FEDERAL AGENCY FOR EDUCATION

STATE EDUCATIONAL INSTITUTION OF HIGHER PROFESSIONAL EDUCATION

RUSSIAN STATE UNIVERSITY FOR THE HUMANITIES

BRANCH IN NARO-FOMINSK

Faculty of Documentation

Specialty - Documentation

and documentation support

management

Timoshenko Alexander Viktorovich

INSTITUTE OF PRESIDENCE IN THE RUSSIAN FEDERATION

Course work

in the discipline "Modern organization of state institutions of Russia"

1st year student DOW groups 1-5

Scientific adviser-

Associate Professor, Ph.D. Shapovalova L.D.

Naro-Fominsk 2007

Introduction

Chapter 1. Prerequisites for the introduction of the institute of presidency in Russia

Chapter 2. The place of the President in the system of public authorities.

Chapter 3. Development of legislation on the election of the President of the Russian Federation in 1991-2000

Chapter 4. Powers of the President of the Russian Federation

§one. Powers of the President of the Russian Federation related to legislative authorities

§ 2. Powers of the President of the Russian Federation related to the executive authorities

§ 3. Powers of the President of the Russian Federation related to the judiciary

§ 4. Powers of the President of the Russian Federation in the field of national defense and state security

§ 5. Powers of the President of the Russian Federation in the field foreign policy

§ 6. Powers of the President of the Russian Federation in relation to the subjects of the federation

§ 7. Other powers of the President of the Russian Federation

Chapter 5. The main structures of the institute of presidency in Russia

§ 1. Administration of the President of the Russian Federation

§ 2. Security Council of the Russian Federation

§ 3. Plenipotentiaries of the President of the Russian Federation

§ 4. State Council of the Russian Federation

Conclusion

List of used sources and literature

List of accepted abbreviations

Annex 1. The structure of the institute of presidency in the Russian Federation

Annex 2. Structure of interdepartmental commissions of the Security Council of the Russian Federation

INTRODUCTION

The democratic transformations carried out in the Russian Federation in the early 1990s led to the need to find a new model for organizing state power. This model was based on the generally accepted modern world the principle of separation of powers, as well as the introduction of the institution of presidential power. For Russia, this institution was new. Since May 1991, when it was introduced in the Russian Federation, certain experience has been accumulated, which requires generalization. In the Russian Federation, the formation of not only the institution of presidential power, but also parliamentarism, an independent judiciary, and executive authorities took place.

The purpose of this work is to identify the features of the institution of presidential power in the Russian Federation.

The tasks of the work are as follows:

· explore the formation of the institution of presidential power in the Russian Federation and its interaction with other authorities;

· to show changes in the legislation on the election of the President of the Russian Federation;

· analyze the powers of the President of the Russian Federation in various areas of his activity;

· to analyze the activities of the structures of the institute of presidency in the Russian Federation.

To write this work, literature was used, in which the regularities of the formation of the institution of presidential power in Russia, its place in government bodies, the problems of the formation and effective functioning of this institution, such as the monograph by G.V. Degtev "The formation and development of the institution of the presidency in Russia", which examines and analyzes aspects of the institution of the presidency in the Russian Federation, its place in the system of public authorities, the problems of the functioning and formation of this institution in the Russian Federation, as well as the prospects for the development of the presidency in Russia, and the textbook T .G. Arkhipova and E.P. Malysheva on the "Modern organization of state institutions in Russia", in the III section of which he considers the formation and development of the institution of presidency in the Russian Federation. Also, the study of the above issues was used such sources as the Constitution of the Russian Federation, Federal laws of the Russian Federation "On the basics of the public service of the Russian Federation", "On the election of the President of the Russian Federation", Decrees of the President of the Russian Federation "On the Plenipotentiary Representative of the President of the Russian Federation in the region of the Russian Federation", "On the apparatus Security Council of the Russian Federation”, “On additional measures to improve the structure of the Administration of the President of the Russian Federation”, “On the Plenipotentiary Representative of the President of the Russian Federation in federal district”, “On the State Council of the Russian Federation”, “On the Administration of the President of the Russian Federation”.

This work contains 5 chapters:

Chapter 1 is devoted to the prerequisites for the introduction of the institute of presidency in Russia, as well as its development initial stage;

· Chapter 2 discusses the competence of the President in interaction with other public authorities;

· Chapter 3 analyzes the development of legislation on the election of the President of the Russian Federation;

· Chapter 4 characterizes the presidential powers in various areas of his activity;

· Chapter 5 reveals the mechanism of functioning and structure of presidential power in the Russian Federation.

CHAPTER 1

In March 1990, at the 3rd Congress of People's Deputies, the post of President of the USSR was established. It became clear that Russia also needed the President - as the highest official who would take care of strengthening his independence, representing and protecting his interests.

The choice of the optimal model of the institute of presidency in Russia has become one of the key problems in the preparation of the draft of the new Constitution of Russia. The question arose in the constitutional commission: should the President be the head of the executive power, or should the executive power be headed by the government. The constitutional commission supported the version of the presidential republic, embodied with minor adjustments in the 1991 Law "On the President of the RSFSR".

When developing the presidential model, the question was whether the President should be responsible to the people for the sovereignty of the state, for the reliability and integrity of the state system, for the reasonable cooperation of state bodies, or he should be a business executive - a manager. It was decided that "the President should not be an all-Russian" house manager ". He must manage power, on the basis of a strict division of power functions. The role of the "house manager" was to be assumed by the Government - the Council of Ministers, elected by the parliament and responsible to it. Critics of the establishment of the post of President in the system of state bodies of the RSFSR believed that this created real conditions for the concentration of power in the hands of one person, and that the establishment of the post of President of Russia would not contribute to the strengthening of the USSR, but to its destruction. Supporters of the institution of the presidency argued the inability of the deputy corps to carry out radical changes in the political and economic life of the state, they opposed the legislative power to the mobile executive power.

