Functions of the President of the Russian Federation in representing the interests of the state. Functions of the President of the Russian Federation. president power duma legislative

Main functions of the President Russian Federation defined in Article 80 of the Constitution of the Russian Federation. These include:

The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen;

The President of the Russian Federation, in accordance with the procedure established by the Constitution 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 bodies state power;

The President of the Russian Federation, in accordance with the Constitution of the Russian Federation, determines the main directions of internal and foreign policy states;

The President of the Russian Federation, as the head of state, represents the Russian Federation within the country and in international relations. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993). - Phoenix, 2014. 64 p.

The first and one of the most important functions of the President as the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen is considered as the duty of the President, first of all, to ensure a situation in which all government bodies fulfill their constitutional duties without going beyond their competence. The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, and not the Constitutions of the constituent entities of the Russian Federation, but since the latter must comply with the Federal Constitution, the function of the president must be considered as the entire system of Constitutional legality in the country. The President cannot but take part if at least one government body does not comply with the Constitution of the Russian Federation, and even more so if the rights and freedoms of any groups or segments of the population are infringed in any way. The President not only has the right, but also the obligation to take measures to eliminate violations of the Constitution of the Russian Federation, up to the use of the broadest coercion on a legal basis, if organized criminal gangs or illegal armed groups operate on the territory of the state, which pose a direct and real threat to the security of the state and human rights in peacetime.

Thus, the above means that the President bears personal responsibility for organizing the uninterrupted operation of the mechanism for protecting the Constitution and human and civil rights.

Carrying out the second function of protecting state sovereignty, the independence of Russia, its state integrity, ensuring the coordinated functioning and interaction of government bodies, the President of the Russian Federation acts without going beyond the scope of his powers established by the current Constitution. The President is obliged to identify violations or threats of violations of sovereignty, independence and state integrity and take appropriate measures to neutralize them. These actions can be gradual or simultaneous, if we are talking about sudden external aggression, when decisive measures are required.

Each body (institution) of state power, within its competence, is obliged to perform functions that are aimed at implementing the Constitution and protecting individual rights and freedoms. However, the institutions of state power only partially ensure the operation of the Constitution, therefore the President is faced with the task of maintaining the stability of the state as a whole, because only in these conditions state authorities and officials will be able to normally exercise their powers, in a normal constitutional regime. The primacy of the President in state system. Because the President provides the conditions under which all institutions of power are able to perform their functions, as well as the obligation of presidential control to ensure that all institutions of power act within the framework of their powers and that not one of the institutions of power can encroach on the prerogatives of another, or appropriate by violent means power in a country or someone's authority.

The third function of the President of the Russian Federation indicates his ability to determine the main directions of the state’s domestic and foreign policy. Previously, this function belonged to the Congress of People's Deputies of the Russian Federation. However, this does not mean that the President of the Russian Federation plays the role of the all-powerful ruler of the country that the Congress claimed. This is due to a number of factors:

Firstly, the current Constitution consistently implements the model of separation of powers. In the previous Constitution this was only proclaimed, but was never finally enshrined.

Secondly, the President does not determine the entire domestic and foreign policy of the state, but only its main directions.

Thirdly, the implementation of this power is limited by a legal condition - compliance with the Constitution of the Russian Federation and federal laws.

The meaning of this function of the President is as follows. The president is the head of state, but at the same time he has political representation (mandate), entrusted to him by the people in direct general elections. When considering this function, it is important to establish what the role of this power is in relation to other government bodies. By defining the main directions of domestic and foreign policy, the President proclaims his own understanding of state priorities. In accordance with the Constitution, the President must not agree with anyone on the direction of policy.

The main policy directions are determined by the President in various forms:

annual messages to Parliament containing both an assessment of the state of affairs in the country and future government tasks;

budget messages of the President of the country to the Government of the Russian Federation;

thematic conceptual documents of the President;

decrees, as well as some public speeches of the President of the Russian Federation.

And the fourth, no less important function of the President as a representative of the Russian Federation within the country and in international relations. The President, representing the Russian Federation within the country, acts on behalf of all federal authorities in relations, primarily with the power structures of the constituent entities of the Federation. An example of the representation of the President can be the signing by him, on behalf of the federal government, of agreements on the delimitation of jurisdiction and powers between federal government bodies and government bodies of the constituent entities of the Federation. The President represents the Russian Federation in relations with structures civil society. However, he has the right to use only the powers established by the Constitution. The heads of other federal government bodies can also enter into relations with the authorities of the constituent entities of the Federation and public structures, but they can only represent a specific government body, while the President represents the entire state as a whole.

In representation in international relations, the President personifies the Russian Federation as a state-subject international relations, a sovereign and independent country. The President signs international treaties, participates in negotiations on behalf of Russia, or entrusts this to one or another government official. Neustadt, R. Presidential power and current presidents / R. Neustadt. - Moscow school watered Issled., 2009. 464 p.

In accordance with international law, the President enjoys the right to the highest honors when making official visits to other states.

This chapter examined the constitutional status of the President of the Russian Federation. From all of the above, we can conclude that the President of the Russian Federation, who is the head of state and the main official, is entrusted with tasks and functions aimed at ensuring the coherent functioning of both government bodies, individual citizens, and the entire state as a whole.

Articles 83 and 84 of the Constitution set out part of the powers of the President of the Russian Federation; a number of his other rights and obligations are specified in Art. 85–90 of this chapter. Article 83 defines the powers of the President in relation to the Government:

1) The President, in accordance with the Constitution, appoints the Chairman of the Government of the Russian Federation with the consent of the State Duma. The President's proposal on this issue is submitted to the State Duma no later than two weeks after the newly elected President takes office or after the resignation of the Government, or within a week from the date of rejection of the candidacy for the post of Chairman of the Government by the State Duma;

2) The President has the right to preside at meetings of the Government, i.e. conduct Government meetings, speak out at them, he also determines the main directions of the state’s domestic and foreign policy, in this case the President acts as the head of the executive branch;

3) The President has the right to make a decision on the resignation of the Government in the following cases: the Government submits a letter of resignation, the State Duma expresses no confidence in the Government, or the State Duma refuses to trust the Government. The President has the right, on his own initiative, to decide on the resignation of the Government; in this case, the consent of the State Duma to the dismissal of the Chairman of the Government is not required.

When the Government submits a resignation letter, the President may disagree with this statement and instruct him to continue performing his duties. The President is given the right to disagree with the State Duma’s decision to express no confidence in the Government or to refuse confidence, but if the State Duma again lacks confidence in the Government, the President announces the resignation of the Government or dissolves the State Duma;

4) a special group can include the powers of the President, enshrined in this article, to appoint and dismiss officials of the Russian Federation holding key positions at the federal level:

The appointment and dismissal of the Chairman of the Central Bank of the Russian Federation and members of the Board of Directors of the Central Bank are made by the State Duma. At the same time, the Chairman of the Central Bank is appointed and dismissed upon the proposal of the President. If a candidate proposed for the position of Chairman of the Central Bank is rejected, the President shall submit a new candidate within two weeks. One nomination cannot be submitted more than twice;

Appointment and dismissal of Deputy Prime Ministers and Federal Ministers, although these persons are appointed at the proposal of the Chairman of the Government, the President reserved all rights for personal appointment of persons included in the Government;

The President submits to the Federation Council candidates for the positions of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, and the Prosecutor General of the Russian Federation. These officials are appointed by the Federation Council. He, on the recommendation of the President, may dismiss the Prosecutor General from office. The President of Russia independently appoints judges of other Federal courts;

The President forms the Presidential Administration, which is a government body created to ensure the activities of the President. The Administration includes the Head of the Administration, first deputies, deputy heads, assistants to the President, main departments, plenipotentiary representatives of the President, staff of the Security Council and Defense Council, and other divisions. The Presidential Administration carries out its activities in accordance with the Constitution, federal laws, decrees and orders of the President of Russia;

In accordance with the Constitution, the President appoints and dismisses authorized representatives of the President who represent the interests of the President in federal government bodies, government bodies of the constituent entities of the federation, local government bodies, as well as in Russian foreign and international organizations;

The President of the Russian Federation, being the Supreme Commander-in-Chief of the Armed Forces of Russia, appoints and dismisses the high command of the Armed Forces (commanders of military branches, military districts, etc.);

The President is given the constitutional right to appoint and recall diplomatic representatives of the Russian Federation in foreign states and international organizations. The appointment or recall of diplomatic representatives is preceded by consultations with committees and commissions of the Federal Assembly, which the President may take into account, but they are not binding. The President issues a Decree on this issue.

One of the main tasks of the President of our country is to protect the sovereignty of the Russian Federation, its integrity and independence. When exercising his powers in resolving these issues, the President relies on the Security Council, the status of which is determined by Federal Law (Law “On Security” of March 5, 1992). The Security Council prepares decisions of the President in the field of security, considers issues of domestic, foreign and military policy and other types of security (economic, social, environmental, etc.). Permanent members and members of the Security Council are appointed by the President of the Russian Federation on the proposal of the Secretary of the Security Council, who is appointed and dismissed by the President. Decrees of the President of Russia are issued on the most important issues of decisions of the Security Council.

Military doctrine determines the military-political activities of our state. The main provisions of the military doctrine of the Russian Federation represent a set of official views on military issues, including on the prevention of wars, military conflicts, and the protection of the vital interests of our state. Proposals for military doctrine are developed by the General Staff of the Armed Forces. The main provisions of the military doctrine guarantee Russia's strict compliance with the UN Charter, international norms, principles and are defensive in orientation.

Article 84 establishes the powers of the President, which relate to his relationship with the legislative branch.

The President of the Russian Federation, as the head of state, for the purpose of continuous operation of state power, calls elections of the State Duma. The constitution defines the term of office of the State Duma as four years. Election day is the first Sunday after the expiration of the term for which the State Duma of the previous convocation was elected. The period from the day the President calls elections until election day must be at least four months.

The President of the Russian Federation calls elections of deputies of the State Duma also in the event of the dissolution of the State Duma, within the time frame and in the manner prescribed by the Constitution of Russia.

The President dissolves the State Duma only in cases defined by the Constitution itself in Articles 111 and 117 (see comments to these articles). It must be borne in mind that the President has the right to dissolve only one chamber of the Federal Assembly. The dissolution of the other chamber - the Federation Council - is not provided for by the Constitution at all.

The powers of the President also include calling a referendum, which, along with free elections, is the highest direct expression of the will of the people. The general provisions for holding a referendum, the procedure for calling it, voting procedures and other issues are determined by the federal constitutional law “On the referendum of the Russian Federation” of October 10, 1995.

The President has the right of legislative initiative, he has the right to introduce bills to the State Duma, and if the bill is urgent, it is subject to extraordinary consideration at Duma meetings.

