):

admits persons to the citizenship of the Russian Federation, permits renunciation of citizenship;

grants political asylum;

awards state awards of the Russian Federation;

assigns honorary titles of the Russian Federation, higher military and higher special ranks;

grants a pardon.

The President formalizes his decisions by issuing legal acts. Acts of the President are not subject to approval by the legislature, with the exception of decrees on the introduction of martial law and a state of emergency. They are a kind of by-laws and should not contradict the Constitution and Federal Laws, but in the hierarchy of by-laws, presidential decrees are higher than the resolutions and orders of the Government and have greater legal force.

Art. 90 of the Constitution provides for two types of acts of the President: decrees and orders. Decrees are normative documents and contain general rules behaviors addressed to an indefinite circle of people and designed for repeated use. They are the main form of realization of the prerogatives of the President in governing the state. The orders differ in that they do not contain normative prescriptions and ideally should regulate only operational and organizational issues. In practice, such a division is not always possible to trace. 51

There are several types of presidential decrees:

but). executive decrees that determine the procedure for implementing federal laws in practice;

b). directive decrees containing instructions to the Government and other executive bodies;

in). program-political, in which the President determines the main directions of domestic and foreign policy. In terms of content, such decrees can be presidential programs, concepts, doctrines. As a rule, they differ in that they lack regulations and are dominated by programmatic and political guidelines.

G). normative decrees containing new legal norms. In this case, the condition of non-contradiction to their laws must be observed.

e). A significant part of the decrees are individual and refer to a narrow circle of people. By such decrees, the President appoints and dismisses, awards, accepts letters of credence and recall, grants pardons. 52

In fact, only a few decrees fully fit one of the classification points, most are complex and contain provisions of various kinds.

Decrees are issued in order to fill legal gaps and ensure the continuity of the process of legal regulation of public relations in the transition period. Since the Constitution does not clearly define the list of issues that are subject to regulation only by law, this gives the President the opportunity to “substitute” the legislature and quickly implement his individual decisions. 53 The expansion of the sphere of regulation of the so-called “decree law” does not contribute to the strengthening of the rule of law, the growth of the authority of the legislature and the stabilization of relations between constitutional institutions. Therefore, disagreements between the President and the Parliament should be resolved not by issuing decrees ahead of time, but by finding a compromise.

In everyday life, the regulatory regulation of some areas by decrees of the President is inevitable, since the process of lawmaking sometimes takes a long period of time (up to several years) and cannot meet the rapidly growing needs of society in the field of economic and social development. 54 With the adoption of federal laws, the boundaries of the President's rule-making are gradually narrowing, and his decrees lose their legal force.

Under the President of the Russian Federation, there is the Presidential Administration - a body created specifically to provide organizational support for its activities and control over the implementation of its decisions. Initially, the Administration was created as a working apparatus of the President, but at present it is already considered a state body. It includes many divisions that perform control, consulting, coordination, analytical, expert and other functions.

Conclusion

The institute of presidency has existed in Russia for a very short time, but since its inception it has caused continuous discussions. Does Russia need this institution? And if so, in what form? Society does not yet have an unambiguous understanding of it. The Russian institution of presidency in its modern form has both supporters and opponents.

Supporters of this institution are convinced of the need for a strong centralized government in the country during the reform period. The "presidential version" of the separation of powers in the state is considered the best option for countries with economies in transition. 55 Strong power, concentrated in one hand, makes it possible to effectively manage and prevent the emergence of political conflicts. It is necessary to ensure the unity of state power. The shortcomings of the existing form of government are explained by the fact that the presidential power has to act in difficult conditions, against an unfavorable social background.

At the same time, among researchers in the field of law, as well as among politicians, there are many opponents of the institution of presidency in its modern form. The main shortcoming of the 1993 Constitution is seen by many in the fact that it was focused on the specific circumstances that arose in connection with the political conflict in the state and was adopted as a result of the forceful resolution of this conflict. In addition, in their opinion, the Constitution was modeled after a specific political leader. The result of all this was the formation of a state system where the President has excessively strong power, allowing him to carry out radical reforms, and the parliament is weakened, and therefore the principle of separation of powers is not implemented. 56 The structure of power established by the Constitution serves as a source of instability for the political regime, since the system of checks and balances is ineffective. The combination of many powers in one institution gives rise to conflicts and tensions in the relationship between the executive and legislative branches of government. 57

Thus, the Constitution is accused of violating the principle of separation of powers. Many jurists believe that at the moment the balance of power in Russia is shifted in favor of the executive, or rather, presidential power. 58 Some authors even call Russia a “super-presidential” republic, since the President has a set of powers that are typical both for a head of state in a presidential republic and for a head of state in a parliamentary republic. Thus, the President in Russia is elected by the people, has significant power over the Government, appoints ministers and decides on their resignation without the participation of parliament. The government is responsible only to him, but not to parliament. Although formally the President is not called the head of the executive branch, but in fact he is, the main managerial powers are concentrated in his hands. 59 He also influences the legislative activities of the Federal Assembly.