The concept of the institution of the presidency, where the president is the head of the executive branch and the highest official, seemed to many deputies more democratic than a similar institution of power at the level of the USSR.

Article 5 of the Law "On the Presidency of the RSFSR" dated April 24, 1991, consolidated the Presidential powers, which became the foundation of the institution of the Presidency in Russia, combining two main components of the status of the President: the de facto head of state and the constitutional head of the executive branch.

But even with such serious changes in the highest bodies of Russia, leading role still played the Congress and the Supreme Soviet of the RSFSR, because. all the powers of the President were determined by the parliament itself; the budget, all programs of the President, his administration, all executive power was financed by the parliament; Parliament reserved the right to overrule any decree of the President; Parliament reserved the right to dismiss the President of the Russian Federation. Apparently, therefore, out of 898 people's deputies who took part in the vote, 690 voted in favor of approving the Law "On the President of the RSFSR"

After the referendum, the laws of the RSFSR of April 24, 1991 "On the President of the RSFSR", "On the election of the President of the RSFSR" and of June 27, 1991 "On taking office of the President of the RSFSR" were adopted. Corresponding changes and additions were made to the Constitution of the RSFSR of 1978, in which a special chapter appeared. On the basis of these legislative acts, the first President of Russia was elected by universal, direct, equal elections by secret ballot on June 12, 1991. They became B.N. Yeltsin, who previously held the position of Chairman of the Presidium of the Supreme Soviet of the RSFSR.

The introduction of the post of President of Russia was the result of progressive democratic processes in Russian society and in its political system. It reflected the process of transformation political power from the system of party organs and organizations to the system of state organs and organizations, including the institution of the President and the Soviets.

There were other reasons too:

Firstly, the desire to fill, with the introduction of the post of President of the RSFSR, a kind of “vacuum” that arose in the process of economic and political reforms, when “the old system in which the party was the supreme governing body has outlived its usefulness and is being dismantled. The ongoing processes turned out to be not properly supported by the creation of strong mutually balancing and mutually controlling structures in state system, the role of which was previously performed by the party.

Second, the need to change federal ties. The President of the RSFSR was supposed to act as a coordinator in the relations between the sovereign republics.

Thirdly, the need to have an integrating force not only in the political system of society and the system of separation of powers, but also in society itself.

Fourth, the need to strengthen executive power and improve management efficiency.

Among other things, the establishment of the post of President of the RSFSR was connected to a certain extent with the need to make quick decisions on current issues requiring prompt intervention due to the efficiency of the presidential power.

The President of the RSFSR, in accordance with the legislation of 1991, was endowed with broad powers. He had legislative powers, traditional for the heads of all states; signed and promulgated the laws adopted by the Supreme Soviet of the RSFSR, and could return the law for re-consideration to the Supreme Soviet (powers did not extend to acts of the highest legislative body - the Congress of People's Deputies of the RSFSR), had the right of legislative initiative.

The President was endowed with broad powers in the sphere of executive power: he appointed and dismissed all members of the Council of Ministers (the consent of the Supreme Council was required only for the appointment of the Chairman of the Council of Ministers and for the President to accept the resignation of the Government as a whole); took measures to ensure state and public security, etc.

However, the institution of the presidency in Russia until December 12, 1993 did not fully deny the sovereignty of the Soviets, since it secured the accountability of the President to the Congress of People's Deputies.

Decree of the President of the Russian Federation No. 1400 of September 21, 1993 "On the dissolution of the Supreme Council, the Congress of People's Deputies of Russia and the holding of elections to the Federal Assembly and the Election of the President of the Russian Federation" broke the current state system and actually introduced a presidential republic. “A line was drawn under the Soviet form of state organization in Russia. Following the Supreme Council, the councils of the lower levels were liquidated.

On December 12, 1993, elections were held for new legislative bodies and a referendum on a new Constitution. According to the Constitution of 1993, the President occupies a special position in the system of federal state bodies formed after 1993, which will be discussed below.

Thus, from all of the above, we can conclude that in the early 90s, the introduction of the institute of presidency in Russia was vital, in connection with the political and economic situation that had developed. It reflected the process of transformation of political power from the system of party bodies and organizations into the system of state bodies and organizations, including the institution of the presidency and the Soviets.

CHAPTER 2. THE PLACE OF THE PRESIDENT IN THE SYSTEM OF STATE AUTHORITIES

According to the Constitution of the Russian Federation, the President of the Russian Federation plays the leading role in the state system. The status of the head of state predetermines the scope of his powers to ensure the unity and stability of the system of state power, its effective functioning in the conditions of separation of power into legislative, executive and judicial. The President must ensure that all organs of state power carry out their constitutional duties within the limits of their competence.

The position of the President in the system of public authorities is associated with the constitutional prerogatives of the head of state in relation primarily to the executive branch.

Endowed with broad powers and constantly interacting, the President and the government are two independent bearers of state power, to a large extent come into contact in the performance of the functions assigned to them. The relationship between the President of the Russian Federation and the Government is regulated not only by the Constitution, but also by federal laws.

The President ensures the coordinated functioning and interaction of the Government and other authorities, primarily with the chambers Federal Assembly.

The President can influence the activities of the Government: approves the structures of federal executive bodies; appoints Deputy Prime Ministers and Ministers; the right to chair meetings of the Government; control over the legality of its acts; direct subordination of law enforcement agencies to him. The President has the right to dismiss the Government, or accept the resignation of the Prime Minister, which entails the resignation of the Government as a whole.

In this regard, government executive bodies are more closely connected with the President than other branches of government.