The President of the Russian Federation has the right to make proposals for amendments and revisions to the provisions of the Russian Constitution.

The President is charged with signing and promulgating federal laws. This is the traditional function of the head of state, giving the law binding force. The adopted federal law is sent to the President of the Russian Federation within five days, who must sign and promulgate the law within fourteen days. The President has the right to reject the law, which entails its reconsideration. By virtue of the Constitution, the President does not have the right to refuse to sign and promulgate a federal constitutional law.

Federal constitutional laws and federal laws come into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the laws themselves establish a different procedure for their entry into force.

If the procedure for signing and promulgating a law is not followed, such a law has no legal force.

The Russian Constitution establishes that the President addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the state’s domestic and foreign policy. These messages do not have the force of law; they are in the nature of statutory documents.

Messages from the President are considered at joint sessions of the chambers of parliament.

The President determines the main directions of the state's military policy and exercises leadership of the Russian Armed Forces and other military formations and organizations. The powers of the President include issuing decrees on conscripting citizens to military service, as well as approval of the civil defense plan of the Russian Federation, it also approves plans for the deployment of the Armed Forces and other troops, and the placement of military facilities. The President negotiates and signs international treaties of the Russian Federation on joint defense and military cooperation on issues of collective security. As the Supreme Commander-in-Chief of the Armed Forces, the President, within the limits of his powers, issues orders and directives that are mandatory for execution by the Armed Forces, other troops, and military formations. The Russian Armed Forces are controlled by the Ministry of Defense and the General Staff of the Armed Forces.

The President of the Russian Federation, by his Decree, introduces martial law throughout the country or in its individual localities and immediately informs both chambers of the Federal Assembly about this. The Presidential Decree on the introduction of martial law is subject to approval by the Federation Council, which confirms the legal force of this Decree.

Martial law is introduced by the President in the event of aggression against Russia or an immediate threat of aggression and represents a special legal regime for the life of the state. During martial law, state authorities and local self-government are vested with special powers, and new wartime governing bodies are created. The introduction of martial law is associated with certain restrictions on the rights of citizens; state power is concentrated in the hands of the military. During the period of martial law throughout the entire territory of the Russian Federation, the State Duma is not subject to dissolution.

The President of the Russian Federation, under the circumstances and in the manner provided for by federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in its individual localities with immediate notification of this to the Federation Council and the State Duma (Article 88 of the Constitution of the Russian Federation).

The purpose of introducing a state of emergency is to ensure the safety of citizens and protect the constitutional order. The procedure for introducing a state of emergency is determined by the Law of the Russian Federation of May 17, 1991 “On a State of Emergency”. A state of emergency is introduced by a Decree of the President of Russia in cases of an attempt to forcibly change the constitutional system, interethnic conflicts, mass riots, natural disasters, etc. With the termination of the state of emergency, all acts adopted in connection with the introduction of a state of emergency lose force.

The President’s right to declare a state of emergency on the territory of the Russian Federation or in certain localities is coupled with his obligation to immediately report this to the Federation Council and the State Duma. The Presidential Decree on a state of emergency is subject to approval by the Federation Council.

According to the Law “On Citizenship of the Russian Federation”, the President resolves the following issues:

Admission to citizenship of the Russian Federation of foreign citizens, citizens former USSR and stateless persons;

Makes decisions on issues of restoration of citizenship;

Gives permission to renounce citizenship;

Allows a citizen of the Russian Federation to have dual citizenship.

Before these issues are resolved by the President, they are first considered by the Commission on Citizenship Issues under the President of the Russian Federation.

The President’s competence also includes resolving issues of providing political asylum, which is the sovereign right of a state subject to international law. In the Russian Federation, only the President has the right to grant political asylum.

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

State awards are the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation, honorary titles of the Russian Federation. State awards can be awarded to Russian citizens, stateless persons, and foreign citizens. The President of the Russian Federation assigns military ranks marshals, generals and admirals. For preliminary consideration of these issues, a Commission on State Awards has been created under the President.

The President has the right to pardon. A pardon is an act of supreme power that completely or partially releases a convicted person from punishment or replaces the punishment with a more lenient one. An act of pardon can remove the criminal record of persons who have already served their sentence. Acts of pardon are always individual in nature, i.e. they are accepted in relation to a specific person or several specific persons.

Acts of the President that are of a normative legal nature come into force throughout the entire territory of Russia simultaneously after seven days after their official publication, unless a different period is established when the act is adopted.

The President of the Russian Federation has immunity (Article 91 of the Constitution of the Russian Federation).

This article provides an important characteristic of the status of the President of the Russian Federation - his immunity. This article does not disclose the content of the concept of immunity. But from an analysis of other provisions of the Constitution, the following conclusion can be drawn:

1) the immunity of the President is related to the creation of all guarantees for him during his term of office, i.e. during the period of his powers, the President cannot be detained, arrested and subjected to searches and personal searches;

2) immunity also applies to residential and official premises that the President occupies, to personal and official vehicles and things used;

3) The President cannot be subject to criminal, administrative or civil liability for offenses. Thus, the Constitution provides the President with absolute, unlimited immunity.

Course work

The President of the Russian Federation in the state management system: his functions, rights and responsibilities

Introduction

president election power powers

Relevance of the research topic. The Russian state is only at the beginning of the path of building truly democratic foundations in the organization of public administration. However, today few people imagine the state structure of the country without the institution of the President of the Russian Federation, three independent branches of state power - legislative, executive and judicial - interacting and interconnected, and the head of state - the President - is called upon to ensure their coordinated functioning. Thus, the institution of the President is inextricably linked with the problem of separation of powers and its influence on the process of formation and development of both, in general, the entire system of government bodies, and the system of executive authorities in particular.

The relevance and importance of this study can also be seen in theoretical terms: the need is obvious scientific analysis Institute of the President. In addition, a more detailed study and understanding of the powers of the President of the Russian Federation is required, since it is he, according to Russian legislation, who forms the entire vertical of power in the country through the decrees he issues on the system and structure of federal authorities.

Thus, the object, subject, as well as the goals and objectives of the study were formed.

The object of the work is the status of the President of the Russian Federation in the state management system.

The subject of the work is legislation regulating certain powers of the President of the Russian Federation in various spheres of the country's life.

The purpose of the work is to study the essence of the constitutional and legal status of the President of the Russian Federation, to describe his main powers as defined by the Constitution of Russia.

To achieve this goal, it is necessary to complete a number of tasks:

Give a legal description of the concept of “head of state”;

characterize the main functions of the President of the Russian Federation;

study General terms elections of the President of the Russian Federation;

study the legal aspects of termination of duties of the President of the Russian Federation and aspects of his removal from office;

consider the main powers of the President of Russia in the sphere of legislative power;

characterize the powers of the President of Russia in the sphere of executive power;

consider the powers of the President of the Russian Federation in the sphere of judicial power;

consider other powers of the President of the Russian Federation.

The international normative basis for the study was the legal acts and legislative acts of the Russian Federation: “International Covenant on Civil and Political Rights”, the Constitution of the Russian Federation, the Federal Constitutional Law “On the Government of the Russian Federation”, the Federal Law “On the Election of the President of the Russian Federation”, the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens.

The theoretical and methodological basis of the work was the works of domestic scientists in the field of constitutional law, theory of state and law, electoral law and other related disciplines that affect the legal aspects of the institution of the presidency in Russia, such as: Baglay M.V., Bolshakov S.V. , Ishchenko E.P., Borisov G.A., Boshno S.V., Bratanovsky S.N. Rozhdestvina A.A., Vedeneev Yu.A., Knyazev S.D., Vedeneev Yu.A., Lysenkov V.I., Viskulova V.V., Gabrichidze B.N., Chernyavsky A.G.

The structure of the work corresponds to the set goals and objectives and includes: an introduction, three chapters divided into paragraphs, a conclusion and a list of sources used.

1. Position of the President of the Russian Federation in the system of government bodies

1.1 The concept of head of state

The concept of “head of state” appeared during the time of the ancient philosophers Plato and Aristotle.

The concept of “head of state” is applied to a specific national system and characterizes the head of this system. For example, those studies that were carried out before the revolution and were associated with the term “head of state” were associated only with the exceptional position of monarchs, although the institution of the presidency was already known at that time.

Let's consider several common meanings and meanings of the concept “head of state”.

The first theory defines the head of state as the highest official who is considered the highest representative of a given state. Proponents of this approach place the head of state at the head of the triad of power - legislative, executive and judicial powers. Thus, the head of state is removed from the system of division of power and receives a special status and additional powers.

The second approach views the head of state as the head of the executive branch.

The third approach defines the head of state as the highest official and constitutional body who represents the state within and outside the country and is a symbol of the statehood of the people.

In Russian legal literature, the head of state is an official official who occupies the highest position among state institutions and represents the country within itself and in foreign policy relations with other countries. Some authors give the following definition of the concept of “head of state”: the head of state is a person who formally occupies the highest place in the hierarchy of government positions and exercises supreme representation, as in political life, and in the international arena. At the same time, the head of state is the head of executive power, which is exercised by him alone or together with the Government.

Taking into account the above definitions of the concept of “head of state”, several features can be identified this concept. These signs include:

the highest position of the head of state among government positions;

highest representation in political life within the country and abroad - in international relations;

The president is the bearer of executive power, which is exercised individually or together with the government.

Before defining and revealing the essence of the concept of “head of state,” it is necessary to consider different views on the institution of the presidency.

Constitutional legal status of the head of state in modern world consists of legal norms that:

determine the role and place of the head of state in the state mechanism, as well as the relationship of the head of state with other government bodies;

consolidate the powers of the head of state;

establish the rules and procedure for filling the position of head of state and the procedure for terminating his powers;

determine the responsibility of the head of state for crimes such as high treason and violation of the norms of the Constitution. The norms of the Constitution are disclosed by certain legislative acts.

In most countries, the head of state heads the executive branch of government, or is its most important component. For example, the US Constitution in Article 2, Section 1 states that the executive power in the United States is exercised by the President of the United States. The Greek Constitution names both the President and the Government as subjects of executive power.

The institution of the presidency is viewed quite differently in the doctrines of socialist states. In socialist countries, the principle of division of power into three branches was not recognized; the head of state and the government were viewed as two different groups of government bodies, and not a mechanism of executive power in general. The government in such countries was the highest administrative and executive body of state power, which headed the system of state governing bodies. The head of state here was an additional element of the executive branch.

A.I. Cherkasov emphasizes that in socialist legal literature doubts were expressed about the appropriateness of the definition of “head of state,” since at that time the system of government bodies was headed by the highest body of popular representation. However, the term was included in the constitutions of most socialist countries. But, according to A.I. Cherkasova, in in this case We are not talking about the institution of the head of state itself, but about the government bodies that performed this function.