At the same time, the President is not responsible for the activities of the executive branch and has the right to dissolve one of the chambers of parliament. The complex procedure for amending the Constitution and the practically impracticable procedure for removal from office make the power of the President unshakable and essentially unlimited. 60 The institution of the presidency is becoming dangerous for the state and society. The President is not accountable to either the authorities or the people. The issue of early termination of his powers cannot be submitted to a referendum. Therefore, many see the ideal of the development of the Russian Federation in a parliamentary republic and even propose to abolish the post of President. 61

In any case, undoubtedly, the President is a very influential figure in the political life of the country, acting as a kind of symbol of the state and playing a decisive role in determining the policy of the state.

In general, the institution of the presidency in Russia has much in common with the corresponding constitutional institutions of democratic countries. At the same time, there are a number of features that have no analogues in foreign constitutions and do not exclude the possibility of usurpation of power. But the danger of their abuse can be neutralized by the action of other liberal norms of the Constitution. 62

To prevent the possibility of usurpation of power, a clearer legal definition of the institution of presidency is needed. The change in the legal regulation of this institution should go in the direction of concretizing its powers and delimiting the competence of the highest bodies of state power. There is no law on the President yet, and the Constitution does not even indicate the need for such a law.

The institution of the presidency in Russia is not yet an established set of constitutional norms. Since its inception, it has been constantly evolving, changing and acquiring new features.

List of used sources and literature

Constitution of the Russian Federation. - M.: Publishing group NORMA - INFRA-M, 1999. - 80 p.

Federal Law “On Elections of the President of the Russian Federation” dated May 17, 1995//СЗ RF. 1995. No. 21. Art. 1924.

Federal Law “On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994//СЗ RF. 1994. No. 33. Art. 3406.

Avakyan S.A. Early termination of the powers of the President of the Russian Federation: problems requiring a legal solution // Legislation. - 1999. - No. 3. - S. 87-97.

Baglai M.V. Constitutional law of the Russian Federation: Textbook. - M.: Publishing house. Group INFRA-M - NORMA, 1997.- S. 388-422.

Varlamova N. Five Years of the Sixth Constitution of Russia: Problems of Implementation // Constitutional Law: Eastern European Review. - 1998. - No. 2. - S. 95-102.

Vinogradov V., Pleshanova O. Two-thirds of parliamentarism or two-thirds parliamentarism // Lawyer. - 19995. - No. 5/6. - S. 33-34.

Ilyukhin V. Does Russia need the institute of presidency? // Russian Federation today. - 1998. - No. 22. - S. 14-15.

Executive power in the Russian Federation (scientific and practical manual) / Ed. A. F. Nozdracheva, Yu. A. Tikhomirova. - M.: BEK Publishing House, 1996. - 269 p.

Kozlova E. How the President is elected // Man and the law. - 1996. - No. 5. - S. 52-59.

Kozlova E. How the President is elected // Man and the law. - 1996. - No. 6. - S. 48-55.

The term "president" comes from the Latin praessidens, which literally means "sitting in front." Apparently, in ancient times, presidents were called presiding at various meetings. From this original meaning of the word "president" subsequently arose such a position as, for example, president of the senate. However, in his current understanding as head of state, the term "president" was not used during the time of the Greek and Roman republics, nor during the early bourgeois republics in England and the Netherlands. So, in England, which became a republic for a short time, the Council of State exercised executive power instead of the overthrown monarch. In the Netherlands, the highest collegiate body also had executive powers.

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

Quite soon, most of the politicians of the young American republic came to the conclusion about the ineffectiveness of the activities of the Congress in the execution of laws and the need for separation of 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 finished with the rule of the British monarchy, were strongly opposed to the creation of the highest executive power in the person of the monarch, even if with limited powers. Because of this, the search for the formation of the most acceptable form of executive power went to the convention on the basis of republicanism, which provides for the election of all officials.

After much debate among the framers of the American Constitution, the prevailing view was that the supreme executive power should be unified, i.e. concentrate in the hands of one rather than a few officials. Thus, the principle of unity of command was initially established in the construction of the federal executive power of the United States. The head of the federal executive power in the country began to be called, according to the Constitution, the President of the United States of America. This name 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 where the office of president arose, uniting the head of state and the head of government in one person. In addition, it was in the United States that the institution of the presidency was born as one of the most important institutions of the political system. Unlike other states of that time, where the executive power everywhere had a monarchical, hereditary character, in the United States the head of state began to be elected during general elections.

The United States was the first to follow the example of the United States in establishing a presidential system of government for Latin American countries. 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 post of president as head of state was introduced, were in 1848 two republics - France and Switzerland. In addition to them, other states of Europe (not to mention Asia and Africa) until the end of the nineteenth century. remained monarchies.

In the 20th century, such grandiose upheavals as revolutions, world wars, 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, the presidents became the highest officials in Austria, the Weimar Republic, Czechoslovakia, Poland, Estonia, Lithuania, Latvia, and Turkey. In the 1930s and 1940s, the institution of the presidency began to spread in Asia; it was introduced by the Philippines, Syria, Lebanon. After the Second World War, the number of Western European states headed 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 the election, competence and grounds for termination of the powers of the President of the Russian Federation are regulated by Ch. 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, the activities of the apparatus of the head of state are regulated by special regulations (legislation on elections, on state authorities).

