The President as the head of state in foreign countries. Head of state in foreign countries. Institute of Retraining and Advanced Training
HEAD OF STATE IN FOREIGN COUNTRIES Place of the head of state in the system higher authorities state power. Competence of the head of state. 2. Monarch: features of legal status. Methods of succession to the throne. The role of the monarch in various types monarchy. Honorary and real rights of the monarch. Regency Institute. 3. The concept of the president as the head of state and his legal status. 4. The procedure for electing the president in foreign countries. Early dismissal of the President from office. Responsibility of the President. 1.
The place of the head of state in the system of supreme bodies of state power. Competence of the head of state The head of state is a constitutional body and at the same time the highest official of the state, representing the state externally and internally. the most important constitutional and legal institution, which is enshrined in all foreign constitutions. The head of state as an inalienable component parliament (Great Britain, India) as the head of the executive branch and at the same time the head of state (president in the USA) as a person who is only the head of state (president in Germany, Italy)
The role of the head of state constitutional powers can be nominal or real depending on the form of government and government regime Parliamentary forms of government the main role belongs to the government Institute of countersignature: in order for some acts of the president or monarch to be valid, the prime minister must affix their signature Mixed republics The government is accountable to the president (although he is not its head) The president exercises general management of executive activities The president is an arbiter The institution of countersignature is possible Presidential republics The President is the head of the executive branch. Forms the government independently of parliament.
The general political role of the head of state is a symbol of the unity and permanence of the nation, the state is an arbiter between institutions, the highest representation of the state in international relations guarantor of national independence, integrity of territory, compliance with international treaties; mediation between state authorities, between state and society
Varieties of legal forms of the head of state a sole monarch who inherited his position Belgium, Great Britain, Spain, Morocco, the Netherlands and Japan a sole monarch appointed by his family - the ruling dynasty of Saudi Arabia a sole monarch of a federal state chosen (appointed) by the monarchs of the federal subjects from their midst Malaysia, United Arab Emirates
Varieties of legal forms of the head of state sole president elected by the people, parliament or a representative board for a set period of time collegial body elected by parliament for a set period of time representative of the British monarch in states with the status of a British dominion Germany, India, Italy, USA Switzerland with separate powers of the head of state transferred to the chairman of the collegial body Australia, Barbados, New Zealand, Canada Central African Republic from 1976 to 1979, when the sole or leader who seized power assumed the title of emperor. collegial head of the “junta”, “revolutionary councils”, military councils in the countries of the state that usurped Lat. America and Africa (Brazil, Peru, Ethiopia, currently in power - Egypt)
Legal forms of the head of state sole monarch president collegial Presidiums, state councils, standing committees of the highest representative bodies (USSR, Cuba, China) Spiritual leader of the state and President (Iran) Federal Council - the government performing the functions of the head of state. From its composition, the parliament elects the president for a year (Switzerland) The Supreme Council of Emirs, among which the president is the Emir of Abu Dhabi (UAE) The Junta (military, revolutionary council (Chile, Thailand)
Atypical forms of the head of state in small countries Republic of San Marino The heads of state are two equal captain-regents, elected by parliament for six months. They carry out functions in accordance with the principle of collegiality, have the right of veto in relation to each other. The Principality of Andorra. The functions of the head of state are performed by co-rulers - the Bishop of Urgell (Spain) and the President of France, i.e. officials two neighboring states Their role is nominal
General competence of the head of state Representative functions Law-making powers Supreme representative of the state inside and outside the country. Messages to the nation. Official addresses to parliament. Official visits. Participation in ceremonies and celebrations. Opening of sessions, awards, official receptions. Accepts legal and non-legal legal acts(sometimes subject to countersignature). Can adopt acts that have the force of law (in some countries).
General competence of the head of state Relationships with other highest government bodies In the field legislative branch: convenes parliament for regular and extraordinary sessions, calls early or regular elections, the right of legislative initiative, messages (speech from the throne) to parliament, promulgation of laws, the right of veto, the right of dissolution. Forms the government (sometimes only formally approves it), has the right to dismiss ministers and the government, and leads the government in certain forms of government. Powers of appointment (appointment of civil and military officials, members of the upper and sometimes lower houses of parliament).
