President of the Russian Federation - the highest public office Russian Federation as well as the person elected to this position. The President of Russia is the head of state. Many of the powers of the president are either directly executive in nature, or are close to the executive branch. Along with this, according to some researchers, the president does not belong to any one branch of government, but rises above them, since he exercises coordinating functions and has the right to dissolve State Duma... The President of the Russian Federation is also the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms and the Supreme Commander-in-Chief. The armed forces Russian Federation. In accordance with the Constitution of the Russian Federation and federal laws, the President of the Russian Federation determines the main directions of domestic and foreign policy.

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 preside over 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, and also puts before the State Duma the issue of dismissing the Chairman of the Central Bank from his post;

on the proposal of the Chairman of the Government of the Russian Federation, appoints to office and dismisses from office the Deputy Chairmen of the Government of the Russian Federation and federal ministers;

submits to the Federation Council candidates for appointment to the posts of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, as well as a candidate attorney general; submits to the Federation Council a proposal to dismiss the Attorney 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 federal law;

approves the military doctrine of the Russian Federation;

forms the administration of the President of the Russian Federation;

appoints and dismisses plenipotentiary 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 in consultation with the relevant committees or commissions of the chambers of the Federal Assembly;

appoints elections to the State Duma in accordance with the Constitution and federal law;

dissolves the State Duma in the cases and in the manner provided for by the Constitution;

appoints a referendum in the manner prescribed by federal constitutional law;

submits 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 shall reconsider this law in accordance with the procedure established by the Constitution. If, upon reconsideration, the federal law is approved in the previously adopted version 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 must be signed by the President of the Russian Federation within seven days and promulgated;

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

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

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

The President of the Russian Federation may cancel decisions and orders of the Government of the Russian Federation;

manages foreign policy Russian Federation;

negotiates and signs international treaties of the Russian Federation;

signs the instruments of ratification;

accepts letters of credence and recall of diplomatic representatives accredited with him;

in the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation shall impose martial law on the territory of the Russian Federation or in some of its 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;

rewards state awards Russian Federation, confers honorary titles of the Russian Federation, higher military and higher special ranks;

pardons.

Determine the composition and main areas powers of the President of Russia.

According to the provisions of the Constitution President of Russia has a wide range powers, which stem from his legal status as head of state. They enable him to effectively and fully perform the functions assigned to him.

These powers to one degree or another affect almost all aspects of the state's activities. Depending on the application, they can be split into powers, Related:

Participation in the legislative process;

The process of forming a system of federal government bodies;

Full functioning executive bodies state power;

Ensuring the implementation of the powers of state authorities throughout the territory of the Russian Federation;

Implementation of foreign and defense policy;

Other areas of government activity.

Consider the above key spheres of authority of the President of Russia.

Firstly, of great importance are those of his powers that are associated with participation in the process the formation of federal government bodies, since through their activities the functions of the state are realized.

According to the provisions of the Constitution, in the formation of these bodies, along with the head of state, are involved and Federal Assembly of Russia(parliament). A similar scheme of interaction is implemented two ways:

Either the President, in accordance with his powers, appoints the relevant officials, and the parliament approves the proposal;

Or the parliament, according to its powers, appoints the relevant officials, and their candidates are proposed by the head of state.

In the process of building executive bodies, the powers of the President of Russia are distinguished by the widest scope, since it is these bodies that actually implement the main points of his program.

With the consent of the State Duma, he appoints Prime Minister of Russia, and also at the suggestion of the latter, appoints his deputies and ministers. The powers of the President of Russia allow him, by his decree, to establish the structure of the federal bodies of executive power.

For appointment to positions judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Prosecutor General The President of Russia presents the appropriate candidates to the Federation Council, which appoints them.

The head of state submits to the State Duma of the Russian Federation a candidate for appointment Chairman of the Central Bank of Russia, and upon the occurrence of certain circumstances, he has the right to raise the question of his removal from office before the Duma.

He also appoints five members (one third part) CEC(Central Election Commission) and submits a candidate for appointment Commissioner for Human Rights.

Secondly, in the Constitution for President of Russia assigned and credentials which are associated with parliamentary activities(article 84). The head of state calls elections for the State Duma of Russia in accordance with the Constitution and federal legislation. He has the authority to dissolve the State Duma in those cases and in the manner provided for by the Basic Law.

According to Article 107 of the Constitution, the President of Russia has the right of a suspensive veto, he signs and promulgates laws. In case of rejection of the law, the reasons for this decision must be brought to the notice of both chambers of the Federal Assembly of the Russian Federation.