At the same time, the acts of President R.F. himself play the main role in regulating and organizing the activities of the institute of presidency. This circumstance is hardly justified, since the law should be the main regulator in this area.

The establishment of the post of President in Russia was determined by a number of objective and subjective factors, the tasks of strengthening the executive power, increasing its mobility and efficiency in making managerial 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 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 well-known influence on the emergence of the institution of presidency in Russia. In turn, the establishment of the post of President of Russia led to 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. As in many other countries with 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 to parliament for reconsideration.

From foreign experience, 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., are perceived. At the same time, the structure of presidential power reflects the Russian conditions of political life and does not give grounds to speak of a mechanical copying of the experience of any country.

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

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

In a number of key positions, the Russian model certainly gravitates toward a purely presidential republic. Its main feature is control over the formation and activities of the government, its leadership. The US Constitution, for example, does not provide for the 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, 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 decisive word remains with the President.

Nevertheless, it would not be entirely justified to speak about the full compliance of the Russian model of organizing power with a pure presidential republic. In Russia (unlike the United States and other presidential republics), the head of state is not simultaneously the head of government, and the right to chair its meetings is by no means identical with the function of direct leadership.

2. A distinctive feature of the relationship between the Parliament and the President in Russia is the presence of elements of the Government's political responsibility not only to the President, but also to the Parliament. The State Duma may express no confidence in the Government, the 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 and a semi-presidential republic. The presidential power in Russia has a lot in common with the model of its organization in France. In particular, in both countries, presidents have similar rights (the right to send the adopted law for a new discussion, the right to dissolve the legislative chamber of the parliament, the right to send the bill to a referendum, bypassing the 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 domestic and foreign policy of the state, while in France this is the prerogative of the parliament. According to Art. 50 of the French Constitution, if the National Assembly adopts a resolution of reprimand, or if it does not approve the program or declaration of the general policy of the Government, then the Prime Minister shall serve the President with the 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 may known conditions dissolve the State Duma.

Unlike the Constitution of France, the Constitution of the Russian Federation does not provide for the right to sign (countersignature) acts of the President by the Chairman of the Government, which acts as a means of coordinating the head of state's decisions with the Government. In the practice of the President of the Russian Federation, in some cases, the endorsement of his decrees by a number of officials, including the Prime Minister, is used. However, it does not have a mandatory value for giving legal force to the act of the head of state.

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

3. According to Art. 80 of the Constitution of the Russian Federation, the President is the guarantor of the Constitution, the rights and freedoms of man and citizen. First of all, Art. 80 refers 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 fulfilling this function, the President has the right to demand from all federal bodies and authorities of the subjects of the Federation the steadfast observance of the Constitution, the rights and freedoms of man and citizen.

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

He has the right to apply to the Constitutional Court with a petition for the recognition of such acts as unconstitutional and the termination of their validity. Acts of executive authorities directly subordinated to the President, he can, on the grounds of their inconsistency with the Constitution and violations of human and civil rights and freedoms, cancel (acts of the Government of the Russian Federation, federal ministries, departments) or suspend their action until the issue is resolved by the appropriate court (acts of executive authorities of subjects federation). All this indicates that the President has the authority to exercise control over the observance of the Constitution.

Acting as the guarantor of the Constitution, the rights and freedoms of man and citizen, the President has the right to evaluate the content of the activities of the bodies accountable to him (the Government, the Security Council), as well as the heads of those state structures for which he makes proposals for appointments.

The President of Russia also has a number of other legal opportunities to influence the constitutional legality in the country. In a message to the Federal Assembly, he can state his vision of this problem and orient the parliament towards the implementation of priority bills in a particular area of ​​public life.

By exercising the right of legislative initiative, the head of state may 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, the spending of public funds, which directly affects the level of social support for the population, the implementation of socio-economic rights of citizens. The President's arsenal also includes such tools for protecting the rights of citizens, such as resolving issues of citizenship and political asylum, pardoning, etc.

The Constitution of the Russian Federation links 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 activity of the President is the creation of conditions for the exercise of constitutional human rights and freedoms. Of course, there is something else: the real state of affairs with the rights and freedoms of Russian citizens is the main criterion for evaluating the performance 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 protecting the sovereignty and territorial integrity of Russia by the President has both external (protection against aggression) and internal (protection against 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.

Separation and independence of authorities do not preclude the need for coordination of their efforts, close interaction in solving 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, in solving the most important personnel issues for the country.

The President interacts with the State Duma (in connection with the appointment of the Head of Government, the Chairman of the Central Bank), and with the Federation Council (in 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 (in the appointment and dismissal of members governments). Of course, the corresponding powers of the President are also his duties.

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 only 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 on its content.

The fact that the President of the Russian Federation has broad powers, levers of influence on all branches of power gives reason to talk about his withdrawal from the general system of separation of powers, 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", control over the activities of the head of state by other federal bodies.

For the theoretical justification of this situation, an attempt was made to justify the existence of a special branch of power - the "presidential". 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 by another. The President has the functions of leading the Government. It turns out that the "presidential" branch of government leads the executive.