In the judicial sphere, the President of the Russian Federation submits to the Council of Federations candidates for appointment to the positions of judges of the Constitutional Court, the Supreme Court and the Supreme Arbitration Court. In turn, when deciding on the removal of the President from office, the Supreme Court gives a conclusion that there are signs of a crime in the actions of the President; The Constitutional Court issues an opinion on compliance with the established procedure for bringing charges.

The unifying function of the President of the Russian Federation is manifested in the fact that, according to the Constitution, he ensures the coordinated functioning and interaction of state authorities. The President has been granted the right to use conciliation procedures to resolve disagreements between the state authorities of the Russian Federation and the state authorities of the subjects of the Federation, as well as between the state authorities of these subjects.

The regulation of relations between the President and the Federal Assembly is based on ensuring the autonomy and independence of these power institutions, but this does not mean that they are completely separated. On the one hand, obligatory links have been established between them (the President's address to the Federal Assembly, the President's submission of draft laws, candidates for relevant positions). On the other hand, there is a system of balances in the form of the possibility of dismissal of the President from office and the dissolution of the President of the State Smoke of the Federal Assembly. The President has the right to issue decrees and orders. The President may reject a federal law passed by the State Duma, but in due course the State Duma and the Council of Federations may override this veto.

A number of advisory bodies operate under the President: the Security Council, established by Decree of the President of the Russian Federation of June 3, 1992, and the State Council, formed on September 1, 2000, where he presides. The President also forms his own administration and exercises general leadership over it. At the same time, the administration itself is not a body of power. The structure of presidential power includes authorized representatives of the President in the federal districts.

In exercising his constitutional powers, the President, through his authorized representatives in the State Duma, the Council of Federations and the Constitutional Court of the Russian Federation, interacts with the legislative and judicial branches of power.

The place of the President in the system of state authorities was not immediately determined. With the introduction of the institution of the president in the RSFSR and the election of the first President of the RSFSR, the foundation of the constitutional crisis was laid. The crisis was predetermined by the half-heartedness of the constitutional reform of 1990-1991, when elements of the mechanism of separation of powers were introduced into the Constitution of the RSFSR of 1978 and the position of the President of the RSFSR was introduced, while maintaining the uncertain status of the Congress of People's Deputies as the highest body of state power, having the right to take into consideration and decide any question related to the jurisdiction of the RSFSR. This led to contradictions in constitutional norms that did not delineate the powers of the executive, legislative and judicial branches.

This provoked a confrontation and opposition between the formal powers of the executive branch headed by the President of the RSFSR and the legislative bodies represented by the Congress of People's Deputies and the Supreme Soviet of the RSFSR.

The replacement of the Soviets of People's Deputies by another system of representative institutions in 1993 seemed to be a solution to the solution of contradictions in the system of state power. All questions and problems concerning the relationship and interaction between the head of state and parliament were formulated in the draft of the new Constitution of 1993.

The 1993 Constitution put an end to the differences between the President and Parliament. Parliament literally became a legislative body and was aligned with the status of other branches of power, thereby providing the necessary constitutional and legal balance.

CHAPTER 3. DEVELOPMENT OF THE LEGISLATION ON THE ELECTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION IN 1991-2000

Legislation on the election of the President of the Russian Federation is based on constitutional foundations. Thus, a citizen of the Russian Federation who has reached the age of 35 and has permanently resided in the territory of the Russian Federation for at least 10 years can be elected President.

According to the Constitution of the Russian Federation, the procedure for electing the President is determined by federal law. The first such law was adopted on April 24, 1991, the second - "On the Election of the President of the Russian Federation" - on April 21, 1995, with a number of changes. So if the President of the RSFSR was elected for a term of five years, then the President of the Russian Federation was now elected for four years on the basis of universal, equal and direct suffrage by secret ballot. Elections of the President of the RSFSR were appointed by the Congress of People's Deputies of the RSFSR, now - by the Council of Federations of the Federal Assembly.

The federal law granted the right to nominate the President directly to voters and electoral associations. Electoral blocs created for the period of the presidential elections were also entitled to nominate candidates.

Under the 1991 Law, presidential candidates could be nominated by republican political parties, trade unions, and mass social and political movements. Work collectives, meetings of citizens at the place of residence and military personnel in military units also had the right to directly nominate candidates. The ballot paper included candidates supported by 100,000 citizens, as well as candidates who received the support of at least one-fifth of the total number of people's deputies of the RSFSR.

The 1995 law establishes a clearer and more rigorous procedure for nominating candidates for the presidency. Electoral associations nominated candidates at congresses by secret ballot. Citizens exercised their right to directly nominate a candidate by creating an initiative group of voters in the amount of at least 100 people, who then registered with the Central Election Commission.

As before, electoral associations and initiative groups of voters collected voter signatures in support of the candidates. Now it was necessary to collect at least 1 million signatures of voters, and one subject of the Russian Federation should have accounted for no more than 7% of the required number of signatures.

A number of clarifications to the electoral legislation were introduced by the third Federal Law "On the Election of the President of the Russian Federation", adopted on December 31, 1999. The law retained the basic principles of the electoral system contained in the 1995 Law. In addition, the Law contained a number of new provisions. The Law provided for a clearer rule on the term of office of the President of the Russian Federation: he takes office after four years from the day the President elected in the previous elections takes office. Guarantees to ensure the equal status of candidates have been strengthened. The law established a wider list of documents to be submitted by a candidate for the position of President. The Central Election Commission provided information about the amount and sources of income, information about the property not only of the candidate, but also of his closest relatives.

The 1999 law provided the candidate with a number of guarantees, including those of a material nature, ensuring his independence. A presidential candidate could not be prosecuted, arrested, or subjected to administrative penalties imposed in court without the consent of the Prosecutor General of the Russian Federation.

In 2003, the fourth Federal Law of January 10, 2003 "On the Election of the President of the Russian Federation" came into force.