Currently, the constitutions of many republican countries do not contain the concept of “head of state”. In our country, if we say that the exercise of state power is carried out through the division of powers into three main independent branches, then the provision of Article 80 of the Russian Constitution does not entirely correspond to this meaning, since it gives the President the right to ensure the coordinated functioning and interaction of all state authorities.

Thus, the concept of “head of state” is more suitable for authoritarian states, where power is united in the hands of a single ruler, for example, a monarch, while for legal ones, democracies It is more correct to use the concept “chief executive”.

.2 Main functions of the President of the Russian Federation

The main functions of the President of Russia as head of state are defined by Art. 80 of the Constitution of the Russian Federation:

a) is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen;

b) in accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies;

c) in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state;

d) as the head of state represents the Russian Federation within the country and in international relations.

The first of the main functions of the President of the Russian Federation is to be the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.

By virtue of this function, the President is primarily obliged to ensure that all government bodies fulfill their constitutional duties and, at the same time, without going beyond the limits of his own competence. To implement this function, the President is obliged to submit proposals, bring regulations or take certain actions in accordance with the Constitution of Russia to any Federal authority. The President plays the role of guarantor of the Constitution of the Russian Federation, and not the Constitutions of the constituent entities of the country, since the latter must comply with the Constitution of the Russian Federation. In this regard, the function of the President of Russia is to guarantee the entire system of constitutional legality in the country.

The President cannot be indifferent in the case when at least one of the government bodies does not implement and comply with the norms of the Russian Constitution. Also, the President cannot be indifferent when the constitutional rights of citizens and population groups are violated or infringed. He is obliged to take legal measures if organized criminal groups or armed formations are detected on the territory of the country that pose a direct or indirect threat to the security of the state and the rights of citizens in peacetime. The function of the guarantor of the Constitution presupposes continuous improvement judicial system of the country.

The function of the guarantor of the Constitution presupposes the broad right of the President to act at his own discretion, based not only on the letter, but also on the spirit of the Constitution and laws, filling gaps in the legal system and responding to life situations unforeseen by the Constitution.

Discretionary power (acting at its own discretion), inevitable in any state, is not in itself a violation of democracy and is not alien to the rule of law, unless, of course, the actions of the head of state lead to repression and widespread violation of human rights, do not explode the mechanism of general consent and do not lead to mass disobedience to authorities. Discretion does not negate the constitutional right of citizens to judicially challenge the president's actions.

Carrying out the function of the guarantor of the rights and freedoms of the people, the President develops laws, adopts Decrees aimed at protecting the constitutional rights and freedoms of citizens, etc.

Just as broad, according to the Russian Constitution, is the function of the President to protect the country’s sovereignty. Here the President is also obliged to act without exceeding his powers, which are established by the Constitution. When exercising this function, the President also does not exclude discretionary functions, with the help of which the main functions are achieved.

The Constitution of the Russian Federation provides for the procedure for declaring war, but an unforeseen situation may arise that will require a quick and adequate response from the head of state.

The next function of the head of state is to maintain the territorial integrity of the state, protect against external and internal interference in state affairs, and separatism. This function must be carried out in accordance with the procedure established by the Constitution.

But unforeseen situations may also arise here that will require the President to take decisive and immediate actions arising from his understanding of the function of the guarantor of the Russian Constitution. Here the President can take advantage of the assistance of the Constitutional Court in interpreting the norms of the Constitution.

The function of the President of the Russian Federation to ensure the coordinated functioning and interaction of government bodies is complex and responsible. The President of the Russian Federation acts as an arbiter if the main authorities do not find agreed solutions or give rise to conflicts in relationships. Based on this role, the President of the Russian Federation has the right to resort to conciliation procedures and other measures to overcome crises and resolve disputes. This function is important for the interaction of government authorities, both at the federal level and at the level of relations between the authorities of the Federation and the constituent entities of the Russian Federation and between various constituent entities of the Russian Federation.

The Constitution of the Russian Federation entrusts the President with the function of determining the main directions of the state's domestic and foreign policy, stipulating that this function must be carried out in accordance with the Constitution and federal laws. The mention of federal law in this regard indicates that the Federal Assembly also participates in determining the main directions of domestic and foreign policy.

The President of Russia carries out the function of representing the state in internal and external relations independently. He has the right to send his representatives to the constituent entities of the Russian Federation, who are vested with powers on behalf of the country.

In the field of international relations, the head of our state has the authority to negotiate, sign international treaties on behalf of the Russian Federation, join international organizations, appoint ambassadors and representatives to foreign states.

In accordance with international law, he enjoys the protocol right to the highest honors when making official visits to other states. Any international obligations assumed by the Russian state by officials without instructions from the President of the Russian Federation can be disavowed by him (declared invalid).

2. The procedure for electing the President of the Russian Federation and termination of his duties

The Federal Law of the Russian Federation “On the Election of the President of the Russian Federation” is the main legislative act that regulates the process of election of the President of Russia. In addition, the process of elections of the President of Russia is regulated by the Constitution of the Russian Federation, as well as the Law “On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation” and acts municipalities. However, the main provisions for holding elections of the President of the Russian Federation are spelled out in the Constitution. It spells out the term of office of the President, the principles of his elections based on democracy, as well as other conditions for Russian citizens to acquire passive voting rights. All these aspects of the elections and activities of the President of the Russian Federation are defined in the Constitution.

Article 1 of the Law “On Elections of the President of the Russian Federation” defines the general provisions and principles of holding elections of the President of Russia. This article states that only a Russian citizen can become the President of Russia. The President is elected by universal direct equal and secret ballot. Citizen participation in elections, in accordance with paragraph 2 of Article 1 of the Law, is recognized as voluntary and free. No one has the right to influence a citizen to force him not to participate or participate in elections and to interfere with free expression of will.

The law establishes certain requirements for candidates for deputy.

Every citizen who has passive voting rights has the right to nominate his own candidacy for the post of President of Russia.

A citizen’s right to be elected includes two conditions:

the citizen must be over 35 years of age;

a citizen must reside permanently in Russia for at least 10 years.

Such restrictions are associated with the complexity and responsibility of the tasks assigned to the President of Russia. The President of the Russian Federation cannot be a citizen of a foreign state.

The requirement for Russian citizenship is justified, since basic political rights, including the right to vote and be elected, can only belong to a citizen of the Russian Federation, since citizenship itself is a stable legal connection between a person and the state. Only by recognizing the right of citizens to participate in the management of state affairs can the state itself claim that citizens will voluntarily comply with its regulations.

People define belonging to a nation as a common set of symbols, beliefs, and traditions that provide an individual with participation in a single social community. Thus, people feel a sense of pride from belonging to the British, Germans, French, Americans, Russians. Citizenship is a person's connection to the state, not based on ethnicity. All citizens of Russia are Russians or Russians with different ethnic roots.

The President of Russia can be a citizen of Russia not only by birth, but also one who has received citizenship on legal grounds.

The Constitution of the Russian Federation does not require that a candidate for the position of President of the Russian Federation be a citizen of the Russian Federation by birth; he may be a person who has received citizenship on other grounds specified in the Federal Law “On Citizenship of the Russian Federation.”

Citizens acquire the right to vote at the age of 18. This right presupposes the possibility of carrying out activities in government bodies, as well as local government bodies. The right to be elected - passive suffrage - arises with the age determined by the Constitution of the Russian Federation. Citizens who have reached the age of 35 have the right to be elected to the post of President of Russia.

So, the Constitution of the Russian Federation specifies only the minimum age of the President - 35 years. This indicates the legislator’s emphasis on only one significant circumstance - a person’s life experience. The 35-year age limit allows a person to lead the state who is already experienced, but still full of vitality and energy, which are necessary when carrying out such activities.

As for limiting the maximum age for someone elected to the position of President, the current Constitution of the Russian Federation does not provide for it (previously it was limited to the age of 65 years).

Also Art. 81 of the Constitution of the Russian Federation provides for the requirement of permanent residence presidential candidate in the Russian Federation for at least 10 years.

As already mentioned, the President of Russia can be a citizen who has been permanently residing in Russia for at least 10 years. This is necessary so that the presidential candidate can have information about the lives of people, their customs, traditions, interests and characteristics.

But the Constitution does not determine what the period of residence of a presidential candidate should be - continuous or consisting of separate time periods. In this case, the legislation states that the period of residence of a citizen in our country will be considered continuous if the citizen did not leave the Russian Federation for a period exceeding three months during the year.

Therefore, taking into account this provision, we can conclude that the period of continuous residence in Russia should be calculated on election day in total.

There are also restrictions on passive suffrage, which are defined by the Constitution. So, according to the Constitution, he cannot be elected President of Russia incompetent citizen, a citizen who has persistent mental illnesses that interfere with the conscious exercise of his political rights. This condition is not so much a legislative restriction as a natural circumstance of a citizen’s participation in elections.

A citizen who is imprisoned by a court cannot be elected President of Russia. But those persons who are in custody before a court verdict can exercise both active and passive suffrage.

In addition, the specifics of the status of a candidate for President of Russia may be established by the laws of the Russian Federation, which regulate various aspects of the electoral process.

The President is the head of state, he is a symbol of the people and the country. He occupies a special position in the system of government bodies and is the country’s representative in domestic political relations and international relations.

Elections for the President of Russia should be held in a single electoral district - the entire country. They are prepared and conducted by election commissions, which are independent of federal and local government bodies.

Determining the results of the elections is the final stage of the election process and the company as a whole. Up to this point, significant work was carried out by candidates, voting blocs and associations, states and work to attract voters to their side.

But at the stage of determining the voting results, there are many nuances that participants in the electoral process must know in order to achieve their goal - election to the President of the Russian Federation. To do this, the elections held must be recognized election commission valid, valid, and the results of the voting should not be challenged in court.

According to the Constitution of Russia, elections of the President of Russia must be carried out in the most democratic way - through universal direct and equal suffrage by secret ballot.

In accordance with the Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” votes begin to be counted immediately after the end of voting, and this process continues without interruption until the number of votes is established. Observers and members of the precinct commission must be notified of the voting results. This requirement is intended to ensure the impossibility of various manipulations with ballots after voting during the vote count. Violation of this requirement provides grounds for declaring the results of the voting in a given precinct invalid. Violation of this rule is a serious violation of election laws. The actions of participants in the vote count at a given polling station, as well as the process of summing up voting results, are clearly regulated by law.

the first protocols of precinct election commissions on the results of the last vote are drawn up;

a preliminary check of the data specified in the protocols is carried out;

establishment by a higher election commission of the voting results by summing up the data contained in the protocols.

In the event that errors and inconsistencies are identified in the protocols or summary tables, if doubts arise about their veracity or correctness of compilation, the election commission has the right to decide whether to recount the votes by a lower-level election commission or independently at the corresponding polling station.