General competence of the head of state Powers in the field of defense and security Supreme Commander-in-Chief (as a rule). Takes urgent measures to ensure external and internal security with subsequent parliamentary approval of such decisions (for example, the introduction of a state of emergency). Powers to pardon convicts. sphere of legal relations The right to award orders, medals and other insignia; the right to assign honorary titles and titles to citizens. countries Resolving issues of citizenship, asylum Acceptance of citizenship, the right to grant citizenship, restoration of citizenship. Granting the right of asylum.
General competence of the head of state Foreign policy powers The country's highest representative in the field of foreign relations. Appoints ambassadors, envoys and other diplomatic agents. Receives diplomatic representatives of foreign states. Conducts international negotiations. Concludes international agreements (sometimes with the consent of parliament). The right to declare war and make peace (in some states).
! The exercise of these powers in practice depends on the form of government. ! The head of state can exercise some powers independently, at his own discretion (in a discretionary manner), while the implementation of others requires the consent or approval of parliament or even the government (in a parliamentary republic). Countersignature is the sealing of acts of the head of state with the signature of the prime minister or responsible minister.
Monarch: features of the legal status The monarch is the sole head of state, exercising power according to own right, who receives his powers by inheritance and exercises them indefinitely (for life) King (Great Britain, Spain, Denmark, Sweden, Belgium) Prince (Liechtenstein) Emir (UAE, Kuwait) Emperor (Japan) Sultan (Malaysia, Oman)
3 types of succession of power: by inheritance by election by appointment of a successor Malaysia - elective (rotational) monarchy Nepal Bhutan Jordan
Hereditary monarchy is the most common form. Inheritance systems: 1) Salic, when only men inherit the throne (Japan); 2) Castilian, when women (daughters) inherit the throne if the deceased monarch has no sons. If there is a younger son and an older sister, then the son has priority: the younger brother excludes the older sister (Great Britain, Spain, Monaco); 3) Austrian or Habsburg (it existed in the past in Austria, Russia, Greece, Bavaria), when women could inherit the throne, provided that there were no men in all generations of a given dynasty. King of Spain – Don Juan Carlos
4) Swedish - works on the principle of primogeniture: the heir is the eldest child of the monarch, regardless of gender. This is the newest type of succession to the throne, first introduced in Sweden in 1980 and since then also adopted in Norway, Belgium, the Netherlands and Denmark; 5) Muslim or clan, when the throne is inherited not by a specific person, but by the ruling family (part of the dynasty), which itself decides which of the closest relatives of the late king (not necessarily the son) will take the vacated throne (Qatar, Kuwait, Saudi Arabia). 6) tribal, when the king is considered the main leader of the tribe, and his heir is determined by the tribal council from among the numerous sons of the deceased (Swaziland). King of Sweden – Charles 16th Norwegian Monarchy King Saudi Arabia- Abdullah
Status and role of the monarch The monarch is the symbol of the nation. The monarch is an inviolable person, sometimes declared sacred. Has the right to a special title. Endowed with state regalia, symbols of royal power - crown, throne, scepter, orb, mantle, etc. It has its own royal court. Civil sheet - cash, allocated by parliament for the monarch (established by law, not taxed). Restrictions: leaving the country, getting married, religious affiliation. The role of the monarch depends on the form of government. “Sleeping prerogatives” are formally enshrined, but in practice they have not been used for a long time.
Responsibility of the Monarch The monarch is an inviolable person. He cannot be brought to administrative or criminal liability, and a civil lawsuit cannot be brought against him. For the monarch's actions in governing state affairs its ministers bear political responsibility. Abdication - abdication of a monarch from the throne
Regency - the powers of the monarch are exercised by a temporary collegial body - the regency council or an individual regent. If the throne is inherited by a minor monarch; Vacancy of the throne; Long-term illness of the monarch; Temporary absence of the monarch Usually this is the monarch's closest relative. Appointed with the consent of the reigning family. Sometimes parliamentary approval is required.