It supplemented the 1999 Law. It clarified the procedure for self-nomination of a candidate, as well as the procedure for nominating a candidate by a political party or an electoral bloc. It also set the voting day for the next presidential election - the second Sunday in March.

The 2000 law spelled out in detail the provisions relating to the financial component of the presidential elections, the provision of airtime and print space to candidates.

Thus, there were no fundamental changes in the electoral legislation, but a number of important provisions were introduced, such as: the introduction of a clear norm for the terms of office of the President; strengthened guarantees of equal status of the candidate; providing a number of guarantees to the candidate; a wider list of documents to be submitted by a candidate for the position of the President of the Russian Federation was established, and the procedure for self-nomination of a candidate was clarified. A voting day was also set for the next presidential elections in the Russian Federation.

CHAPTER 4. POWERS OF THE PRESIDENT OF THE RUSSIAN FEDERATION

The powers of the president cover several areas:

1) powers related to the legislative bodies of state power;

2) powers related to the activities of the executive bodies of state power;

3) powers related to the activities of judicial authorities;

4) powers in the field of defense and ensuring the security of the state;

5) powers in the field of foreign policy;

6) other powers.

§one. Powers of the President of the Russian Federation related to the legislative authorities

The Constitution imposes on the President of the Russian Federation a number of powers related to the activities of the State Duma. The President calls the election of the State Duma in connection with the expiration of its term of office, as well as in the event of its dissolution.

In the legislative sphere, the President of the Russian Federation is endowed with the right of legislative initiative, the right to make proposals for amendments, the revision of the provisions of the Constitution of the Russian Federation, to sign and promulgate laws, the right of suspensive "veto" in relation to federal laws. The Constitution of the Russian Federation establishes the powers of the President to issue legal acts in the form of decrees and orders, and also establishes the President's appeal to the Federal Assembly. This appeal does not have the force of law, it is in the nature of policy documents.

§2 .Powers of the President of the Russian Federation related to the executive authorities

The President of the Russian Federation is most closely connected with the executive branch. He is not the head of the executive branch and is not part of its system. The President of the Russian Federation exercises influence on the Government of the Russian Federation through personal appointments of its members and making important decisions in the sphere of executive power.

The President appoints the Prime Minister (after agreeing on a candidate for the State Duma), decides on the resignation of the Government. He has the right, at his own discretion, to chair meetings of the Government of the Russian Federation.

The President of the Russian Federation is vested with the right to suspend the acts of the executive authorities of the subjects of the Russian Federation in the event of a conflict between these acts of the Constitution and federal laws, but he cannot suspend the acts of the legislative authorities of these subjects.

§3 .Powers of the President of the Russian Federation related to the judiciary

In accordance with the Constitution of the Russian Federation, judges of the highest judicial bodies of the Russian Federation are appointed on the proposal of the President. Judges of the Constitutional Court are appointed by the Federation Council by secret ballot on the proposal of the President of the Russian Federation.

The President submits to the Council of Federations candidates for the positions of judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, and the Prosecutor General of the Russian Federation. On the proposal of the President of the Russian Federation, the Federation Council may dismiss the Prosecutor General from office.

§four .Powers of the President of the Russian Federation in the field of national defense and state security

According to the Constitution of the Russian Federation, the President appoints and dismisses the high command of the Armed Forces of the Russian Federation. The President approves the concept and plans for the construction of the Armed Forces, mobilization plans for the preparation and accumulation of mobilization reserves and operational equipment.

The powers of the President include the adoption of decrees on the conscription of citizens for military service, the approval of planned civil defense and the deployment of the Armed Forces. The President determines the main directions of reform in the field of defense and security, the concept of military development.

The President of the Russian Federation forms and heads the Security Council, approves the military doctrine, introduces martial law in the event of aggression or an immediate threat of aggression, and a state of emergency to ensure the country's security.

§5 .Powers of the President of the Russian Federation in the field of foreign policy

The President, in cooperation with the Parliament, develops a strategic foreign policy course and directly manages its implementation. The President establishes direct contacts with the heads of other states, personally participates in important international meetings, negotiates on fundamental issues with the heads of state and government of other countries. He personally signs important international treaties on behalf of the Russian Federation.

The President of the Russian Federation is responsible for determining the foreign policy of the state and its implementation by federal state bodies.

The Ministry of Foreign Affairs of the Russian Federation is subordinate to the President on issues assigned to the President by the Constitution and legislative acts of the Russian Federation.

The President receives letters of credence and letters of recall from diplomatic representatives accredited to him.

The President appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations.

Despite all the powers, the President cannot be independent of the Federal Assembly in the implementation of foreign policy, because. Parliament issues the necessary laws, ratifies treaties, allocates funds.

§6 .Powers of the President of the Russian Federation in relation to the subjects of the Federation

The President of the Russian Federation has a very important role in the system of state authorities. It ensures the coordinated work and interaction of public authorities. When performing this function, the President acts as an "arbiter". This refers to the relationship between federal bodies and state authorities of the constituent entities of the Russian Federation. To resolve disagreements, the President may use conciliation procedures.

He can use these procedures to resolve conflicts and disagreements, firstly between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Federation, and secondly, between the state authorities of the subjects.

The essence of conciliation procedures is to achieve mutual consent of the parties between which disagreements have arisen and are designed to ensure a solution to the problem without elements of coercion.

§7 .Other powers of the President of the Russian Federation

Art. 89 of the Constitution of the Russian Federation contains a list of powers of the President of the Russian Federation relating to the individual - a citizen, a stateless person, a foreign citizen. The President is authorized to decide the issue of Russian citizenship.

Only the President has the right to grant political asylum.

The President carries out the highest form of state encouragement - the awarding of state awards of Russia. The President confers honorary titles of the Russian Federation, approves the status of orders and regulations on medals, and issues decrees on awarding them.