5. In accordance with the Constitution of the Russian Federation, federal laws, the President determines the main directions of the domestic and foreign policy of the state(part 3 of article 80). This wording does not mean that the President single-handedly decides the issue of Russia's domestic and foreign policy. Its development is the result of a complex interaction of various political forces and branches of state power.

The main parameters and directions of Russia's 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 activity of the President, aimed at determining the main directions of state policy, is limited by the Constitution.

An important mechanism for developing state policy is the Federal Assembly, in which not only various political parties and movements (State Duma), but also all subjects of the Federation (Federation Council) are represented. The main instrument for determining the watering of the Russian state by the parliament is legislative activity. Major issues of economic and social policy, problems of interethnic relations, the fight against crime, etc. 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 the field of determining the main directions of the domestic and foreign policy of the Russian Federation. They concern personnel policy, management of foreign policy activities, participation in the formation of legal policy, 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 institute of presidency in Russia. As for the norm, Part 4, 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, then it reflects generally accepted world practice.

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 taking 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" dated January 10, 2003.

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

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

The latter requirement is due to the special importance of the functions of this official, the implementation of which requires extensive life experience and managerial 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 question of the procedure for taking office is adjacent to the conditions and procedure for electing the President.

There is a certain transitional period between summing up the results of the election of the new President and taking office. It is necessary for the organizational completion of the activities of the former President and his Government and preparation for the performance of state functions by the newly elected President. An obligatory attribute of the entry of the President into office is the taking of an oath by him.

The latter is brought in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma, 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 of taking the oath. From this moment, as a general rule, the powers of the former President cease.

However, the powers of the President may be terminated ahead of schedule 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 also terminated ahead of schedule when he loses Russian citizenship.

The resignation of the President, according to generally accepted practice, is understood as a voluntary resignation from his post. The Constitution of the Russian Federation does not specify the resignation formula, does not establish the motives for making such a decision, does not indicate the body to which the resignation should be addressed, does not answer the question of whether any decision should be made, does not regulate other aspects of the resignation procedure. Addressing these issues is essential for practical application retirement institution.

That is why their detailed legal regulation at the level of federal law is necessary. The resignation of President B. 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 power.

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 existence of a permanent disability, what are its criteria, how to provide such a decision, who will publish it. In the norms of the federal law it is necessary to provide answers to all these questions. In any case, legal guarantees must be created to prevent abuse in the process of implementing this constitutional norm.

The procedure for the removal of the President from office is prescribed in the Constitution in detail. The dismissal of the President from office is a type of constitutional responsibility of the head of state for committing state, treason or other serious crime. In addition to the general criminal responsibility that every citizen of Russia bears for such actions, the President is liable 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 refers to espionage, disclosure of state secrets or other 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 reckless acts, for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed ten years in prison.

Obviously, the constitutional concept of “serious crime” also includes the provisions of Art. 15 of the Criminal Code of the Russian Federation, especially grave crimes, for the commission of which a punishment of more than ten years in prison or a more severe punishment (for example, life imprisonment) is provided.

The procedure for dismissal from office is implemented on the basis of close interaction between the chambers of the Federal Assembly. The accusation of the President of committing high treason or other grave crime is put forward by the State Duma. The initiator of initiating the issue of dismissal of the President, in accordance with Part 2 of Art. 93 of the Constitution of the Russian Federation, maybe a group of deputies of the Duma. Taking into account the fact that the total number of members of the Duma is 450 people, the composition of the initiative group should be at least 150 deputies.

The materials submitted by the initiative group are subject to consideration at the session of the chamber. In the event that the issue of continuing the removal procedure is decided, the Duma, by a majority of votes, forms 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, attraction of new materials and documents confirming or refuting the accusations made of the President committing a serious crime. The commission has the right to demand documents from state bodies, request explanations, and receive other necessary information.

The special opinion 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 the removal of the President, the conclusion of the commission must confirm his guilt and testify to the existence of grounds for removal. Otherwise, the presentation of the conclusion loses its meaning. Based on the results of the discussion of the conclusion, the Duma may decide to charge the President with high treason or committing another serious crime. This decision is made by two-thirds of the votes of the total number of deputies.

The accusation put forward by the Duma is sent to the Supreme Court and the Constitutional Court of the Russian Federation. The Supreme Court makes a conclusion on the presence or absence of signs of a relevant serious crime in the actions of the President. 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 gives an opinion on the observance of 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 an opinion on the dismissal of the President from office.

The decision to remove the President from office is made by the Federation Council by a two-thirds majority 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 charges against the head of state. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered rejected (Part 3, Article 93 of the Constitution). In order 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 above grounds until the election of the next head of state, the relevant state functions are temporarily performed by the Chairman of the Government of the Russian Federation (Part 3, 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 revision of the provisions of the Constitution.

Similar information.

Institute of Presidency in the Russian Federation

Introduction

A special key place in the system of state authorities of the Russian Federation is occupied by the President of the Russian Federation as the head of state, which has a significant impact on the entire system of state bodies.