The concept of the president as the head of state and his legal status The president is the highest official of the state, elected for a certain term in accordance with the requirements and in the manner established by the constitution and laws. Enjoys immunity. Has certain privileges.
Powers of the President Powers to represent the state outside and inside the country. Powers over Parliament and its exercise of legislative power. Powers in the field of rule-making activities. Powers over the executive branch. Powers over the judiciary. Powers to form other supreme bodies of the state and appoint civil servants. Settlement powers emergency situations. Powers in the field of defense and security. Powers in the field of legal status of an individual.
Procedure for electing the President Form of government Who elects Presidential and mixed republics People - directly / indirectly Parliamentary republic Parliament or a wider board with the participation of Parliament Soviet republic Formally the Parliament, but in reality the Central Committee of the Politburo communist party
Early termination of the powers of the president - early resignation (voluntary, forced) - occurs on the initiative of the president himself; - removal from office (by impeachment, as a result of popular vote) is considered as a political and legal liability; - inability for health reasons to exercise presidential powers (the constitutions of foreign countries provide for a special procedure for establishing the fact of inability for health reasons to fulfill assigned powers); - death of the president.
RESPONSIBILITY OF THE PRESIDENT POLITICAL The president may be recalled from his position CRIMINAL Criminal prosecution impossible Criminal prosecution is possible only after removal from office
High treason Deliberate violation of the constitution Other serious crimes Grounds for holding the president accountable
The procedure for holding the president accountable Full parliamentary procedure for impeachment Semi-parliamentary procedure for holding accountable Incomplete parliamentary procedure for holding accountable The entire process of bringing the president to impeachment takes place in parliament. One chamber acts as a prosecutor, the other as a court (USA). Parliament, acting as a prosecutor, decides only the issue of bringing the president to justice. The question of the president's guilt is decided by a special judicial body created by parliament (France). Parliament brings charges. The president is judged by the body of constitutional justice or the Supreme Court (Germany).
Political responsibility of the President Comes for the implementation by the President of activities directed against the sovereignty and territorial integrity of the republic, as well as for activities aimed at eliminating the democratic constitutional system, etc. Nixon Rolandas Paksas, Lithuania, 2004 The right to initiate the issue of bringing to political responsibility and the right to consider this the issue belongs to Parliament. Clinton Yeltsin
Criminal liability of the President occurs for the commission of a crime. First, the president is removed from office - i.e. immunity is lost and then criminal liability is considered. The right to initiate the issue of criminal prosecution usually belongs to Parliament, and the right to consider it belongs to the highest court.
The legal responsibility of the head of state is perhaps the most convincing indicator rule of law. As long as the head of state is free from responsibility for his actions, the idea of legal democratic state cannot take place. It is no coincidence that in authoritarian countries, the legal responsibility of the top officials of the state is absent.
The responsibility of the head of state characterizes his constitutional position and is an element of the constitutional and legal status along with the rights and responsibilities of the head of state.
As practice shows, the grounds for the responsibility of the head of state are of significant importance in the legal qualification of this responsibility, which is why they require careful legislative formulation. I.A. Alekseev rightly points out that “one of the structural elements of the content of responsibility is its grounds”
The following grounds for impeachment of a head of state in foreign countries can be identified:
1) violation of the constitution - Austria, Moldova, Croatia;
2) violation of the constitution or laws - Hungary, Macedonia; Turkmenistan;
3) high treason - Kazakhstan, Türkiye, France, Czech Republic;
4) commission of a serious crime - Azerbaijan, Romania;
5) high treason (treason to the Motherland), commission of other (serious) crimes - Armenia, Georgia, Belarus, Republic of Cyprus;
6) commission of offenses - Ireland;
7) violation of oath - Republic of Lithuania;
8) misbehavior-- Malta, Rwanda.
The practice of removing a head of state from office shows that removal is always preceded by bringing charges against the head of state, that is, bringing him to justice, formulating articles of impeachment. Moreover, removal from office and bringing charges are usually carried out by different entities, which guarantees the objectivity of the process. In a bicameral parliament, the functions of prosecution and punishment are always divided between chambers. Shashkova.A.V.Constitutional law of foreign countries: textbook/A.V.Shashkova.-M.: Norma, 2008.- 288 p.