The President has the right to pardon. The powers of the President also include calling a referendum.

Thus, the powers of the President of the Russian Federation cover a rather large area. The president is endowed with great real powers, which he exercises independently, legally independently of other bodies, but in close cooperation with them.

CHAPTER 5. MAIN STRUCTURES OF THE INSTITUTION OF THE PRESIDENT IN RUSSIA

§one .Administration of the President of the Russian Federation

The Presidential Administration ensures the activities of the head of state, creates conditions for the President to exercise his powers. The Presidential Administration prepares draft decrees, orders, instructions, addresses of the President, and other documents. The Presidential Administration controls and verifies the implementation of federal laws, decrees, orders and instructions of the President and submits relevant reports to him.

The Presidential Administration ensures the interaction of the President with political parties, associations, unions, as well as with state bodies and officials of foreign states, etc.

During its existence, the structure and composition of the RF AP has changed many times.

The current structure of the Presidential Administration was approved by the Decree of the President of the Russian Federation of March 25, 2004 "On the Administration of the President of the Russian Federation"

In accordance with the decree, the Head of the Presidential Administration has two deputies. The Presidential Administration includes plenipotentiaries of the President in state authorities, at the European Court of Human Rights, plenipotentiaries of the President in federal districts.

The AP includes 12 independent departments, the Referent Office of the President, and the Office of the President. The Administration also includes the staff of the Security Council.

The Presidential Administration ensures the activities of the State Council, other councils and commissions under the President. There are about 2,000 civil servants in the Administration. The largest of the divisions of the Administration are the Control Department, the State Legal Department, the Department of Information and Documentation Support of the President of the Russian Federation.

AP is a state body, entity but not a business entity. The Department of Presidential Affairs is responsible for the material, technical and financial support of the activities of the President and his Administration. It is an independent federal executive body and is not part of the Administration.

§2. Security Council of the Russian Federation

The prototype of the Security Council can be considered the Security Council of the USSR, formed on December 26, 1990. It was entrusted with the development of recommendations for the implementation of the all-Union policy in the field of defense, for maintaining its reliable state, economic and environmental safety, overcoming the consequences of natural disasters and other emergencies, ensuring stability and legal order in society.

By the Decree of the President of the Russian Federation of June 3, 1992, the Security Council of the Russian Federation was formed - "to ensure the implementation of the functions of the president in governing the state, the formation of domestic, foreign and military security policy, the preservation of the state sovereignty of Russia, the protection of the rights and freedoms of citizens.

The Security Council prepares decisions of the President of the Russian Federation on the protection of the vital interests of the individual, society and the state from internal and external threats, and the implementation of a unified state policy in the field of security.

The Security Council consists of permanent members of the Security Council appointed by the President of the Russian Federation, which include the Chairman of the Government of the Russian Federation and Secretary S. B. The Minister of Defense of the Russian Federation, the Minister of Foreign Affairs, and the Director of the FSB are appointed as permanent members of the Security Council. Heads of federal ministries and departments appointed by the President of the Russian Federation may also be members of the Security Council.

The Chairman of the Security Council is the President of the Russian Federation.

The main working bodies of the Security Council are interdepartmental commissions. They are formed in accordance with the main tasks and activities of the Security Council. (Attachment 1)

The scientific support of the activities of the Security Council is carried out by the scientific council, the composition of which is approved by the President of the Russian Federation.

The Scientific Council has the following functions:

Development and improvement of the methodology for identifying, assessing and predicting security threats;

Holding comparative analysis theoretical provisions and practical measures for the national security of foreign countries;

Participation in the review and evaluation of information on the state of national security of the Russian Federation, etc.

The scientific council includes representatives of the Russian Academy of Sciences, heads scientific organizations and educational institutions higher education as well as individual professionals.

The activity of the Security Council is provided by its apparatus. The structure, staff list and regulations on it are approved by the President of the Russian Federation on the proposal of the Secretary of the Security Council, agreed with the Head of the Presidential Administration.

The Staff of the Security Council prepares for the meetings of the Security Council and materials for them; prepares draft resolutions of the Security Council; develops draft federal laws and UAZs of the President of the Russian Federation; ensures the operation of interdepartmental commissions and the scientific council under the Security Council.

Thus, the Security Council occupies an important place in the system of bodies for ensuring the powers of the President of the Russian Federation, plays a significant role in the policy of ensuring the national security of Russia.

§3. Plenipotentiaries of the President of the Russian Federation

The Institute of Plenipotentiary Representatives of the President of the Russian Federation in the Federal Districts was founded in 2000 as a forced measure to restore the power functions of the federal center in the regions that ignored the requirements and legitimate interests of the Russian Federation.

The territorial representation of the President of the Russian Federation is carried out through his authorized representatives in the federal districts. Seven federal districts have been established.

The plenipotentiary representative is appointed and dismissed by the President of the Russian Federation on the proposal of the Head of the Presidential Administration. The plenipotentiary is directly subordinate to the President and is accountable to him. The Plenipotentiary Representative is a civil servant and is a member of the Administration of the President of the Russian Federation.

The tasks and functions of the plenipotentiary representative of the President of the Russian Federation are derived from presidential competence. Its main tasks include:

1) organization of work on the implementation by public authorities of the main directions of state policy;

2) organization of control over the execution of decisions of federal authorities;

3) ensuring the implementation of the personnel policy of the President of the Russian Federation;

4) submission to the President of reports on ensuring national security in the federal district; political, social and economic situation in the district; making appropriate proposals to the President of the Russian Federation.

The plenipotentiary in the federal district plays an important role in ensuring constitutional legality. It organizes control over the implementation of federal laws, decrees and orders of the President, resolutions of the Government of the Russian Federation, over the implementation of federal programs, and also resolves disagreements between federal state authorities and state authorities of the constituent entities of the Russian Federation located within the federal district.