The President of the Russian Federation is the head of state and the highest official, he represents the Russian Federation in internal and external relations, the interests of all citizens due to the fact that he is elected by universal suffrage.

The constitutional model of the presidential republic in the Russian Federation and the principles of interaction between the authorities look in such a way that by means of "checks" and "balances" it is ensured that the institution of the President is not transformed into a regime of personal power that is not controlled by the people or is capable of ignoring other branches of state power in Russia. Therefore, no matter how broad the powers of the President are, they are associated with the powers of other federal government bodies, and relations between the President and the legislative and executive authorities of the Russian Federation, the authorities of the constituent entities of the Russian Federation are characterized not only by rights, but also by mutual responsibility.

The need for the institution of the Presidency stems from the need to ensure the stability of the complex system of government administration. The institutions of state power, even in the presence of a developed legal system, cannot remain without an authoritative arbiter, who, not being in direct relations of power-subordination with these institutions, nevertheless ensures their coordinated functioning, is able to quickly bring the state system out of possible deadlock situations, not always in the form of a legal dispute.

Thus, the President ensures the necessary unity of state power, while maintaining the separation of powers, i.e. The President is called upon to ensure the stability of the mechanism of power.

Head of state: role and place in the system of power

In accordance with the Constitution of the Russian Federation (Article 80), the President 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, 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.

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

The model of a strong President of the Russian Federation is expressed by the following factors:

1.The President is elected by the people. His powers are derived from the people who entrust the President with the highest state functions. According to Article 81 of the Constitution of the Russian Federation, the President is elected by all citizens of Russia who have the right to vote in general elections. Because of this, the President receives a mandate of confidence from the entire population of Russia.

2.The President of the Russian Federation is not included in the system of separation of powers, but stands above all branches of power and exercises his power independently.

The role of the head of state is most clearly manifested in the "triangle" of relations between the President - the Government - the State Duma. The President indirectly (through the Chairman of the Government) forms the Government, the composition of which is not related to the distribution of seats in the State Duma. This is due to the need to ensure the stability of the Government.

The task of the President is to determine the main goals of economic policy, to control the methods and pace of their achievement. The forms of activity of the President of the Russian Federation are carried out within the legal framework for the implementation of the main tasks:

maintaining the stability of the state system;

maintaining peace in society;

protection of the constitutional order;

protection of the sovereignty and integrity of the state.

3.Only the President is vested with the task of ensuring the coordinated functioning and interaction of all other state authorities - federal and constituent entities of the Russian Federation (Articles 80, 85 of the Constitution of the Russian Federation). No other bodies have such opportunities in relation to the President.

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

.The President of the Russian Federation has the right to adopt normative legal acts (decrees, orders), which, in the absence of laws, regulate on an equal footing with them public relations and remain in effect until such time as appropriate laws are in place. On a number of issues, laws are not adopted at all, and regulation is carried out either independently by the President, or on his behalf by the Government of the Russian Federation. According to Art. 90 of the Constitution of the Russian Federation, the President of the Russian Federation issues decrees and orders that are binding on the entire territory of the Russian Federation. Neither the Federation Council nor the State Duma has the right to cancel them. However, decrees and orders of the President of the Russian Federation cannot contradict the Constitution of the Russian Federation and federal laws. If such a contradiction is found, the Constitutional Court is empowered to annul the decree of the President of the Russian Federation, if it considers that it does not comply with the Constitution of the Russian Federation.

.The president determines the domestic and foreign policy of the state. In part 3 of Art. 80 of the Constitution of the Russian Federation does not say in what specific form the President determines the main directions of policy. However, paragraph "e" Art. 84 of the Constitution of the Russian Federation establishes the powers of the President of the Russian Federation to submit annual messages to the Federal Assembly on the situation in the country and on the main directions of the domestic and foreign policy of the state, i.e., these directions are determined in the messages of the President of the Russian Federation.

.The Government of the Russian Federation can be called the Government of the President of the Russian Federation, since the President of the Russian Federation completely forms it, directs its activities and has the right to dismiss it at any time (Articles 83, 111 of the Constitution of the Russian Federation), although in order to appoint the Chairman of the Government, the President needs the consent of the State Duma (Art. 103, 111 of the Constitution of the Russian Federation). The President of the Russian Federation establishes the entire system of federal executive bodies.

.In accordance with Art. 87 of the Constitution of the Russian Federation, the President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces. Exclusively the President of the Russian Federation 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 of the Constitution of the Russian Federation). In the event of the sole introduction of martial law, he is obliged to immediately inform the Federation Council and the State Duma about this. He does not have the right to declare war and conclude peace. This is the exclusive competence of the Federation Council (Article 106 of the Constitution of the Russian Federation).

.The President of the Russian Federation has the right to introduce a state of emergency on the territory of Russia and in its individual areas, but he is obliged to immediately inform the State Duma and the Federation Council about this.

.The President of the Russian Federation represents the Russian Federation in relations with various structures of civil society, but within the limits of the powers established by the Constitution of the Russian Federation.

.In international relations, the President personifies the Russian Federation not as a federal level of power and not as a state apparatus, but as a state subject to international relations, a sovereign and independent country. The President signs international treaties, participates in negotiations on behalf of Russia, or entrusts it to this or that government official.