The President has the authority to submit bills to the State Duma, i.e. he is endowed with the right of legislative initiative. He also has the right to apply with inquiries to the Constitutional Court on the interpretation of the Constitution and on the compliance of the RF Constitution with the normative acts provided for in Article 125. The head of state appoints a plenipotentiary representative in the Constitutional Court of Russia. He has the authority, along with other subjects specified in Article 134 of the Basic Law, to propose amendments and revisions to the provisions of the Constitution.

Thirdly, President of Russia endowed with the largest volume powers in the field related to activities of executive authorities.

In addition to resolving issues on the formation of the composition Governments, the head of state has the right to preside over its meetings. In cases established by the Constitution, decisions and orders of the Government may be canceled by the President of Russia. He is empowered to make decisions on the resignation of the Government. After presidential elections in accordance with the Constitution, the entire Government resigns.

According to part 1 of Article 112 of the Basic Law Prime Minister after appointment, submits to the President of Russia its proposals on system and structure of federal executive bodies.

Definition systems involves the establishment of the types of these authorities. So, in article 1 of the Decree “ On the system and structure of federal executive bodies»Dated March 9, 2004 (as amended on September 28, 2017), it is noted that this system includes:

Federal ministries;

Federal services;

Federal agencies.

Federal ministry is a federal executive body that implements the functions of developing state policy and legal regulation in the area of ​​activity defined by acts of the President and the Government of Russia. The Ministry is headed by the Minister of the Russian Federation (Federal Minister), who is part of the Government of Russia.

federal Service is a federal executive body that exercises control and supervision functions in the established area of ​​activity. It also implements special powers in the field of ensuring public and state security, defense, guarding and protecting the state border, and combating crime. The head of the service is its head (director). It can have the status of a collegial body.

Federal agency represents the federal executive body that implements in the established area of ​​activity the functions of providing state services, managing state property, and also exercises law enforcement powers (except for the functions of control and supervision). The agency is headed by its head (director). It can have the status of a collegial body.

In addition to the system, the President determines and structure of federal executive bodies, in other words, he establishes a specific list of them. Each new President approves this structure when forming the Government. IN decree on the structure of federal executive bodies changes that are made to their structure are recorded. Thus, the composition of the abolished bodies, the name of the bodies, the number of the Deputy Prime Minister are established. The Decree also reflects a specific list of existing ministries, services and agencies and other bodies.

According to the provisions of the Constitution and legislation, the powers The President suggest management activities of the following federal executive authorities:

Ministry of Foreign Affairs, Ministry of Defense, Ministry of Internal Affairs, Ministry of Justice, Ministry of Emergencies,

Federal services: foreign intelligence, security, security, drug control, courier;

Administrative Department of the President.

On the proposal of the Chairman of the Government of Russia, the head of state approves provisions about these bodies and appoints their leaders, and the Government coordinates the activities of these bodies. He also sends other powers as Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and President of the Security Council.

Fourth, together with the Government of the Russian Federation The president as the head of state ensures, according to the Constitution exercise of the powers of the federal state power throughout the territory of Russia.

In the process of implementing this function of the President of Russia, it is of great importance State Council of the Russian Federation and institute plenipotentiaries of the President in federal districts.

A significant authority of the President as a guarantor of compliance with the Constitution, protection of human and civil rights and freedoms is to ensure unity of the legal space of Russia... A necessary prerequisite for the accomplishment of this task is the creation of Federal Bank of Regulatory Legal Acts of the Subjects of the Russian Federation(federal register), its construction and updating is carried out by the Ministry of Justice.

Fifth, RF President as a head of state is endowed with broad powers in the military and foreign policy spheres... So, the President of Russia:

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

Approves the military doctrine of Russia;

He is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation;

Appoints and dismisses the high command of the Armed Forces;

Has the authority to confer the highest military ranks;

Carries out general management of foreign policy and determines its main directions;

Negotiates with the leaders of other states and signs international treaties on behalf of the Russian Federation;

Has the authority to accept the credentials and letters of recall of diplomatic representatives accredited to him, as well as to sign the instruments of ratification;

Appoints and recalls diplomatic representatives of Russia in international organizations and foreign states after consultation with the relevant committees or commissions of the chambers of the Federal Assembly of the Russian Federation.