The plenipotentiary is not endowed with independent competence, his appointment is to ensure the exercise of presidential powers.

§four .State Council of the Russian Federation

The State Council is an advisory body under the President of the Russian Federation, formed on September 1, 2000. The Chairman of the SG is the President of the Russian Federation, members are ex officio senior officials of the constituent entities of the Russian Federation. To resolve operational issues, the Presidium of the Council is formed, consisting of seven of its members, subject to rotation once every six months. Council meetings are held regularly, but at least once every three months. The Presidium meets as needed.

The core tasks of the GS include:

1) assistance in the implementation of the powers of the President to ensure the coordinated functioning and interaction of authorities;

2) assistance to the President of the Russian Federation when he uses conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation.

Also, the GC is called upon to discuss, at the suggestion of the President of the Russian Federation, federal laws and decrees of the President of the Russian Federation that are of national importance, including questions about the federal budget.

Thus, the powers of the President of the Russian Federation are exercised through the mechanism of presidential power, the structures of which are each responsible for their own field of activity.

CONCLUSION

From the foregoing, we can conclude that the introduction of the post of President of Russia was the result of progressive democratic processes in Russian society and in its political system, which reflected the process of transformation of political power from the system of party bodies and organizations into the system of state bodies and organizations, including the institution of the president and the Soviets, as well as the desire to fill, with the introduction of the post of President of the RSFSR, a kind of "vacuum" that arose in the process of economic and political reforms, when the "old system", in which the party was the supreme governing body, outlived itself and was dismantled, since the ongoing processes turned out to be unsupported in due degree by the creation of strong mutually balancing and mutually controlling structures in the state system, the role of which was previously performed by the party. Also, the introduction of the institution of the presidency was caused by the need to change federal ties, the need to strengthen the executive power and improve management efficiency, as well as to make quick decisions on current issues that require prompt intervention.

Thus, in the early 90s, the introduction of the institute of presidency in Russia was vital, in connection with the created political and economic situation. It reflected the process of transformation of political power from the system of party bodies and organizations into the system of state bodies and organizations, including the institution of the presidency and the Soviets.

The emergence of the institution of presidency in the Russian Federation marked the beginning of the reform of the entire executive vertical. Over the years, the institution of the presidency has overcome the transition from one political system to another, maintaining and strengthening its stability, and since 1993 changing its status and place among the highest bodies of state power.

Since 1991, the institution of the presidency in Russia, along with other institutions of statehood, has been in the process of constant development and modernization.

The President of the Russian Federation, being the head of state, organizes the interaction of all branches of power, thereby ensuring their coordinated functioning.

Repeated changes in the electoral legislation did not produce significant changes, but a number of important provisions were introduced, such as: the introduction of a clear norm for the terms of office of the President; strengthened guarantees of equal status of the candidate; providing a number of guarantees to the candidate; a wider list of documents to be submitted by a candidate for the position of the President of the Russian Federation was established, and the procedure for self-nomination of a candidate was clarified. A voting day was also set for the next presidential elections in the Russian Federation.

The president has become endowed with great real powers, which he exercises independently, legally independent of other bodies, but in close cooperation with them, through the mechanism of presidential power, the structures of which are each responsible for their own field of activity.

LIST OF USED SOURCES AND LITERATURE

I . Sources

1. The Constitution of the Russian Federation. Adopted by popular vote December 12, 1993 Ed. official. M., 2005.

2. Federal Law of July 31, 1995 "On the foundations of the public service of the Russian Federation" // SZ RF. 1995. No. 31. Art. 2990.

3. Decree of the President of the Russian Federation of July 9, 1997 "On the plenipotentiary representative of the President of the Russian Federation in the region of the Russian Federation" // SZ RF. 1997. No. 34; 2000 No. 20. Art. 2112.

4. Federal Law of January 10, 2003 "On the Election of the President of the Russian Federation" // SZ RF. 2003. No. 2. Art. 171.

5. Decree of the President of the Russian Federation of March 28, 1998 "On the apparatus of the Security Council of the Russian Federation" // SZ RF. 1998. No. 14. St. 1536; 2004. No. 40. Art. 3929.

6. Decree of the President of the Russian Federation of January 30, 1999 "On additional measures to improve the structure of the Administration of the President of the Russian Federation" // SZ RF. 1999. No. 5. St. 652; 2004. No. 40. Art. 3929.

7. Decree of the President of the Russian Federation of May 13, 2000 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District" // SZ RF. 2000. No. 20. St. 2112; 2004. No. 41. Art. 4021.

8. Decree of the President of the Russian Federation of September 1, 2000 "On the State Council of the Russian Federation" // SZ RF. 2000. No. 36. Art. 3633.

9. Decree of the President of the Russian Federation of March 25, 2004 "On the Administration of the President of the Russian Federation" // SZ RF. 2004. No. 13. St. 1188.

II . Literature

10. Modern organization of public institutions in Russia: Textbook / T.G. Arkhipova, E.P. Malyshev. – M.: RGGU, 2006. – 605 p. ill.11. 11. 11. Degtev G.V. Formation and development of the institute of presidency in Russia: theoretical, legal and constitutional foundations / G.V. Degtev. - M. - Jurist, 2006. - 237 p.

LIST OF ACCEPTED ABBREVIATIONS.

AP - Administration of the President of the Russian Federation

State Duma - State Duma

GS - State Council

RF - Russian Federation

SB - Security Council of the Russian Federation

SZ RF - "Collection of Legislation of the Russian Federation"

ATTACHMENT 1

INSTITUTE OF THE PRESIDENCE OF THE RUSSIAN FEDERATION

APPENDIX 2

INTERDEPARTMENTAL COMMISSIONS OF THE SECURITY COUNCIL OF THE RUSSIAN FEDERATION.