The procedure for electing the President of the Russian Federation

The post of President in the Russian Federation was approved by a nationwide referendum on March 17, 1991. First, the President of the Russian Federation was elected for a term of 5 years. With the adoption of the Constitution of the Russian Federation on the basis of Article 81, now the President is elected for 4 years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot. It can be a citizen of the Russian Federation not younger than 35 years old, permanently residing in the Russian Federation for at least 10 years. The same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.

The procedure for electing the President of the Russian Federation is determined by federal law. A candidate for the President of the Russian Federation must be nominated by some collective, registered as a candidate, pass the round of elections, take office as a newly elected President.

The newly elected President of Russia takes office on the 30th day from the date of the official announcement of the results of the elections by the Central Election Commission.

The newly elected President of Russia before taking office is obliged to take an oath to the people. From the moment of taking the oath, he begins to exercise his powers and ceases to exercise them with the expiration of his tenure in office from the moment the newly elected President of the Russian Federation takes the oath.

Art. 80 of the Constitution of the Russian Federation proclaims the President the head of state, calls him the guarantor of the rights and freedoms of citizens, the guarantor of the constitutional order of the country; arbitrator, carrying out the interaction of all branches of state power.

president power authority

List of powers of the President of the Russian Federation

1.In organizing the work of the legislature and the legislative process:

· convocation of parliament for regular and extraordinary sessions;

· dissolution of the unicameral parliament or its lower house;

· signing and publishing laws;

· appeal to the body of constitutional control in relation to legislative and other acts that are contrary to the constitution;

· acts as an indispensable participant in the legislative process;

· publishes normative-legal acts;

· has the right to call elections to the State Duma and dissolve it, but does not have the right to dissolve the upper house of the Federation Council.

2.In organizing the work of executive authorities and management activities, in the field of state defense:

· has the right to preside at a meeting of the Government;

· decides on the resignation of the Government;

· on the proposal of the Prime Minister, appoints and dismisses the Deputy Prime Ministers and federal ministers;

· appoints the chairman of the Central Bank and raises the question of his release before the State Duma;

· forms and heads the Security Council of the Russian Federation;

· is the Supreme Commander of the Armed Forces of the country;

· appoints and dismisses the high command of the Armed Forces of the Russian Federation;

· forms the administration of the President;

· appoints and dismisses plenipotentiaries in seven federal districts;

· introduces a state of war or a state of emergency on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federal Assembly;

· appoints judges of higher and other courts, the Prosecutor General, etc.;

· in charge of pardons.

In the field of foreign policy:

· negotiates and signs international treaties;

· appoints and recalls after consultation with the relevant committees and commissions of the chambers of the federal assembly

· manages the foreign policy of the Russian Federation and performs other foreign policy functions (participation in Summits, etc.).

The implementation of all these powers by the head of state is carried out regardless of whether he is a member of these bodies of types of state power.

The President terminates the exercise of his powers in the event of:

· his resignation;

· persistent inability due to the state of the ability to exercise his powers;

· removal from office.

Resignation requires a statement from the President. For health reasons, the constitution does not provide for any procedures.

The procedure for removal from office is complex, with the State Duma bringing charges against the President, confirmed by the decision of the Supreme Court.

Conclusion

The head of state, exercising a certain set of powers, thereby maintains the stability and coordinated functioning of the state system, civil peace, the constitutional order, sovereignty and integrity of the state.

The President is the head of the state system of organs as a guarantor of the conditions under which all branches of government fulfill their purpose; supreme controller, making sure that none of the branches of government could encroach on the prerogatives of the other, to appropriate power.

The President has the right to guarantee the stability of the state as a whole, its sovereignty and state integrity, and all authorities and officials may be able to exercise their powers in accordance with constitutional provisions.

Bibliography

1.Legal foundations of the Russian state / V.V. Hutsol. - Rostov n/a: Phoenix, 2006 (Higher education).

2.Jurisprudence. Textbook. S.V. Boshno - M. Eksmo Publishing House, 2004

.The Constitution of the Russian Federation with comments for study and understanding / Lozovsky L.Sh., Raizberg B.A. - M.: INFRA-M, 2008

The constitutional and legal institution of the head of state in the countries of the modern world usually consists of norms that determine the place and role of the head of state in the state mechanism and its relationship with other state bodies, fixing the powers of the head of state, establishing the procedure for replacing the post of head of state and terminating his powers, providing for possible liability heads of state for high treason and violation of the norms of the constitution. In addition, the real power of the head of state usually depends on the form of government, the nature of the political regime, as well as on the personal qualities of the person holding this post, his ability to properly interact with other government bodies.

The term "president" comes from the Latin Praesidens, which literally means "sitting in front." The very concept of "president" is interpreted as an elected head of state. Therefore, the concept of "head of state" is a generic concept in relation to the concept of the president and is common to heads of state with both republican and monarchical forms of government. Specific features of the concept of "president" are electivity and urgency of office. In ancient times, presidents were called presiding officers at various meetings. From this original meaning of the word "president" subsequently arose such a position as, for example, president of the senate. In his current sense as head of state, the term "president" was not used during the Greek and Roman republics, nor during the early bourgeois republics in England and the Netherlands. Various models of presidential power predetermine the use in the constitution of such terms as "head of state", "head of executive power", "arbiter", "highest official". Sometimes the constitutional status of the president is not defined.