Depending on the degree of parliamentary participation in impeachment, the following types of mechanism for the responsibility of the head of state can be distinguished:
A) Full parliamentary responsibility of the head of state
Its specificity lies in the fact that the accusation of the head of state and his removal from office are carried out within parliamentary walls, within the framework of a special parliamentary procedure. Such responsibility is predominant in the world.
B) Incomplete parliamentary responsibility of the head of state (semi-parliamentary responsibility)
The peculiarity of this model is that the accusation is brought forward by parliament (houses of parliament), and the decision to remove the head of state from office is carried out outside parliament, by other entities constitutional law. Smolensky. M.B., Ivannikov. I.A.Constitutional law of foreign countries: textbook/M.B.Smolensky., I.A.Ivannikov.-M.: Dashkov and Co., 2008.-336 p.
There are three main models for impeaching a head of state:
According to the first model, the entire process of realizing constitutional responsibility occurs in parliament as such; upon its completion, litigation may follow, which may be considered by courts of general jurisdiction.
The second model is that parliament (or one of the chambers of parliament) acts as the prosecution in the process, and the case of constitutional responsibility is decided in a judicial body specially formed by parliament from among itself, and this body resolves the issue not only of constitutional responsibility, but and, if necessary, matters of criminal liability, acting as an ordinary court.
The third model is similar to both the first and the second, here the parliament also acts as the prosecuting party, but then the case is essentially considered by the body of constitutional justice, which makes a decision on impeachment, after which the case can be transferred to a court of general jurisdiction.
An example of the first model is the impeachment procedure in the United States. The House of Representatives initiates the impeachment case). First, the declared initiative is considered by the House Judiciary Committee, which develops a formula of charges in the form of articles of impeachment. Then the House of Representatives discusses it, and if it approves it by a simple majority of votes, it passes it to the Senate, which has the power to resolve the matter. When starting the procedure, senators must take an oath or make a solemn declaration. During impeachment proceedings, the Chief Justice of the Supreme Court presides over the Senate. After hearing the parties' opinions, the Senate decides on each article of impeachment by secret vote, with a majority of at least two-thirds of the senators present required for a conviction. Only if there is such a majority on all articles of impeachment is the accused person removed from the office of President. During the consideration of the case, the Senate has the right to call and hear witnesses and perform other procedural actions to examine evidence. Chetverin D.A. The procedure for holding the head of state accountable in foreign countries / D.A. Chetverin //-M.: Norma, 2005.-370 Thus, the entire procedure for early removal of the head of state from office is carried out within the framework of Congress.
Impeachment proceedings in France are an example of the second model. The President of the Republic can be charged only by two chambers of the National Assembly, making identical decisions by an absolute majority of members of Parliament. The case is then transferred to the High Chamber of Justice, which considers the case on the merits of the charges brought. The High Chamber of Justice consists of 24 members elected on a parity basis by the National Assembly and the Senate, called permanent judges, as well as 12 deputies. If the High Chamber of Justice decides to impeach the President, then it then acts as the Supreme Court of General Competence.
An example of the third model of impeachment can be considered on the basis of the German Constitution. The German Constitution gives the right to both the Bundestag and the Bundesrat to bring charges against the President before the Constitutional Court for deliberately violating the Constitution or otherwise federal law. The proposal to initiate charges must be submitted on behalf of at least a quarter of the members of the Bundestag or a quarter of the representatives of the Bundesrat. The decision to initiate charges is made by at least two-thirds of one of the chambers of Parliament. URL: http://worldconstitutions.ru
Some constitutions of foreign countries provide for a different procedure for carrying out the impeachment procedure, which, although similar to the above models, however, have their own significant features.
Thus, it was clear that the head of state is held accountable through impeachment, which also depends on the degree of parliamentary participation. And it can be divided into full parliamentary responsibility of the head of state and not full; each of these varieties has its own characteristics, but is certainly an indicator of the rule of law.