Constitutional powers of the President of the Russian Federation

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

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

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

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

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

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

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

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

Constitutional and legal status of the President of the Russian Federation

Constitutional and legal status of the President of the Russian Federation defined in Articles 80-93 of the Constitution of the Russian Federation. Its essence is revealed through the features that characterize the President of the Russian Federation as:

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

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

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

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

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

Most of the functions of the President of the Russian Federation, due to his constitutional powers, are implemented by him in the field of public administration. These are, first of all, the issues of appointing officials and managing the activities of the state apparatus. In addition, the President of the Russian Federation has the right to suspend the acts of the executive authorities of the constituent entities of the Russian Federation in case they contradict the Constitution and legislation, international obligations of the Russian Federation, as well as in case of violations of the rights and freedoms of a person and a citizen by these acts until this issue is resolved by the appropriate court (part   2 of Art. 85). He has the right to call elections to the State Duma, to announce a referendum, through which there is a direct connection between civil society and the state. Presidential powers are largely exercised through the issuance of legal acts of a normative and non-normative nature.

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

To ensure the activities of the President of the Russian Federation, the Constitution provides for his right to form Administration of the President of the Russian Federation, which is the executive apparatus, assisting him in the exercise of constitutional powers. The regulation on the Administration of the President of the Russian Federation and the relevant decrees define its main functions: organizational support for the activities of the President of the Russian Federation; information-consulting and analytical work; ensuring interaction with the Government, parliament, representative and executive authorities of the subjects of the federation, the activities of public advisory councils under the President of the Russian Federation; preparation of decrees and orders issued by him, control over their execution, organization of protocol events, communication with the media, etc.

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

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

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

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

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

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

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

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

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

constitutional requirements to the presidential candidate:

the presence of citizenship of the Russian Federation;

reaching the age of 35;

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

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

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

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

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

Plenipotentiary representative of the President of the Russian Federation in the federal district - an official representing the President of the Russian Federation in the territory of the corresponding federal district and ensuring the exercise of the constitutional powers of the President of the Russian Federation in the territory of the district.

Tasks of the Plenipotentiary Representative:

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

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

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

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

The main functions of the Plenipotentiary Representative:

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

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

c) approval of candidates for positions of civil servants;

d) analysis of the effectiveness of the work of law enforcement agencies;

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

f) submission to the President of the Russian Federation of submissions on the suspension of acts of the executive authorities of the constituent entities of the Russian Federation that contradict the Constitution of the Russian Federation, federal legislation and international obligations of the Russian Federation.

The authorized representative in the exercise of his functions:

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

b) send complaints and appeals of citizens residing in the district to federal government bodies;

c) involve employees of federal government bodies in conducting inspections on the territory of the district;

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

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

f) makes proposals to the federal bodies of state power on encouraging the heads of their territorial bodies or applying disciplinary measures against them;

g) exercise other powers in accordance with the law.

Plenipotentiary Representative of the President of the Russian Federation:

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

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

test questions

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

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

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

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

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

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

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

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

9. What are the names of federal districts in Russia? List the subjects of the federation included in them.

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

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

President of the Russian Federation elected for four years by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot (at least 35 years old, permanently residing in Russia for 10 years, at least 51% of the vote). Takes office 30 days after the official announcement of the election results. Inoguration - pronouncing an oath, presenting personal symbols (the standard of the President - the state flag with the coat of arms), an identity card, a badge of the President (the ribbon of St. Andrew the First-Called, recruitment with the name of the President and the date of taking office, which consists of gold and enamel) Administration of the President of the Russian Federation - body that provides assistance to the President of the Russian Federation. The same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.

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

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

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

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

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

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

The President of the Russian Federation issues decrees and orders. Decrees and orders of the President of the Russian Federation are binding on the entire territory of the Russian Federation. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.

The President of the Russian Federation has immunity.

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

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

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

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

The President of the Republic of Tatarstan is the head of state, the highest official of the Republic of Tatarstan (at least 30 years old, the candidate is proposed by the President of the Russian Federation, appointed by the State Council of the Republic of Tajikistan)

Decree of the Federation Council of the Russian Federation on the appointment of the presidential elections in the Russian Federation for March 18, 2018. From that moment on, the election campaign begins in Russia. The TASS-DOSIER editors have prepared material on the history of the office of president in the Russian Federation.

History of the institution of the presidency

The institution of the presidency in Russia dates back to March 15, 1990. On this day general secretary The Central Committee of the CPSU Mikhail Gorbachev at the III Extraordinary Congress of People's Deputies of the USSR was elected President of the Soviet Union.

On June 12, 1990, the First Congress of People's Deputies of the RSFSR adopted a declaration on the state sovereignty of Russia. Initially, the congress spoke out against the introduction of the post of president in the republic. However, then, at the initiative of a third of the people's deputies (as required by the Constitution), the issue of establishing such a position was submitted to an all-Russian referendum.

The voting took place on March 17, 1991, simultaneously with the all-union referendum on the preservation of the USSR. In total, 101 million 776 thousand 550 people were included in the voter lists. Of these, 76 million 425 thousand 110 (75.09%) took part in the referendum. 53 million 385 thousand 275 people (69.85%) voted for the introduction of the post of president of the republic, 21 million 406 thousand 152 (28.01%) were against. 1 million 633 thousand 683 ballots were declared invalid (2.14%). Voting was not held in the North Ossetian, Tatar, Chechen-Ingush and Tuva Autonomous Republics, whose authorities boycotted the referendum.

On April 24, 1991, the Supreme Council of the RSFSR approved the results of the plebiscite: the laws "On the President of the RSFSR" and "On the Election of the President of the RSFSR" were adopted. On May 24, 1991, appropriate changes were made to the 1978 Constitution of the RSFSR in force at that time.