The correct definition of the concept of the institution of presidency, understanding of its place in the political system of society is of great theoretical and practical importance. But, before talking about the institution of the presidency, it is necessary to clarify what the term "institution" itself means.

In common parlance, the term "institution" is used in a variety of ways. In science, this term is given its own content. In political science, characterizing political system, talk about its institutional side (state, presidency, party, etc.). In the theory of law there is the concept of a legal institution, in civil law it is said about the institution of property, in administrative law - about the institution of public service, in labor law - about the institution of a collective agreement, etc.

Practical experience shows that among the various concepts of "institutions", the institution of presidency is a special form of government of the political system of society. The problem of the institute of presidency is very multifaceted. Its full and comprehensive study is the subject of several related sciences: philosophy, sociology, political science, jurisprudence, history, ethics, psychology, etc. Depending on which science operates with the concept of the institute of presidency, the content of this concept emphasizes one or another aspect characteristic of the subject of this science.

The concept of the institute of presidency, as is known, is one of the key ones in political science. Being interactive in nature, it is of great operational importance in the analysis of complex, multifaceted problems, which made it possible to determine the essence and clarify the main directions of the evolution of political reality. However, in political science, both in the West and in the East, there is no single generally accepted interpretation of this term. This situation, to a certain extent, leaves specialists with a wide freedom of choice of certain definitions when studying the development of the political process and the features of the emergence and formation of the institute of presidency in any particular country.

In recent years, a large number of monographs, brochures, and collective works have been devoted to the issues of theory and practice of the institution of presidency in the political system of society, its forms of government, where various aspects of this socio-political phenomenon are considered. The authors of these works consider the problems of the emergence and formation of the institution of the presidency, emphasize its social essence, the main powers of the president, and most importantly, show the forms of presidential government.

According to V.E. Chirkin "Institute of Presidency (Presidentship)" in various countries It has three forms: individual, collegiate and mixed. The first is characteristic of the vast majority of countries on all continents (presidents of France, Russia, South Africa, Brazil, CIS countries, etc.). The second in the form of the presidium of the highest representative body (the Presidium of the Supreme Council in Belarus, the presidium (presidency) in the Republic of Hungary. The State Council existed in the countries of totalitarian socialism until the 90s, survived in Cuba. The post of chairman of such a body was held by the general (first) secretary of the Central Committee ruling communist party or one of its other leaders.

The collegiate form of presidency is used in Switzerland and Mexico. In the first of these countries there is an organ - Federal Council who simultaneously performs the duties of head of state and government. The Federal Council is appointed by seven people at a joint meeting of both houses of parliament. Manage the meetings of the Federal

Council president and vice president. Finally, a collegial presidency (presidential councils) usually of 3-5 people was created in a number of developing countries (Syria, Yemen, Sudan, etc.). These bodies were created on the basis of an agreement between some of the leaders of the next coup.

A mixed form of the presidency arose originally in China in 1954. She pursued the goal, on the one hand, to highlight the leader of the Communist Party and the state, Mao Zedong, who was destined for the post of chairman of the republic. On the other hand, a collegial body of the parliament was created - the Standing Committee of the National People's Congress of China. A similar presidency structure exists in Vietnam, Cuba, Angola, Mozambique, and others.

Each of the three forms of presidency has its pros and cons. The institution of a one-man president is characterized by its certainty, but, excluding (at least legally) the dispersion of the powers of the head of state, it concentrates them.

The collegial presidency adopted in the countries of totalitarian socialism did not actually carry out its functions. It was only formally the highest body of the state. In fact, all the most important state decisions were made by a narrow circle of leaders of the Communist Party - the Politburo (the decision on the military intervention of the USSR in the internal affairs of Afghanistan in the 70-80s) was made by an even narrower circle of people - four people from the Politburo. Under military regimes, collegiate presidency is short-lived. There is a struggle for leadership, and it often ends in a shootout (Iraq, Yemen, Afghanistan, etc.). In a democracy, the collegiate structure of the head of state can make it difficult to make decisions, and some powers of the president are simply difficult to exercise.

Nevertheless, the experience of a collegiate head of state is worth studying and may be applicable to other countries. In our opinion, the most suitable form for this is probably the form of a mixed presidency. On the one hand, it corresponds to certain traditions, facilitates the implementation of many functions of the head of state, which are performed in a personal capacity, on the other hand, it contains the advantages of collegiality.

M.V. Baglai argues that the term "head of state" more accurately reflects both, but does not indicate the emergence of a fourth main branch of government. When, nevertheless, the term "presidential power" is used, this can only mean the special status of the President in system of three authorities, the presence of some of its own powers and the complex nature of its various rights and obligations in cooperation with the other two authorities, but mainly with the executive branch. The brief encyclopedic reference dictionary (political science) states that “The President (lat. Praesidens - walking in front) is an elected head of state, called upon to pursue a policy aimed at stabilizing and streamlining the life of society and the state, improving the life of the people. Depending on the form of government, its position and role in society and the state are determined. In this regard, it should be argued that in presidential republics the president is elected by direct or indirect elections by the parliament and after the election he is endowed with significant powers and cannot be removed by the legislature, except in cases specified in the Constitution. In presidential republics, the president is the fundamental subject of politics.