If any shortcomings or amendments are discovered in the already signed protocol on the voting results, the higher election commission has the right to decide at a meeting on the issue of making changes to this protocol or table.

In order for a candidate for President of Russia to be considered elected, it is also necessary that the commission does not make a decision that the elections did not take place or are invalid.

The Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” establishes the grounds for declaring elections invalid. These grounds include:

if all candidates dropped out during the re-vote;

Two candidates were included on the ballot and neither of them received the necessary number of votes to be elected.

The law stipulates that additional grounds for declaring elections invalid cannot be established.

In December 2006, the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” was amended to eliminate the two most frequently used grounds for declaring elections invalid.

The first change concerns the abolition of the norm, according to which elections were declared invalid when the number of votes for one candidate who received more was less than the number of votes “against all”. There is currently no “against all” chapter on ballots.

The second change is the removal of the voter turnout threshold. In accordance with this norm, elections could be declared invalid if the number of voters participating in the elections was less than the percentage established by law for the number of voters who were included in the lists. Now elections are recognized as valid regardless of the number of voters participating in them.

If the elections are declared invalid, then repeat elections are called.

According to paragraph 9 of Art. 70 “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation,” the election commission may invalidate the voting results and election results:

in the event that violations committed during the voting or summing up its results do not allow reliably determining the voting results;

in the event that the election results or the results of the voting are invalid in part of the polling stations. At the same time, at least a quarter of the total number of voters in the corresponding district must be included in the voter lists of these precincts;

By the tribunal's decision.

The decision of the election commission on the election results may be canceled by the court if it determines that the violations specified in paragraph 2 of Art. 77 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in Referendums of Citizens of the Russian Federation”, and this does not allow reliably determining the results of the expression of the will of voters.

Recognition of elections by the election commission as invalid, both on its own initiative and on the basis court decision, entails repeat elections.

.3 Termination of duties of the President of the Russian Federation. Removal from office

General grounds for termination of the duties of the President of the Russian Federation - upon expiration of the constitutional term - 4 or 8 years (if re-elected). The moment of termination of powers is the taking of the oath by the next head of state.

The President of the Russian Federation, who has ceased to exercise his powers, has the right:

for social security;

medical service;

use of transport and communications, living quarters;

staff of assistants.

The former President of the Russian Federation cannot be held legally, including criminally, liable for acts committed during the period of his functions as president, except for serious crimes.

After the death of the President of the Russian Federation, members of his family are under the protection of the state.

The Constitution of the Russian Federation provides for the possibility of early termination of presidential powers in the following cases:

resignations;

persistent inability to exercise authority due to health reasons;

removal from office.

In the first case, the president submits a corresponding statement to parliament.

The procedure for terminating powers for health reasons is currently not regulated by law.

The Constitution of the Russian Federation provides for the possibility of early removal of the President of the Russian Federation from office, referred to in international practice as the impeachment procedure.

The impeachment procedure in the Russian Federation involves three stages:

the State Duma bringing charges against the President of the Russian Federation - the beginning of the procedure;

conclusions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation;

the accusation is brought by the State Duma of the Russian Federation with a majority of 2/3 votes on the initiative of at least 1/3 of the deputies and in the presence of the conclusion of a special commission formed by the State Duma; the president is accused of committing treason or another serious crime;

The Supreme Court of the Russian Federation gives an opinion on the presence of signs of a crime in the actions of the President of the Russian Federation, and the Constitutional Court of the Russian Federation - on compliance with the procedure for bringing charges;

The Federation Council of the Federal Assembly of the Russian Federation makes a decision on the removal of the President of the Russian Federation from office by a qualified majority of votes - 2/3 + 1 vote of the total composition within 3 months after the State Duma brings charges;

impeachment is considered rejected if the decision is not made within 3 months or less than 2/3 of the members of the Federation Council vote for impeachment; otherwise, the President of the Russian Federation terminates his powers from the moment the Federation Council makes the relevant decision.

In the event of early termination by the President of the Russian Federation of powers for any reason, the performance of his duties is assigned to 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.

Elections for the new President of the Russian Federation are held within 3 months.

While regulating various situations related to the stay of the President of the Russian Federation in power, the Constitution also provides for the possibility of early termination of the exercise of powers: resignation, persistent inability for health reasons to exercise his powers and removal from office.

The Constitution of the Russian Federation does not define the procedure for the resignation of the President and termination of powers due to persistent incapacity for health reasons. Removal of the President from office is the most regulated procedure, which is briefly discussed in Art. 93 of the Constitution of the Russian Federation and in more detail - in the regulations of the chambers of the Federal Assembly of the Russian Federation.

At the same time, all grounds for early termination of the powers of the President are traditionally divided into two types. The first includes circumstances that occur on the initiative and according to the will of the President himself. The second is circumstances beyond the will of the President. If you use the division of grounds into these groups, you get the following scheme: the first group of grounds includes: resignation; the second is represented by a persistent inability for health reasons to exercise the powers vested in the President of the Russian Federation and removal from office.

Resignation is understood as the voluntary resignation of the current President of his powers at his own request. Apparently, the law should indicate the form in which the President expresses his will (most likely, it should be a written statement), and the motives that prompted the President to make such a decision. Such motives may be personal in nature - advanced age, state of health; political: disagreement with the policies of the Federal Assembly and other government bodies in connection with the resulting economic and political crisis, etc.

The Constitution of the Russian Federation does not provide for a procedure for “accepting” or “non-accepting the resignation of the President; does not regulate the resignation procedure - to whom the President must announce his resignation: from what moment the resignation comes into force, how the performance of the duties of the President by the Chairman of the Government is formalized, the circumstance of the impossibility for any reason to assume the exercise of the powers of the President. It should be noted the expediency of legal regulation of such issues.

Another and subsequent ground for resignation in accordance with the Constitution of the Russian Federation for early termination of the exercise of powers of the President of the Russian Federation is persistent inability for health reasons to exercise the powers vested in the President. The procedure for early termination of the powers of the President on this basis is also not regulated by law.

The legislation does not answer the questions of who and how establishes the very fact of the presence of persistent inability, what are its criteria, how to ensure this kind of decision, who will make it public, etc. In any case, legal guarantees must be created to prevent abuses in the process of implementing this constitutional norm.

The third basis for early termination of the President's powers is removal from office. The principle of separation of powers in any state presupposes the interaction and interdependence of the bodies that make up the various branches of government.

A generally accepted means of influencing the bodies of one branch of government on the bodies of another branch is to grant the right to dissolve the body or remove its officials from office.

In the system of checks and balances in our country, this right is granted to both the President and Parliament. Impeachment is a procedure for bringing to justice and removing from office a number of officials. The term comes from US practice and legislation. In the Russian Federation, impeachment is the removal of the President of the Russian Federation from office by the Federal Assembly of the Russian Federation.

It is constitutionally established that the President can be removed from office only as a result of high treason or other serious crime. This, however, is a form of constitutional and not criminal liability.

The removal of the President from office is the highest form of responsibility of the President.

The removal procedure has two stages:

) The State Duma, by two-thirds of the votes of the total number of deputies, decides to bring charges. In this case, the initiative must be taken by at least one third of the deputies of the State Duma and the conclusion of a special commission formed by the State Duma must be issued. The accusation against the President must be confirmed by the conclusion of the Supreme Court of the Russian Federation.

) The decision to remove the President of the Russian Federation from office is made by the other chamber of parliament - the Federation Council - by two-thirds of the votes of the total number of members no later than three months after the State Duma brings charges against the President. At the same time, the Federation Council makes a request to the Constitutional Court of the Russian Federation to comply with procedural issues. The Constitutional Court of the Russian Federation gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime. Only the Federation Council has the right to appeal to the Constitutional Court with a request to give an opinion on compliance with the established procedure for bringing charges against the President of high treason or committing another serious crime. It is quite logical, since it is the Federation Council that makes the final decision on the removal of the President from office.

If a decision by the Federation Council is not made within this period, the charge against the President is considered rejected.

The procedure for removing the President from office is practically impossible to implement. Four government bodies are involved in it, and all of them are collegial, which delays decision-making. Moreover, judges of the Constitutional Court and the Supreme Court are appointed to these positions on the proposal of the President (clause “e” of Article 83 of the Constitution) and receive material benefits in accordance with his decrees. It is unlikely that such judges will allow the President to be removed from office.

At the same time, among about thirty draft federal laws on amendments to certain articles of the Constitution, a draft federal law on amendments to the Constitution was proposed, which proposes to regulate in the Constitution of the Russian Federation the procedure for removing the President of the Russian Federation from office.

3. Powers of the President of the Russian Federation

.1 Powers of the President of the Russian Federation in the sphere of legislative power

The legislative powers of the President are related to the areas of legislation and implementation of laws. As noted above, the President has the right of legislative initiative and suspensive veto. Let's look at these rights in more detail.

The right of legislative initiative is one of the significant levers of influence of the President of the Russian Federation on political reality - this right means the introduction of bills to the State Duma.

Veto. The President has the opportunity to influence the content of bills by using the right of veto, i.e. the right, without signing, to reject a law adopted by the Federal Assembly.

The exclusive competence of the President of the Russian Federation includes the right to dissolve the State Duma, which presupposes the direct influence of the head of state on the legislative process; in this regard, this right can be considered in the context of a logical continuation of the right of veto.

The signing by the President of a law adopted by the Federal Assembly is another form of his participation in legislative activity and the final stage of the legislative process.

The annual message of the President of Russia is a special type of official political and legal document and refers to acts of the president, which means it can be interpreted as certain powers of the President in the legislative process.

In general, the powers and competence of the President in the legislative process do not turn the President into a legislative body, and therefore do not contradict the principle of separation of powers. They are rather aimed at exercising the powers of the President of the Russian Federation as the guarantor of the constitution and are rather of a clarifying nature.

The exclusive legislative right of the President is to issue decrees and orders. Apart from the President of the Russian Federation, decrees and orders cannot be issued by any government body.

Decrees and orders of the President are acts of power that are binding throughout Russia.

Regulatory acts of the President are of particular importance for the functioning of a unified system of executive power in the Russian Federation. Along with the Constitution and federal laws, regulatory decrees of the President are the legal basis for the Government to issue its acts.

Part one of Article 90 of the Constitution of the Russian Federation precisely defines the types of acts issued by the President of the country, in which his power decisions are expressed. They can be normative and individual.

Regulatory acts are those acts of management that contain norms of law regulating social relations in the field of public administration, are designed for a long period of validity and do not have a specific personalized character. Administrative rule-making finds its expression in regulatory legal acts of management. They specify the norms of laws and other acts of supreme legal force and define standard rules of conduct in the field of public administration. These acts establish the legal status of executive authorities, determine the procedure for performing certain actions and procedures of a state-administrative nature, establish the necessary restrictions and prohibitions, and also regulate other issues of the state-administrative sphere. Regulatory legal acts of management are one of the most important sources of administrative law.