Drawing a conclusion from the information from the above chapter, it must be said that the elements of the constitutional and legal status of the head of state seem to be quite diverse. From this area one can see the unequal order in which heads of state come to power, as well as the termination of their powers, both in a republic and in a monarchy. One can also notice a broad classification of the powers of heads of state, which includes various functions performed by the head of state, as well as the responsibility that heads of state bear for the offenses they have committed; this responsibility may be carried out through the impeachment procedure, as happens in the republic, or may not be carried out at all. as you can see this in monarchs.
The powers of the head of state: in relation to parliament, these are the convening of its sessions, the publication of laws, the right of dissolution, and sometimes the right of veto. The head of state forms the government (sometimes only formally approves it), has the right to dismiss ministers and the government, appoint judges, grant citizenship and the right of asylum, conclude and ratify certain types of international agreements, appoint diplomatic representatives, reward, pardon convicts, etc., but the exercise of these powers in practice depends on the form of government, on the real position of the head of state. In addition, under any form of government, the head of state can exercise some powers independently, while the implementation of others requires the consent or approval of parliament or even the government. The head of state exercises the functions of the supreme representation of the state outside and inside the country (signs international treaties, has the right to directly address heads of foreign states and governments, appoints diplomatic representatives, accredits representatives in foreign states, makes official addresses to parliament and messages to the nation). The functions of the head of state, for example, in the event of succession to the throne or temporary incapacity of the monarch, can be transferred to his representative, the regent or regency advice. In addition, the prerogatives of the head of state can be exercised by an official acting on behalf of the monarch in one of the states included in the union. The head of state can either head the executive branch (presidential republic, absolute and dual monarchy) or be part of a national representative body of government (India), and also does not belong to any branch of government, performing a coordinating function (mixed republic). In parliamentary republics and monarchies, in many semi-presidential republics, in order for some (not all) acts of the president or monarch to be valid, the prime minister the minister must affix their signature (the so-called countersignature). The monarch is the head of state and at the same time the head of the executive branch. All power belongs to him only in an absolute monarchy. In reality, he exercises the powers of the head of state and the head of the executive power in a dualistic monarchy, but in a parliamentary monarchy, he usually performs acts of the head of state and the head of the executive power at the direction of the government. The president can occupy different positions in the system of government: to be only the head of state, simultaneously the head of state and executive power, the head of state and the de facto head of the government, with the special position of administrative prime minister. The president is elected for a certain term. Methods for electing the president: – voting in parliament; – electoral voting. Voters vote for electors, and the latter, without meeting together, elect a president from among candidates nominated by parties; - election of the president by a special electoral college ( Federal Assembly in Germany); – election directly by voters. The legal liability of the president is also limited in many countries. Thus, in Finland, France, and Ivory Coast, the president can be held accountable only for actions committed by him in the performance of his functions, if they constitute high treason. According to the US Constitution, the president is liable for treason, bribery and other serious crimes and violations. The German president is responsible for intentional violations of the law, which obviously exempts him from responsibility for careless offenses. It should be added that the procedure for holding the president accountable is special. It involves several authorities, each of which has its own role. For example, the lower house of parliament brings charges, and the question of the guilt of the head of state is decided by the upper house.It is possible that both houses bring charges simultaneously (France) or either of them (Germany), after which the question of the guilt of the president is decided by the supreme or constitutional court.