In parliamentary republics, the electorate elects the legislature, which in turn elects and forms the government. The head of government is the decisive subject of politics, and the role of the president is reduced to representative, advisory and controlling functions. The president in parliamentary republics has little influence on real politics. According to the correct statement of D.A. Radugin "The parliamentary republic differs from the presidential one in the presence of one system of elections, as a result of which the winning parties form the supreme legislative body. The government is formed by the parliament from among the leaders of the winning party and is responsible to the parliament.

A parliamentary republic is less common than a presidential one and exists in Italy, Germany, India, Austria, Finland, Iceland and some other countries.

Thus, the various institutions mentioned above give us reason to assert that they are a political institution. It should be noted that political institutions are a complex and purposeful activity of all the political forces of society. An analysis of the available literature shows that there is still no consensus on the concept and definition of a political institution. In our opinion, a more correct definition of the concept of a political institution is given in the Concise Encyclopedic Dictionary-Reference (Political Science). "Political institution (from the Latin institutum - establishment) - a stable set of formal and informal rules, principles, norms, guidelines that regulate various areas political activity and organizing them into a system of roles and statuses that form a political system. "But before talking about a political institution, you should find out what the concept of the "institution" itself is. In scientific and socio-political literature, the concept of "institution" is considered in a different sense of the word The most common names are "the institute of statehood", "the institute of the head of state", "the institute of state of emergency", "the institute of Marxism-Leninism", "social institute", "political institute", "presidency institute" and many others.

Each of these institutions has its own essence, concept, purpose, tasks, social functions and main directions in the political system of society. A detailed analysis of these institutions is beyond the scope of our study. Since the object of our study is the “institution of presidency”, we will make an attempt to consider the place and role of the “institute of presidency” in the political system of society. But before giving a concrete analysis of the social essence, place and role of the institution of the presidency, we would like to first talk about the political institution. In this regard, it should be noted that one of the complex and difficult problems of our study is the relationship and relationship between the political institution and the institution of the presidency. Therefore, in our opinion, it would be advisable to talk, first of all, about the political institution. A political institution must be distinguished from specific political organizations. Depending on the scope and function, political institutions are subdivided into relational ones, which determine the role structure of the political system; regulatory, which indicated the permissible limits of political actions independent of generally accepted political norms for the sake of personal goals and punitive sanctions for going beyond these limits; cultural, associated with political roles responsible for ensuring the interests of a particular socio-political community as a whole.

The available literature indicates that the development of the political system is associated with the evolution of political institutions. The study and analysis of the literature shows that the sources of such evolution can be both endogenous, that is, located within the institutional system itself, and exogenous factors. Consequently, endogenous changes in political institutions occur due to the fact that one or another institution ceases to effectively serve the goals or interests of certain social groups.

An analysis of the literature shows that among the exogenous factors, the most important are the impacts on the political system from the cultural and personal systems. Changes in political institutions under the influence of changes in culture are associated, first of all, with the accumulation of new knowledge by mankind, as well as with changes in value orientations. Among the latter, the most stable conservative element is the assessment of political reality, which decisively influences the nature of political institutions. But interactions on political institutions on the part of the individual imply all kinds of innovative human activity, which is possible because the human personality is not limited to the system of social roles and institutionalized values ​​that has been internationalized in it.

The word "president" literally means "sitting in front." In ancient times, this was the name given to people holding various meetings or gatherings. In the meaning of "head of state", the term was first used only in the 18th century.

The institution of the presidency has been around for many years. The first president, George Washington, was elected in the United States in 1787. B.N. Yeltsin became the first Russian in 1991. This happened immediately after the Congress of Deputies questioned the advisability of approving a new post, and the issue of establishing a new post was submitted to an All-Russian referendum. As a result, amendments “On the President of the RSFSR” were made to the Constitution, and a year later (in April 1991) after the Declaration of Sovereignty was proclaimed, the very first President of the Russian Federation was popularly elected. In total, about 130 countries have the institute of presidency in the world.

In Russia, first of all, he is the guarantor of freedom, observance of the rights of every person, as well as the guarantor (underwriter) of the Constitution.

To date, the institution of the presidency is enshrined in federal laws and the Constitution of the Russian Federation.

The president receives power directly from the hands of the people, he can act independently of some authorities, have a direct influence on any of them, incl. to the judiciary, has high executive powers.

According to the Constitution, the presidential power of the Russian Federation is not controlled by the Parliament. The latter takes an insignificant part in the formation of the Government, and this body itself is controlled exclusively by the president.

Thanks to this technique, the Government becomes much more stable than, for example, the Institute of the Presidency of the Russian Federation guarantees democratic freedoms, while at the same time being the only acceptable instrument necessary to comply with the Constitution.