Individual acts have a law enforcement nature. In terms of their legal content, these are administrative legal acts. They always directly express the specific legally authoritative will of the relevant subjects of executive power. The specificity of such expressions of will is manifested in the fact that, firstly, with their help, individual administrative matters or issues arising in the field of public administration are resolved; secondly, they are personified.

Legal acts of management are issued, as a rule, in written form. However, in some cases, the use of the conclusive form is allowed, for example, in military administration in the case of oral orders, instructions and in a number of other cases determined by law.

In this understanding, this type of legal acts mediates the relationship between participants in management relations, more precisely, between the managing and managed parties, between subjects and objects of management.

Legal acts of management are the main legal (administrative and legal) form of implementing the tasks and functions of the President. The legal acts of the President have the following character traits: subordinate legislation, legal nature, imperativeness.

Subordinate legislation of a management act means that the issued act must not contradict the requirements of current legislative acts and must be issued within the competence of the President of the Russian Federation.

The legal nature of management acts means their ability to cause certain legal consequences. These consequences can be expressed in the establishment of appropriate rules of behavior (norms) of a general nature or affect relationships associated with specific individuals.

The imperative nature of the management act is associated with the state power of the President of the Russian Federation and is expressed in the mandatory execution, regardless of the wishes of the performers.

In this regard, the problem of rule-making by the President of the Russian Federation as one of the forms of exercising his powers seems very relevant. The President, participating in the rule-making process, either exercises his powers as head of state independently and directly, or acts as a participant in the legislative process, a subject of the right of legislative initiative. Obviously, these are the two main forms of law-making activity of the head of state, inherent in him by virtue of his legal status.

Presidential decrees occupy a significant share in the total array of legal acts: since the introduction of the Presidential institution in Russia, over 20 thousand of them have been issued, and 75% of them are normative decrees. It should be emphasized that many of them are devoted to various aspects of the organization and activities of executive bodies of state power, that is, they have a management focus and contain norms of administrative law.

The Constitution of the Russian Federation classifies the President as a subject of the right of legislative initiative (Part 1 of Article 104): The President submits bills to the State Duma (clause “d” of Article 84), proposals for amendments and revisions of the provisions of the Constitution of the Russian Federation (Article 134). The President can introduce a draft of any federal constitutional and federal law.

Finally, the President of Russia, in accordance with Articles 107 and 108 of the Constitution of the Russian Federation, signs and promulgates the laws adopted by the Federal Assembly, thereby completing the legislative process. Without this, no law acquires legal force.

The President of the Russian Federation is obliged to sign an adopted federal law within 14 days from the moment it is received, followed by promulgation, or reject it, using the so-called right of veto. If the law rejected by the President is approved in its previous wording by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, the President is obliged to sign it within seven days and publish it. Adopted federal constitutional laws cannot be rejected by the President of the Russian Federation and must be signed within 14 days after adoption and promulgated.

A specific form of participation of the President in the legislative process should be recognized as the procedure for returning an adopted federal law to the appropriate chamber of the Federal Assembly without consideration. This form is not provided for by the Constitution of Russia, but has become widespread in the practice of the President.

In accordance with Article 90 of the Constitution of the Russian Federation, the President issues decrees and orders that are binding throughout the Russian Federation. He also accepts other acts (letters, instructions, messages, requests, appeals), which, as a rule, do not contain legal norms, but are official legal documents.

Legal acts of the President may be issued within the limits of his constitutional powers. The range of issues that may be addressed in them is not specifically established by law. It is possible to identify them only by analyzing the competence of the President and the text of the Constitution of the Russian Federation. Firstly, in accordance with it, presidential decrees cannot contradict the Constitution of Russia, federal constitutional and federal laws (Article 90).

Thus, the President of the Russian Federation has a wide range of powers, which are exercised through the issuance of legal acts. In conclusion, we can add that the acts of the President of the Russian Federation, like all current normative acts of the Russian Federation, need to be systematized. Decrees and orders must be summarized and published in the form of a separate collection, which will eliminate the existing contradictions between the acts of the head of state, eliminate their duplication, and will contribute to their greater consistency.

.2 Powers of the President of the Russian Federation in the sphere of executive power

The status of the President of the Russian Federation is determined by the Constitution of the Russian Federation.

The President exercises government power as the head of state, rising above the legislative, executive and judicial branches of government. The President is not organizationally part of the system of any branch of government. However, the main proportion of powers and their nature make it possible to attribute it also to special subjects of executive power. Exercising state power as the head of state, the President of the Russian Federation, although not formally the head of the executive branch, actively influences the activities of executive and administrative bodies, which is expressed in the following forms:

directly;

indirectly (through the Government of the Russian Federation).

In the sphere of executive power, the President of the Russian Federation has a number of powers:

appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;

has the right to chair meetings of the Government of the Russian Federation;

makes a decision on the resignation of the Government of the Russian Federation;

presents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation and raises the issue of dismissal of the Chairman of the Central Bank of the Russian Federation;

at the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses Deputy Chairman of the Government of the Russian Federation and federal ministers;

forms and heads the Security Council of the Russian Federation;

forms the Administration of the President of the Russian Federation;

appoints and dismisses authorized representatives of the President of the Russian Federation;

introduces bills to the State Duma;

addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the state’s domestic and foreign policy;

issues decrees and orders;

may use conciliation procedures to resolve disagreements between the Russian Federation and government bodies of the constituent entities of the Federation, as well as between various executive authorities of the constituent entities of the Federation;

has the right to suspend the actions of executive authorities of the constituent entities of the Federation in case of their contradiction to the Constitution of the Russian Federation, federal laws and international obligations of the Russian Federation or violation by these acts of human and civil rights and freedoms until this issue is resolved by the appropriate court.

It is characteristic of the state-administrative activities of the President that the legal forms he uses are connected by the unity of executive and administrative functions. They are used to establish subordinate rules of conduct on issues within the competence of the President in the sphere of executive power; to implement legal norms and administrative powers; for independent exercise in cases of administrative jurisdiction established by law. Actions of the same type always cause direct control action. Naturally, externally expressed management functions and powers occupy a central place in the set of management forms.

At the same time, the President, by virtue of his competence, has the opportunity to act in one way or another in certain specific situations. The transformation of this possibility into reality presupposes, without fail, the commission of certain actions, which, in turn, express the content of state administrative functions, through which the competence of a given management subject is realized.

The consequences of managerial actions taken are of great importance: in some cases they express direct legal consequences, while in others they do not cause such consequences. Obviously, in the first case we mean actions that directly implement the control action.

It seems advisable to highlight the most general and large groups of forms of management activity or forms of implementation by the President of powers in the sphere of executive power:

legal forms that are associated with the establishment, application and protection of administrative law, that is, these are those forms of management that cause clearly defined external legal consequences (this is their legal meaning and purpose);

non-legal forms in which the performance of certain management actions is not directly related to the publication of legal acts of management, but are carried out on their basis and in the interests of their application.

There is another option for classifying forms of management, outwardly expressed more broadly, but essentially boiling down to what has already been described: publication of regulatory acts of management; publication of individual management acts; conclusion of contracts; carrying out direct organizational actions, which include daily operational-organizational, organizational-instructional and control work, which includes analyzing the state of affairs in certain areas within the sphere of executive power, holding various meetings, inspections, and developing new programs; implementation of material and technical operations, which include not only preparatory and technical activities to ensure the process of implementing tasks and functions in the sphere of executive power, but also work with information related to carrying out all kinds of checks and developments; implementation of direct administrative coercion.

Thus, it still seems more appropriate to combine such forms of management as the publication of normative and individual management acts into one group called the publication of legal acts, which includes both the administrative rule-making of the President and management.

The goals, objectives, functions of the executive branch and the powers of the President of the Russian Federation in this area are practically implemented in legal management acts of various nature and content. Accordingly, there are conditions necessary to classify this type of legal acts according to various criteria.

.3 Powers of the President of the Russian Federation in the sphere of judicial power

The judiciary is a type government activities exercised by specially authorized bodies of the state (court, judge), the content of which consists of powers to consider and resolve criminal, civil, administrative cases and economic disputes, as well as other powers exercised through constitutional, civil, criminal, administrative and arbitration proceedings.

The Constitution establishes the country's judicial system, but does not determine the composition of the judicial system. The judicial system of the Russian Federation is established by the Federal Law of the Russian Federation “On the Judicial System of the Russian Federation”. Part 2 Art. 4 of the Law clearly defines the circle of judicial authorities - i.e. composition of the judicial system of Russia: In the Russian Federation there are federal courts, constitutional (statutory) courts and magistrates of the constituent entities of the Russian Federation, which make up the judicial system of the Russian Federation.

The following is a comprehensive list of federal courts:

Constitutional Court of the Russian Federation;

The Supreme Court of the Russian Federation, supreme courts of republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, district courts, military and specialized courts that make up the federal court system general jurisdiction;

Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration cassation courts) arbitration courts appellate courts, arbitration courts of the constituent entities of the Russian Federation, making up the system of federal arbitration courts.

The courts of the constituent entities of the Russian Federation include: constitutional (statutory) courts of the constituent entities of the Russian Federation, justices of the peace, who are judges of general jurisdiction of the constituent entities of the Russian Federation.

In accordance with the Constitution of the Russian Federation, judges of the highest federal judicial bodies of the Russian Federation are appointed upon the recommendation of the President.

One of the highest federal bodies of judicial power is the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings. The powers, procedure for the formation and activities of the Constitutional Court of the Russian Federation are established by the Constitution of the Russian Federation (Article 125), Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation”.

The Constitutional Court of the Russian Federation consists of nineteen judges appointed to the position by the Federation Council on the proposal of the President of the Russian Federation.

According to paragraph “e” of Art. 83 of the Constitution, the President submits to the Federation Council candidates for appointment to the positions of judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation; submits to the Federation Council a proposal to dismiss the Prosecutor General of the Russian Federation from office; appoints judges of other federal courts.

3.4 Other powers of the President of the Russian Federation

Other powers of the President include (Article 89 of the Constitution of the Russian Federation):

The ability to resolve issues of citizenship of the Russian Federation and granting political asylum. Citizenship defines the permanent political and legal relationship between a person and the state, which is expressed in their mutual rights and obligations. The President is named the authorized body in charge of matters concerning citizenship of the Russian Federation. The President of the Russian Federation decides the following issues:

a) Admission to Russian citizenship in the general manner;

b) Reinstatement of Russian citizenship in the general manner;

c) Renunciation of Russian citizenship in the general manner;

d) Cancellation of decisions on issues of citizenship of the Russian Federation.