If guilt is established, the president is removed from office, and the process can be completed. If it continues, then the case is transferred from parliament to the court (usually the supreme court), which decides on punishment. This procedure was developed in England, applied to high ranks and was called impeachment. The president has rights to special maintenance - a high salary, which usually does not change during his term of office; the right to use the residence and means of transport; for payment of entertainment expenses; the right to protect his person, the safety of family members, and others. The presidential position is associated not only with privileges, but also with its own legal restrictions. For example, the constitutions of some Latin American countries prohibit the president from leaving the country without the consent of parliament. Even at the beginning of the 20th century, the United States considered it unacceptable for a president to go abroad, even to participate in the establishment of the League of Nations. State law regulates relations related to the departure of a president before the expiration of his term of office. This can happen in the event of his death, removal from office (impeachment), or impossibility of fulfilling the duties of the head of state. The impossibility of performing duties is established either at the request of the president himself or without his participation. In the first case, he may announce the resumption of his activities. In the second, the impossibility of the president to perform his duties is determined by the court, parliament, or a panel of ministers, parliament leaders, and others. At the same time, the president retains the right to challenge their decision and resume the exercise of powers. It must be said that in practice there are no cases of termination of presidential powers due to illness, old age and similar circumstances. The elderly and already incapable Hindenburg remained president of Germany until his death. Due to a serious illness (cerebral hemorrhage, paralysis of the left side of the body, temporary speech impairment), President Woodrow Wilson did not participate in cabinet meetings for more than a year and a half, and 28 laws passed by the US Congress remained unsigned and did not enter into force365. Even such obvious disorders did not lead to the suspension or termination of presidential powers. There are two possible consequences from the fact of the president’s early departure. Firstly, he may be appointed a successor who serves as head of state. Successors are temporary or serve until the expiration of the term of office of the president they replaced. Thus, the Italian president can be temporarily replaced by the chairman of the Senate, and in the United States the law determines the circle of officials (vice president, cabinet members - fourteen in total) replacing the retired president, and also establishes the order of priority between them. Persons who permanently replace the President of the United States have the right to perform his duties without any exceptions until the expiration of the term of office of the person being replaced. Secondly, after the departure of the President, special elections may be held. However, they are appointed in the case when the president has left completely. Final retirement occurs in the event of his death, resignation or refusal of office, as well as provided that the impossibility of exercising presidential powers is recognized as permanent. The right to regard this impossibility as final usually belongs to the same bodies that decide the issue of the responsibility of the head of state. For example, in France, the Constitutional Council has the power to make a final decision that the president is not able to continue to perform the functions of head of state. The powers of the President are terminated:
In the usual manner, with the expiration of the term of office at the moment the newly elected president takes office.
Their early termination: in cases of death, resignation, removal from office as a result of impeachment proceedings or a similar procedure of parliamentary responsibility, or inability for health reasons to exercise presidential powers. The removal of the president from office is carried out by parliament or with the participation of parliament. The legal consequence of impeachment or similar proceedings is the removal of the president from office - usually without the right to hold it in the future. Moreover, in some countries, simultaneously with impeachment, the president can be held criminally liable (France), in others, criminal liability is possible only after impeachment (Germany), and in a number of states a person cannot be held criminally liable at all for acts committed during the period execution of presidential powers (Czech Republic).
In the event of a temporary or early termination by the president of his powers, they are exercised by the vice president (if this post exists) or the head of the Upper House or the entire parliament (if the parliament is unicameral). More often than not, such a replacement is short-lived, since in the event of early termination of presidential powers in most countries, elections for a new president are scheduled within a set period. However, in the United States, the vice president becomes president for the remainder of the term until the expiration of the term of office of the elected president who terminated his powers early. In a number of countries, the powers of the person performing the functions of the president are limited. For example, in France, the functions of a president who has terminated his powers early, temporarily (until the elections of a new head of state, which should take place no earlier than 20 and no later than 30 days after the opening of a vacancy) are assigned to the chairman of the Senate, and if he has, in turn, obstacles to their implementation will arise - on the Government. However, they do not have the right to call a referendum and dissolve the National Assembly; At this time, issues of trust in the government and changes to the Constitution cannot be resolved (Article 7 of the French Constitution).
The president can only be the head of state (Germany), simultaneously the head of state and the executive branch (Brazil, USA), the head of state and the de facto head of the government with the special position of administrative prime minister (France). The president is elected for a specified term. There have been, however, “presidents for life,” as well as presidents who held office through other means than elections.
To be elected to the position of president, citizenship of a given state is usually required, having full civil and political rights, and reaching a certain age (often 35 years). Sometimes an age limit is set, as well as a certain period of residence in a given country. In some cases, it is required that the candidate is not a naturalized citizen, but a native of the given country or born of its citizens.
Powers, duties and responsibilities of the president . According to many constitutions, the president enjoys immunity, he cannot be held administratively liable, and criminal punishment is possible only after the president is removed from office (usually through impeachment).