Powers of the President in 1991

According to the law, the President was the highest official and head of the executive branch in the country. A citizen of the republic no younger than 35 and no older than 65 could be elected to this post. The presidential term was five years.

At the same time, the Congress of People's Deputies of the RSFSR had much greater powers than the head of state. According to Art. 104 of the Constitution, it was the congress that was the highest authority in Russia. Its exclusive jurisdiction included the determination of domestic and foreign policy; adoption of the Constitution and amendments to it; a change in the national-state structure of the republic, as well as the election of members of the Constitutional Court of the RSFSR.

In addition, the congress could cancel any acts of the highest official of the republic. The president could appoint the head of government, as well as dissolve the cabinet of ministers only with the consent of the Supreme Council of the RSFSR (he acted constantly between the convocations of the congress, was elected at the congress from among the people's deputies). According to the Constitution, the head of state did not have the right to dissolve the Congress of People's Deputies and the Supreme Soviet of the RSFSR, or suspend their activities.

Changes in presidential powers in 1992

The elections of the first Russian president took place on June 12, 1991. Boris Yeltsin won them with 57.38% of the votes. On December 25, 1991, the RSFSR was renamed the Russian Federation by the decision of the Supreme Council, the president of the republic became known as the president of the Russian Federation.

On December 9, 1992, the 7th Congress of People's Deputies of the Russian Federation expanded the powers of the Russian parliament. It was established that the Supreme Council gives its consent not only to the appointment of the head of government by the president, but also to four key ministers: foreign affairs, defense, security, and internal affairs. At the same time, the parliament received the right to appoint the chairman of the Central Bank of the Russian Federation.

Changes were also made to Art. 121-6 of the Basic Law, which stated that the powers of the president cannot be used to dissolve or suspend the activities of elected bodies of state power. According to the amendment, in case of violation of this article, the president's powers "are terminated immediately."

Crisis of 1993

In 1992-1993 A sharp confrontation unfolded between Russian President Boris Yeltsin and the Congress of People's Deputies of the Russian Federation. The head of state sought to eliminate constitutional restrictions on his powers. Parliament, in turn, opposed the socio-economic and foreign policy pursued by the president and his team. The deputies also refused to retain the head of state's emergency powers granted to him at the Fifth Congress of People's Deputies of the RSFSR in November 1991 to carry out economic reform.

On September 21, 1993, the President of the Russian Federation signed Decree No. 1400 "On a phased constitutional reform", which dissolved the Congress of People's Deputies and local Soviets, and called elections to a new parliament - the Federal Assembly. On the same day, the Constitutional Court of the Russian Federation recognized this decision as contrary to the Basic Law. According to the Constitution, the Supreme Council of the Russian Federation terminated the powers of Boris Yeltsin as head of state and entrusted their execution to the vice-president of the Russian Federation Alexander Rutskoy.

Over the following days, the building of the Supreme Council on Krasnopresnenskaya Embankment in Moscow was blocked by internal troops and the police, who were following Yeltsin's orders. Rallies of supporters of the Congress of People's Deputies met with forceful opposition from the Ministry of Internal Affairs for two weeks. On October 4, 1993, troops loyal to Boris Yeltsin, after tank shelling, stormed the parliament building and arrested Alexander Rutskoi, Chairman of the Supreme Council of the Russian Federation Ruslan Khasbulatov and other leaders of the opposition. During the October events, more than 140 people were killed, several hundred were injured.

Powers of the President of the Russian Federation in the Constitution of 1993

On December 12, 1993, a popular vote was held on the draft of the new Constitution. 106 million 170 thousand 835 people were included in the voter lists. 58 million 187 thousand 755 (54.81%) voters took part in the voting. Of these, 32 million 937 thousand 630 (58.43%) voted for the adoption of the Basic Law. 23 million 431 thousand 333 (41.57%) were against.

In the Constitution of the Russian Federation of 1993, the powers of the president were significantly expanded. The Basic Law proceeds from the dominant position of the first person in the system of state authorities, which is also reflected in the order of chapters of the Constitution: chapter 4 "President of the Russian Federation" precedes chapter 5 "Federal Assembly". According to Art. 80 of the Basic Law, the president received the status of "head of state", "guarantor" of the Constitution, as well as the rights and freedoms of man and citizen. It occupies a special place in the system of power and is not included directly in any of its branches.

In the Basic Law, the competence of the President includes the determination of Russian domestic and foreign policy. His decrees and orders are binding on the entire territory of the Russian Federation. Also, the head of state received the right to single-handedly decide on the resignation of the government (appointment of the prime minister still takes place with the consent of parliament). In addition, the president submits to the State Duma a candidate for appointment to the post of chairman of the Central Bank, to the Federation Council - candidates for appointment to the post of judges of the Constitutional Court.

The tenure of the first person in power in 1993 was reduced to four years. The right to be elected to this post was given to citizens of the Russian Federation not younger than 35 years old, permanently residing in the country for at least 10 years. According to paragraph 3 of the Final and Transitional Provisions of the Constitution, President Boris Yeltsin exercised his powers until the end of his original term, that is, until 1996 (he was re-elected in the same year).

Changes in presidential powers after 2000

On December 31, 1999, Boris Yeltsin announced his early resignation and assigned the duties of the head of state to Russian Prime Minister Vladimir Putin. On March 26, 2000, Vladimir Putin was elected President of Russia, and was subsequently re-elected in 2008 and 2012.

In the 2000s A number of amendments were made to the Basic Law of the Russian Federation, which expanded the rights of the head of state. In accordance with the amendments of December 30, 2008, the presidential term was extended to six years (starting from the 2012 elections).

In 2014, the head of state received the right to appoint no more than 10% (17 people) of the members of the Federation Council of the Russian Federation. In addition, he began to submit to the upper house of the Federal Assembly candidates for the appointment of judges of the Supreme Court, as well as candidates for the post of Attorney General and his deputies.