The President approves the regulations on the procedure for considering issues of citizenship of the Russian Federation, ensures the coordinated functioning and interaction of the authorized bodies in charge of matters of citizenship of the Russian Federation.

In accordance with the Constitution, the rights and freedoms of man and citizen determine the meaning, content and application of laws, the activities of all government bodies and local self-government. Respect for rights and freedoms is ensured by justice. The Constitution assigns a special role to the President in this area. Words about the obligation to defend the Constitution, respect and protect the rights and freedoms of man and citizen, and faithfully serve the people are in the text of the President’s oath, which he takes to the people upon taking office.

A necessary condition for respecting the rights and freedoms of man and citizen is a situation in which all government bodies fulfill their constitutional duties within the limits of their competence. The President must ensure such a situation in the state. To this end, the Constitution grants him special powers to ensure the coordinated functioning and interaction of government bodies.

In protecting the rights and freedoms of man and citizen, the President relies on the entire system of government bodies. The functions of the guarantor of the rights and freedoms of man and citizen require the President to constantly care about the effectiveness of the executive, legislative and judicial authorities, of course, without intruding into their sphere of competence.

Being legally distanced from all branches of government, the President sets rules, governs, resolves disputes, and carries out the functions of constitutional control. Exercising powers to protect rights and freedoms, the head of state interacts with the Government, federal courts, prosecutors, law enforcement agencies, and public associations.

The President is obliged to ensure that the Constitution and regulations of the subjects of the federation are fully consistent with the Constitution of the country, federal legislation, and the tasks of ensuring and protecting the rights and freedoms of man and citizen. IN otherwise The President has the right to demand from any federal government body, or government body of a subject of the federation, the observance of the rights and freedoms of man and citizen, and if they are violated, to demand the restoration of the violated rights in full. At the same time, the President can take the most drastic measures, including forced ones. The President exercises the constitutional powers of the guarantor of the rights and freedoms of man and citizen using his right of legislative initiative. He also issues decrees for the protection legal status individuals in general and certain groups of the population, as well as ensuring citizens with the fullness of personal, political and socio-economic rights.

The power of the President is limited by the Constitution. Many Russians perceive the President’s responsibilities to guarantee the Constitution, human and civil rights and freedoms quite broadly. They often address their complaints to the President about decisions, for example, by law enforcement agencies or even court sentences. However, the President, based on constitutional principle separation of powers, has no right to replace the functions and powers of these bodies. The general scope of the President's powers is determined by the principle of separation of powers and the requirement of the Constitution, according to which the decrees and orders of the President must not contradict the Constitution and federal laws.

Issues of awarding state awards of the Russian Federation, conferring honorary titles of the Russian Federation, highest military and highest special ranks. For preliminary consideration of these issues, a commission on state awards has been created under the President. State awards of the Russian Federation are the highest form of reward for citizens for outstanding services in the defense of the Fatherland, state building, economics, science, culture, art, education, education, protection of health, life and rights of citizens, charitable activities, and other outstanding services to the state.

State awards of the Russian Federation are the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation, honorary titles of the Russian Federation. Decrees on the establishment of state awards and the awarding of state awards are issued by the President. The President also presents state awards.

Implementation of pardon. Pardon is expressed in the complete release of a convicted person from punishment for a criminal offense imposed by a court verdict that has entered into legal force, or a reduction in the term of punishment.

Pardon is enshrined in the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, and the Criminal Executive Code of the Russian Federation. Article 50 (Part 3) of the Constitution states: “Everyone convicted of a crime has the right to ask for pardon or commutation of punishment.” Article 71 of the Constitution establishes that pardons are the responsibility of the Russian Federation. In other words, issues of pardon can only be decided by the highest federal authority, that is, the President.

The President is vested with the right to call a referendum in accordance with Article 84 of the Constitution. The President calls a referendum in accordance with the federal constitutional law, which establishes the circle of entities on whose initiative the President can call a referendum, and the procedure for appointment. The President is not included by law among the subjects who can initiate the calling of a referendum.

Article 83 gives the President of Russia the right to form his own administration, headed by the head of the Administration. This authority is intended to ensure the execution by the President of his powers.

The Administration, by its legal status, is a state body that ensures the activities of the President.

To ensure the activities of the President, the Administration creates all the necessary organizational, informational, advisory, legal, material, technical and other conditions, without which the exercise of the powers of the head of state and communication of the President of the Russian Federation with other federal government bodies and government bodies of the constituent entities of the Federation are impossible.

Conclusion

The purpose of this work was to study the essence of the constitutional and legal status of the President of the Russian Federation, to describe his main powers as defined by the Constitution of Russia.

As a result of the work carried out, the following conclusions can be drawn.

The concept of “head of state” has been known since ancient times, but currently does not have a unified definition. In Russian legal literature, the head of state is an official official who occupies the highest position among state institutions and represents the country within itself and in foreign policy relations with other countries.

The main functions of the President of Russia are defined by the Constitution of the Russian Federation. According to it, the President performs the following functions:

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, it takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies;

in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state;

as the head of state represents the Russian Federation within the country and in international relations.

The procedure for electing the President of Russia is determined by the Constitution of the Russian Federation and the Federal Law “On the Election of the President of the Russian Federation”. According to these regulations, presidential elections are held in the most democratic form - through the direct secret expression of the will of voters. Elections for the President of the Russian Federation are held in a single electoral district, which includes the entire territory of Russia.

The president may be removed from office upon expiration of his term, for health reasons and other reasons, which depend or not on the will of the head of state.

The President of the Russian Federation can introduce bills on any issue, including amendments and revisions to the provisions of the Constitution of the Russian Federation. Since the adoption of the Constitution of the Russian Federation, this right has been practiced by the head of state quite widely. The president is characterized by legislative initiatives, primarily on issues related to state building, since it is he who is responsible for the stable existence of the system of public power, as well as for its improvement.

The powers of the President of the Russian Federation in the sphere of executive power are mediated by the use and application of a system of the most appropriate, optimal means, techniques, forms and methods of their implementation.

The powers of the President of Russia in the sphere of executive power are the broadest. The President interacts with executive power at all levels, appoints heads of various government bodies, and also issues and signs regulations in this area.

In addition to all the powers of the President discussed in this work, there are many more of his functions that are spelled out in the basic law of our country - the Constitution of the Russian Federation.

Thus, all the goals and objectives of the study were achieved.

List of used literature

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2.Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (as amended on December 30, 2008 No. 7-FKZ) / Rossiyskaya Gazeta, No. 7, 01.21.2009.

.Federal Constitutional Law of December 17, 1997 No. 2-FKZ “On the Government of the Russian Federation” (as amended on December 31, 1997, June 19, November 3, 2004, June 1, 2005, January 30, March 2, 2007 December 25, 30, 2008, January 29, July 22, December 28, 2010)

.Federal Law No. 19-FZ dated January 10, 2003 (as amended on October 20, 2011) “On the elections of the President of the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 24, 2002).

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.Boshno S.V. Theory of Government and Rights. M.: Eksmo, 2007. - 400 p.

10.Vedeneev Yu.A., Lysenkov V.I. Electoral process in the Russian Federation: political, legal and technological aspects // State and Law. - 2008. - No. 8. - pp. 16-19.

11.Gabrichidze B.N., Chernyavsky A.G. Constitutional law of Russia. - M., 2007. - 1124 p.

12.Gabrichidze B.N., Chernyavsky A.G. Course of administrative law of the Russian Federation. M., 2008. P. 353.

.Golovistikova A.N., Grudtsyna L.Yu. Constitutional law of Russia: textbook / ed. ON THE. Mikhaleva. M.: Eksmo, 2007.

14.Edalov G.V. Legal status of the President of the Russian Federation as a guarantor of the Russian Constitution in the sphere of federal intervention // Business in law. - 2009. - No. 3. - pp. 22-25. - 0.5 p.l.

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16.Zykova, N.S. Removal from office of the President of the Russian Federation and participation in this procedure of the Constitutional Court of the Russian Federation / N.S. Zykova // Constitutional and municipal law. - 2007. - No. 11. - P. 29 - 32.

.Suffrage and the electoral process in the Russian Federation: Textbook for Universities / resp. ed. Ph.D. A.A. Veshnyakov. - M.: NORM, 2008. - 816 p.

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The main functions of the President of the Russian Federation as head of state are defined in Art. 80 of the Constitution of the Russian Federation, according to which he:

1. Is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen;

2. In the manner established by the Constitution of the Russian Federation, takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies;

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

4. Represents the Russian Federation within the country and in international relations.

The first of the main functions of the President of the Russian Federation is to be the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. Because of this, he must, first of all, ensure a situation in which all state bodies fulfill their constitutional duties without going beyond the limits of their competence. To do this, he must contact any federal government body and the government body of a constituent entity of the Russian Federation with a proposal to bring its acts or actions into compliance with the Constitution of the Russian Federation. The President cannot remain indifferent if at least one body of the state violates or does not comply with the Constitution of the Russian Federation, and even more so when the rights and freedoms of any groups of the population are infringed or violated. The President not only has the right, but is simply obliged to take measures up to and including the use of the broadest coercion on a legal basis, if organized criminal gangs or illegal armed groups operate on the territory of the state, which pose a direct and real threat to territorial integrity, state security and human rights in peaceful times. time. The function of the guarantor requires the President to constantly take care of the effectiveness of the judicial system and carry out many other actions not directly formulated in his powers - naturally, without invading the prerogatives of parliament. The function of the guarantor of the Constitution presupposes the broad right of the President to act at his own discretion, based not only on the letter, but also on the spirit of the Constitution and laws, filling gaps in the legal system and responding to life situations unforeseen by the Constitution. As the guarantor of the rights and freedoms of citizens, the President is obliged to develop and propose laws, and in the absence of them, and until the adoption of federal laws, to adopt decrees to protect the rights and freedoms of certain categories of citizens (pensioners, military personnel, etc.), to combat organized crime, etc. d.

The function of the President to protect the sovereignty of the Russian Federation, its independence and state integrity is equally broadly formulated in the Constitution of the Russian Federation. It is clear that here too the President must act within the limits of his powers established by the Constitution, but even in this case discretionary powers are not excluded, without which the goals of the general function cannot be achieved. Thus, only the President himself, to the best of his understanding, must determine a violation or threat of violation of sovereignty, independence and state integrity and take appropriate actions, which can be gradual, unless, of course, we are talking about a sudden nuclear attack or other gross forms of external aggression, when decisive action is required, including the use of force. The Constitution provides for the procedure for declaring war, but our age is full of unpredictable events; an extraordinary situation may arise, requiring the President to respond quickly and adequately. Everyone who cares about the interests of Russia must admit that all constitutional legality is worthless if the President does not implement his constitutional function, although formulated in very general terms, and allows the territorial disintegration of the state, external interference in internal affairs or the development of separatism.