The President has the following powers:
1) appoints diplomatic representatives and representatives to the subjects of the federation, foreign ambassadors are accredited to him, he appoints his own;
2) sets the date for parliamentary elections, convenes parliament in session, can dissolve parliament early with the appointment of new elections, signs (authorizes) laws and has the right of suspensive veto, which can be overcome by re-adopting the law by parliament, promulgates laws; as a rule, he has the right of legislative initiative (in the USA he does not have such a right;
3) appoints the government independently or at the proposal of the leader of the majority party (coalition of parties) in parliament, in some countries - the prime minister or ministers with the consent of parliament, many officials and civil servants of certain ranks.
4) publishes regulations(decrees, decrees), cancels acts of executive authorities. Presidential acts that have the force of law are usually issued before the adoption of a law on a given issue and lose their force with the adoption of the law. In a parliamentary republic, acts of the president require a countersignature. By general rule, acts of the president are of a subordinate nature, but in practice they can play a dominant role.
5) has the right to declare a state of emergency, martial law, or state of siege
in accordance with the law adopted on this, introduce presidential rule in the subjects of the federation.
6) is the commander-in-chief, appoints the highest command staff of the army, assigns the highest military ranks, is responsible for the security of the state.
7) has the right to grant persons citizenship of a given state, permit renunciation of citizenship, commute punishments, grant pardons, awards orders, medals, confer honorary titles, etc.;
8) is the guarantor of the constitution, rights and freedoms of citizens.
The President is prohibited from any combination of positions and mandates, other types of work, participation in the management of joint-stock companies, or the acquisition of state property. In some countries, presidents cease membership in a political party during the election period.
The President is responsible for high treason, bribery, and other serious crimes. The forms, procedures and conditions of this responsibility are special: criminal liability arises only after the president is removed from office.
The vice president is usually elected in tandem with the president or appointed by him (sometimes there are several vice presidents). He does not have significant powers; he replaces the president in the event of his absence, serious illness, death, or resignation of the president. Presidential elections are held within a short period of time.
In some countries, the position of vice president is not provided for; there the president is usually replaced by the chairman of one of the houses of parliament (usually the Senate) or the head of government.
Unlike the monarch, the president bears responsibility for your actions. He is responsible for high treason, bribery, and other serious crimes. The forms, procedures and conditions of this responsibility are special: criminal liability arises only after the president is removed from office. In the USA, the indictment is accepted by the lower house, and the president is tried, i.e. The Senate decides whether to remove him from office. In Ukraine, Kazakhstan and some other post-socialist states, this procedure is significantly more complicated. The question of impeachment can only be raised by a significant part of the members of the lower house, after which a special commission is created to prepare the text of the accusation. The constitutional and supreme courts participate in the procedure and give their opinions. Decisions are made by a qualified majority of votes, and a short period of time is established within which this procedure must be completed. If a decision is not made within the specified period, the charge against the president is considered rejected.
In the United States, they tried to impeach the president more than once, but it came to the procedure in parliament only twice, both times without success: once in the Senate, one vote was not enough to remove the president, and President Nixon himself resigned in 1974 without waiting impeachment. Impeachment took place in Brazil in 1992, in Venezuela in 1993.
In some countries, procedures other than impeachment may be used. In Slovakia the president can be removed from office by parliament for actions directed against the democratic system, the integrity of the state, by a majority of 3/5 votes. Such an attempt was made, but the required number of votes was not received. In Romania and Azerbaijan, according to the 1995 constitution, such a decision is made by a majority vote of the entire parliament, but is submitted to a referendum, which makes the final decision. In Austria and Iceland, the president can be recalled from office by voters (this provision has never been applied). In Poland and France, parliament can pass an indictment, but the president is tried by a special court.
In practice, in some post-Soviet republics (Azerbaijan, etc.) in the early 90s, some presidents were removed from their posts by popular vote, but trials did not have. There were cases of voluntary resignation of the president (Czechoslovakia), forced resignation (USA, Yugoslavia), and the removal of the president from power was sometimes accompanied by armed struggle (Georgia). The president receives an official salary, calculated in US dollars as follows: in the Czech Republic - 17.5 thousand per year, in Poland - 28 thousand, in the USA - 200 thousand.