The Constitution of the Russian Federation indicates that the implementation of this function must take place in the “order established by the Constitution of the Russian Federation” (for example, by introducing martial law or a state of emergency, which is provided for in Part 2 of Article 87 and Article 56 of the Constitution of the Russian Federation). But life can present cases in respect of which the procedure for the President’s actions is not directly provided for by the Constitution. Here, too, the President is obliged to act decisively, based on his own understanding of his duties as a guarantor of the Constitution or by resorting to interpretation of the Constitution with the help of the Constitutional Court (it should be remembered that in Russia other government bodies do not have the right to interpret the Constitution of the Russian Federation).

The function of the President of the Russian Federation to ensure the coordinated functioning and interaction of government bodies is a very complex and responsible one. Unlike a number of countries (France, etc.), the President of the Russian Federation is not called in the Constitution of the Russian Federation an “arbiter” in the relations between the three authorities, which is where the opinion was born that he stands “above the three authorities”, but in essence the President of the Russian Federation is the arbiter if The main authorities do not find agreed upon solutions or create conflicts in relationships. Based on this role, the President of the Russian Federation has the right to resort to conciliation procedures and other measures to overcome crises and resolve disputes. This function is important for the interaction of government bodies, both at the federal level and at the level of relations between government bodies of the Federation and the constituent entities of the Russian Federation and between various constituent entities of the Russian Federation.

The constitutional functions of the President of the Russian Federation are specified and supplemented by the Law of the Russian Federation “On Security” (as amended on July 25, 2002). Security is understood as the state of protection of the vital interests of the individual, society and state from internal and external threats. The main objects of security include: the individual - his rights and freedoms, society - his material and spiritual values, the state - his constitutional system, sovereignty and territorial integrity. The main subject of security is the state, and citizens, public and other organizations and associations are declared by the Law to be subjects of security.

This Law establishes certain functions and powers of the President of the Russian Federation. Thus, the President of the Russian Federation exercises general management of state security bodies, heads the Security Council, controls and coordinates the activities of state security bodies, and, within the limits of competence determined by law, makes operational decisions to ensure security. Consequently, it is the President of the Russian Federation who directly (i.e., bypassing the Chairman of the Government) manages the security forces listed in the Law: the Armed Forces, the Federal Security Service, internal affairs bodies, foreign intelligence, the Federal Security Service, which ensures the security of legislative, executive and judicial authorities and their senior officials, the tax service, civil defense formations, border troops, internal troops, the government communications and information service, ensuring the security of communications and information, etc. These forces are managed by independent ministries and departments, the heads of which are subordinate to the President of the Russian Federation (Ministry of Defense , Ministry of Justice, Federal Security Service, Ministry of Internal Affairs, Federal Security Service, Foreign Intelligence Service, Ministry of Civil Defense, emergency situations and disaster relief, State technical commission, Federal Railway Troops Service, State Courier Service).

In order to consolidate the efforts of federal government bodies and government bodies of constituent entities of the Russian Federation to ensure the national interests and security of the Russian Federation, the Decree of the President of the Russian Federation of January 10, 2000 approved the Concept national security Russian Federation. This document formulates Russia's national interests, threats to national security and tasks to ensure national security.

The President carries out representative functions solely. He has the right to send his representatives to the federal districts (this is the right of representation “within the country”), and these representatives are officials representing the President. Speaking in the field of international relations, the President of the Russian Federation negotiates with the heads of other states, has the right to sign international treaties on behalf of Russia, join international organizations, and appoint ambassadors and representatives to other states. In accordance with international law, he enjoys the protocol right to the highest honors when making official visits to other states. Any international obligations undertaken by officials on behalf of Russian state without instructions from the President of the Russian Federation, they can be disavowed by him (declared invalid).

Powers of the President of the Russian Federation

The President of the Russian Federation has broad powers in various spheres of state life. In some cases, these powers are of a prerogative nature, that is, they belong exclusively to him, in others they come into contact with the powers of other government bodies, helping to resolve issues in interaction based on the principle of separation of powers.

Based on the fourth chapter of the constitution, the President of Russia exercises the following powers:

Appoints, with the approval of the State Duma, the Chairman of the Government of the Russian Federation;

Has the right to chair meetings of the Government of the Russian Federation;

Decides on the resignation of the Government of the Russian Federation;

Presents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank; and also raises before the State Duma the question of dismissing the Chairman of the Central Bank from his position;

At the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses Deputy Chairman of the Government of the Russian Federation and federal ministers;

Presents to the Federation Council candidates for appointment to the positions of judges of the constitutional court, the Supreme Court, the Supreme Arbitration Court, as well as the candidacy of the prosecutor general; submits to the Federation Council a proposal to dismiss the Prosecutor General from office; appoints judges of other federal courts;

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

Approves the military doctrine of the Russian Federation;

Forms the Administration of the President of the Russian Federation;

Appoints and dismisses authorized representatives of the President of the Russian Federation;

Appoints and dismisses the high command of the Armed Forces of the Russian Federation;

Appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations. As required by the constitution, these appointments may be made by the President after consultation with the relevant committees or commissions of the Houses of the Federal Assembly;

Calls elections of the State Duma in accordance with the constitution and federal law;

Dissolves the State Duma in cases and in the manner provided for by the constitution;

Calls a referendum in the manner established by federal constitutional law;

Introduces bills to the State Duma;

Signs and promulgates federal laws within fourteen days of receipt. If the president rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council will again consider it in accordance with the procedure established by the constitution. this law. If, upon re-examination, the federal law is approved in the previously adopted wording by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it is subject to signing by the President of the Russian Federation within seven days and promulgation;

Addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policies of states;

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

The President of the Russian Federation has the right to suspend the actions of executive authorities of the constituent entities of the Russian Federation;

Manages the foreign policy of the Russian Federation;

Negotiates and signs international treaties of the Russian Federation;

Signs the instruments of ratification;

Accepts credentials and letters of recall from diplomatic representatives accredited to him;

In the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation introduces martial law on the territory of the Russian Federation or in its individual localities with immediate notification of this to the Federation Council and the State Duma;

Resolves issues of citizenship of the Russian Federation and granting political asylum;

Awarding state awards of the Russian Federation, conferring honorary titles of the Russian Federation, the highest military and highest special ranks;

Grants pardon.

Related information.

The main functions of the President of Russia are defined in Art. 80 of the Constitution of the Russian Federation. To implement the functions, the President has been granted the appropriate powers, i.e. Each function corresponds to certain powers.

The President of Russia is the guarantor of the Constitution of the Russian Federation. In this capacity, he must defend the Constitution of the Russian Federation, i.e. ensure compliance with other government bodies, officials, and other entities. In the legal literature there is an opinion that the powers of the President can only be exercised if there is an appropriate law. The Constitutional Court of the Russian Federation, in Resolution No. 10-P of July 31, 1995, noted that this means a rejection of the direct effect of the Constitution. While supporting the priority of legislative regulation of issues within the jurisdiction of the Russian Federation, the Constitutional Court did not exclude the possibility of the President using his powers as a guarantor of the Constitution in cases where the relevant range of social relations is not regulated by federal law.

The President is not vested with the right to assess constitutionality normative act chamber of the Federal Assembly, he can only apply to the Constitutional Court of the Russian Federation with a corresponding request.

The President of Russia is the guarantor of the rights and freedoms of man and citizen. The President acts in this capacity when exercising all his powers. The implementation of this function by the President occurs through: influencing the legislative, executive and judicial powers by determining the main directions public policy; participation in the federal legislative process; participation in the formation and functioning higher authorities state power; direct management of authorities in all important areas state life, as well as interaction with them in solving national problems.

The president in accordance with the procedure established by the Constitution of the Russian Federation takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity. To implement this function, the President is vested with the powers of the Supreme Commander-in-Chief, who in peacetime exercises general political leadership of the armed forces, and in emergency circumstances exercises direct leadership over them.

The President, as the head of state, ensures the coordinated functioning and interaction of government bodies. The relations of the President of the Russian Federation with other government bodies are based on the principles of autonomy and independence of government bodies, on the one hand, and unity of power, on the other. The need to ensure the unity of state power determines the President’s obligation to take measures to overcome disagreements between government bodies in cases where such disagreements impede the normal exercise of state power and the realization of human and civil rights and freedoms.

Conciliation procedures are used by the President to resolve conflicts and disagreements, firstly, between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation and, secondly, between state authorities of the constituent entities of the Russian Federation. The forms of the conciliation procedure can be: negotiations, arbitration, the provision of so-called good offices.

The President of the Russian Federation, as the head of state, determines the main directions of the domestic and foreign policy of the Russian state. This function is specified in the right of the President to address the Federal Assembly with annual messages on the situation in the country, on the main directions of the state’s domestic and foreign policy. Although the President's messages are addressed to the Federal Assembly, they are mandatory for execution primarily by the Government of the Russian Federation.

The powers of the President to implement basic functions can be classified according to the areas of public relations in which they are implemented.

Powers of the President of Russia in the field of human and civil rights and freedoms. The Constitution of the Russian Federation first of all defines the President as the guarantor of the Constitution, the rights and freedoms of man and citizen. These are the priority tasks of the President, which determine the content of the remaining presidential powers, exercised by him both personally and through government bodies.

In a broad sense, all the powers of the President of the Russian Federation, enshrined in the Constitution of Russia, federal constitutional laws and federal laws, are aimed at achieving the main goal - to guarantee the rights and freedoms of man and citizen.

In a narrow sense, the President has a specific list of powers in the field of the legal status of an individual. First of all, this is decision-making on issues of citizenship in cases of naturalization, i.e. acquisition of citizenship at the request of a certain person, subject to the necessary conditions for this, option (transfer of part of the territory of one state to another), etc. For preliminary consideration of citizenship issues, the Commission on Citizenship Issues established by the President of the Russian Federation operates.

The President is responsible for providing political asylum. The procedure for granting political asylum is regulated by the Regulations on the procedure for granting political asylum by the Russian Federation, approved by Decree of the President of the Russian Federation of July 21, 1997 No. 746. The powers of the President include the adoption of a decree on pardon, which is adopted as a result of considering a personal appeal to the President of the convicted person.

Among the powers of the President of the Russian Federation: awarding state awards; conferring honorary titles, highest military and highest special ranks. The President has the right to establish new awards. Thus, by Decree of the President of the Russian Federation dated 08.08.2000 No. 1463, the Statute of the Order of St. George, the Regulations on the insignia - the St. George Cross and their description were approved. For preliminary consideration of issues related to state awards, the Commission on State Awards established by the President functions under the President. The President approved the Regulations on this commission.

Powers of the President of Russia in the sphere of interaction with the Federal Assembly. In relations with the Federal Assembly, the President of the Russian Federation calls elections of the State Duma in accordance with the Constitution of the Russian Federation and federal law; calls a referendum in the manner established by federal constitutional law.

The President has the right to dissolve the State Duma in connection with the State Duma’s three-time rejection of candidates for the Chairman of the Government proposed by the President (Article 111 of the Constitution of the Russian Federation) and the State Duma repeatedly expressing no confidence in the Government within three months. In the latter case, if the State Duma has expressed no confidence in the Government, then the President has the right to announce the resignation of the Government or disagree with the decision of the chamber. If no confidence in the Government is expressed again within three months, the President announces the resignation of the Government or dissolves the State Duma (Article 117 of the Constitution of the Russian Federation).

When conducting a parliamentary investigation into cases of gross and massive violations of human rights, the final report, approved by the chambers of the Federal Assembly, is sent to the President of Russia.

Significant powers belong to the President of Russia in the field of the legislative process. They allow the head of state to guarantee the adoption of laws that meet the interests of respecting and protecting the fundamental rights and freedoms of man and citizen, ensuring the protection of the sovereignty of the Russian Federation, its independence and state integrity. The President of the Russian Federation introduces bills to the State Duma, signs and promulgates federal laws; addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the state’s domestic and foreign policy. He has the right to veto the adopted law and return it for new consideration. The reasons for rejecting a law may be fundamental disagreement with the basic provisions of the law or its individual sections, chapters, articles, or violation of the procedure for discussing and adopting the law. Through the exercise of these powers, the President ensures and guarantees a single legal space throughout Russia.

In practice, there are also regular meetings, deliberations and consultations of the President with the leadership of the chambers of the Federal Assembly on the most important issues domestic policy, and above all on current bills.

The President appoints his authorized representatives in the State Duma and the Federation Council. Representatives of the President are sometimes appointed to participate in the consideration of specific bills submitted on behalf of the President to the State Duma.

Powers of the President of Russia in the sphere of relations with the Government of the Russian Federation. The President appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation; has the right to preside at Government meetings; by virtue of Art. 83 and 117 of the Constitution of the Russian Federation makes a decision on the resignation of the Government of the Russian Federation without the participation of the State Duma; but at the proposal of the Chairman of the Government, appoints and dismisses the Deputy Chairman of the Government of the Russian Federation and federal ministers.

The President submits to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; raises before the State Duma the question of dismissal of the Chairman of the Central Bank.

On May 13, 2000, by Decree of the President in the Russian Federation, the institution of plenipotentiary representative in federal district, appointed by the President and responsible to him.

The tasks of the plenipotentiary representative are: organizing work in the federal district to implement the main directions of domestic and foreign policy, formulated and addressed by the President of the Russian Federation to government bodies; control over the implementation of decisions of federal government bodies; presentation to the President of the Russian Federation of reports on ensuring national security, political, social and economic situation in the federal district.

The President forms and heads the Security Council of the Russian Federation, which includes the Ministers of Defense, Foreign Affairs, Internal Affairs, the Director of the Foreign Intelligence Service, the Director Federal service security and other persons.

The President forms the Presidential Administration - the working body of the President, performing the rights and responsibilities assigned to it.

Powers of the President of Russia in the sphere of interaction with the judiciary and the prosecutor's office. The President submits 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, and appoints judges of other federal courts. The President not only participates in the formation of judicial bodies, but also contributes to the improvement of the Russian judicial system. For this purpose, a Council for Improving Justice was created under him.

The President interacts with the prosecutor's office. He submits to the Federation Council the candidacy of the Prosecutor General of the Russian Federation; proposal for dismissal from the post of the Prosecutor General of the Russian Federation. Since the Constitution of the Russian Federation and the Federal Law "On the Prosecutor's Office of the Russian Federation" implies the mandatory removal from office of the Prosecutor General of the Russian Federation during the investigation of a criminal case initiated against him, the President of the Russian Federation, in pursuance of these regulations, not only has the right, but is also obliged - in the absence of other regulation - issue an act on the temporary removal of the Prosecutor General of the Russian Federation from office (Resolution of the Constitutional Court of the Russian Federation dated December 1, 1999 No. 17-P).

The Prosecutor General annually submits a report to the President of the Russian Federation on the state of law and order in the Russian Federation and on the work done to strengthen them.

Powers of the President of Russia in the field of formation and activities of state authorities of the constituent entities of the Russian Federation. The President has the right to suspend acts of executive authorities of constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution of the Russian Federation and federal laws, international obligations of the Russian Federation or violation of human and civil rights and freedoms until this issue is resolved by the appropriate court (Part 2 of Article 85 of the Constitution of the Russian Federation). Thus, the President of the Russian Federation, by his decree, suspended the effect of the resolution of the administration of the Krasnoyarsk Territory of February 22, 1994, which ordered a referendum on the draft regional law “On the foundations of direct democracy and the organization of state power in the Krasnoyarsk Territory”, since the implementation of the administration resolution would lead to a violation of a number of provisions of the Federal Constitution, in particular Part 2 of Art. 66 and part 1 of Art. 77, establishing the procedure for adopting the charter of the region.

The President of the Russian Federation carries out conciliation procedures in the event of conflict situations between government bodies of the constituent entities of the Russian Federation.

The basis for interaction between the President of Russia and the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation is enshrined in more detail in the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation.” They are as follows.

Upon the recommendation of the President of Russia, the legislative bodies of state power of a constituent entity of the Russian Federation formalize a decision to vest a citizen of the Russian Federation with the powers of the highest official of a constituent entity of the Russian Federation. The President of the Russian Federation has the right to issue a warning to the highest official of a constituent entity of the Russian Federation, remove him from office, and dissolve the legislative body of state power of a constituent entity of the Russian Federation in cases established by the specified Federal Law.

Powers of the President of Russia in the field of defense and security. The President 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, he introduces martial law on the territory of Russia or in certain localities with immediate notification of this to the Federation Council and the State Duma. The martial law regime is determined by federal constitutional law.

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

The President of the Russian Federation approves the military doctrine of the Russian Federation, appoints and dismisses the high command of the Armed Forces of the Russian Federation.

The powers of the President of Russia in the field of defense are listed in more detail in Art. 4 of the Federal Law of May 31, 1996 No. 61-FZ “On Defense”. In particular, it approves concepts and plans for the construction and development of the Armed Forces of the Russian Federation, other troops, military formations and bodies; plan for the use of the Armed Forces of the Russian Federation; mobilization plan of the Armed Forces of the Russian Federation, as well as weapons and development programs for the defense industrial complex; nuclear and other special testing programs and authorizes the conduct of said tests; appoints military personnel to military positions for which the state provides for the military ranks of senior officers, releases them from military positions and dismisses them from military service in the manner prescribed by federal law.

In addition, the President of Russia approves: the structure and composition of the Armed Forces of the Russian Federation, other troops, military formations; the regular number of military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies, as well as the regular number of civilian personnel; makes decisions on the deployment and redeployment of the Armed Forces of the Russian Federation, other troops, military formations from the formation and above. It approves general military regulations, provisions on the Battle Banner of a military unit, the Naval Flag of the Russian Federation, the procedure for military service, military councils, military commissariats, military transport duties; Regulations on the Ministry of Defense of the Russian Federation and federal executive authorities (bodies) authorized in the field of command and control of other troops, military formations and bodies, determines issues of coordination of the activities of federal executive authorities and executive authorities of constituent entities of the Russian Federation in the field of defense.

The President of the Russian Federation issues decrees on the conscription of citizens of the Russian Federation for military service, military training (indicating the number of conscripted citizens of the Russian Federation and their distribution between the Armed Forces of the Russian Federation, other troops, military formations and bodies), as well as on the dismissal of citizens of the Russian Federation from military service undergoing military service upon conscription in the manner prescribed by federal law.

Powers of the President of Russia in the field of foreign policy and international relations. The President manages the foreign policy of the Russian Federation and directly instructs the Minister of Foreign Affairs. He negotiates, establishes direct contacts with heads of foreign states, makes visits to foreign countries, signs international treaties of the Russian Federation. However, international treaties signed by the President are subject to ratification by the Federal Assembly, which is done through the adoption of a federal law by both chambers of the Federal Assembly. Ratification of an international treaty is confirmed by an instrument of ratification, which is signed by the President of the Russian Federation.

The President of Russia exercises the listed powers personally without any document authorizing it. However, he may authorize a certain person to sign an international treaty and, on his own behalf, provide him with the appropriate document for this purpose.

Carrying out the functions of the head of state, the President of the Russian Federation accepts the credentials and letters of recall of the diplomatic representatives accredited to him. The credentials indicate that the ambassador is entrusted with representing the interests of his state in the Russian

Federation. Letters of revocation terminate the powers of the ambassador of a foreign state in Russia.

After consultations with the relevant committees or commissions of the chambers of the Federal Assembly, he appoints diplomatic representatives of the Russian Federation in foreign states and international organizations.

Powers of the President of Russia in the field of adoption of legal acts. Legal acts The President issues decrees and orders.

Presidential decrees may be normative And non-normative.

Decrees of a normative nature can be issued by the President of the Russian Federation both on subjects of jurisdiction of the Russian Federation and on subjects of joint jurisdiction of the Russian Federation and its constituent entities. An example of a regulatory decree of the President is Decree No. 746 of July 21, 1997 “On approval of the Regulations on the procedure for granting political asylum by the Russian Federation.” Non-normative decrees of the President are of a law enforcement nature and are issued on issues of awarding orders and medals of the Russian Federation, granting political asylum, and conferring the highest military and highest special ranks in relation to specific individuals.

The President of the Russian Federation is obliged to ensure the inclusion of amendments and changes in the constitutional text through the official publication of acts adopted in accordance with Art. 136 and 137 of the Constitution of the Russian Federation. In accordance with Part 2 of Art. 137 of the Constitution of the Russian Federation, when changing the name of a subject of the Federation, the obligation to include such a change in the text of Art. 65 of the Constitution of the Russian Federation is implemented by decree of the President on the basis of a decision of a constituent entity of the Russian Federation adopted in the prescribed manner (see Resolution of the Constitutional Court of the Russian Federation of November 28, 1995 No. 15-11).

It is not contrary to the Constitution of the Russian Federation for the President to issue decrees that fill gaps in legal regulation on issues requiring legislative resolution, provided that such decrees do not contradict the Constitution of the Russian Federation and federal laws. However, the effect of such decrees is limited to the period before the adoption of the relevant legislative acts (Resolution of the Constitutional Court of the Russian Federation of April 30, 1996 No. 11-P).

Orders of the President of the Russian Federation are adopted on operational, personnel and organizational issues and, as a rule, are of a non-normative nature. However, on issues of organizing the Administration, orders of the President may be normative.

Decrees and orders of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws and are binding on the entire territory of Russia.