Security Council is a constitutional body that prepares decisions of the President of Russia on the issues of ensuring the protection of the vital interests of society, the individual, the state from a combination of external and internal threats, as well as the implementation of a unified state policy in the field of security. Security Council Office acts as an independent subdivision in the Administration of the President of Russia in the status of the main directorate of the President.

In the event of aggression against Russia or its immediate threat, the head of state has the right to introduce on the territory of the country or in some of its localities martial law, immediately informing the State Duma and the Federation Council about it. Observing the latter condition, the President has the power to announce the introduction of state of emergency on Russian territory. Decrees on the introduction of martial law and a state of emergency must be approved by the Federation Council. The circumstances and procedure for the introduction of martial law and a state of emergency are established by federal constitutional laws.

At sixth, The President of Russia is endowed with and other powers which stem from his status as head of state. It is customary to refer to such powers as the decision questions:

Citizenship;

Granting political asylum;

State awards, honorary titles and higher special titles of the Russian Federation;

Pardons.

Clause "c" of Article 84 of the Constitution states that the powers of the President include the right to call an all-Russian referendum... The head of state calls a referendum in accordance with the provisions of the federal constitutional law, which specifies the procedure for its appointment and the composition of the subjects on whose initiative the President of Russia can call a referendum. The President is not a member of the entities that have the right to initiate the process of calling a referendum.

Thus, powers of the President of Russia are characterized by a wide variety, their implementation allows him to effectively and fully perform his functions and tasks.

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The powers of the Russian president are determined Articles 80-93 of the Constitution of the Russian Federation, adopted on December 12, 1993... According to Art. 80 of the Basic Law, the President of Russia has the status of "head of state", "guarantor" of the Constitution, human and civil rights and freedoms. It takes special place in the system of power and is not directly included in any of its three branches (executive - the government of the Russian Federation; legislative - the Federal Assembly of the Russian Federation; judicial - the courts of the Russian Federation).

At the same time, the head of state can make decisions only within the framework of the current Constitution and federal laws... The President of the Russian Federation is elected for a term of six years and cannot hold the highest office in the country for more than two consecutive terms. His decrees and orders are binding on the entire territory of the Russian Federation.

Now in more detail ...

National security

The President is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, and he also has the right to appoint and dismiss the high command of the Russian army and navy. In the event of aggression (or its immediate threat) against the Russian Federation, the head of state has the right to impose martial law on the entire territory of the country or in its individual areas. Also, in case of attempts at armed revolt, mass riots, man-made or ecological disasters, and other circumstances, the president can declare a state of emergency.

In both cases, he is obliged to immediately inform both houses of the Federal Assembly of his decision. Within 48 hours, the introduction of martial law must be approved by a majority of the members of the Federation Council of the Russian Federation (the state of emergency must be approved within 72 hours).

According to Art. 106 of the Constitution of the Russian Federation, the president has no right to declare war and make peace... This is the exclusive competence of the Federation Council. The head of state forms and heads the Security Council of the Russian Federation. This advisory body includes the chairmen of the chambers of the Federal Assembly, the head of government, ministers of the security bloc and foreign affairs, the head of the Presidential Administration, and others. The Security Council prepares for the head of state basic documents in the field of national security, in particular, the military doctrine of the Russian Federation, which is approved by the president.

Foreign policy

As the head of state, the President of the Russian Federation represents the country in the international arena. He directly manages the foreign policy of the Russian Federation, determines its main directions (in particular, in the message to the Federal Assembly of the Russian Federation), negotiates with the leaders of foreign states and international organizations. For the entry into force of international treaties ratified by the State Duma, the signature of the Russian president is required.

The head of state carries out general management of the activities of the Ministry of Foreign Affairs of the Russian Federation. After consulting the relevant committees of both chambers of parliament, he appoints and recalls Russian diplomatic representatives to foreign states and international organizations. Also, the President of the Russian Federation accepts the credentials and letters of recall of foreign diplomats.

Executive power

The President of the Russian Federation determines the main directions domestic policy countries. According to the Constitution, he has the right to preside over government meetings. The head of state is directly subordinate to 19 departments (out of 72 that are part of the government structure), including the ministries of the power bloc, justice, foreign affairs, the Federal Service for Financial Monitoring, the Federal Archival Agency, etc.

The President plays a decisive role in the formation of the new cabinet of ministers. With the consent of the State Duma, he appoints the chairman of the government. At the suggestion of the prime minister, the head of state approves the structure of the cabinet, appoints deputy prime ministers and federal ministers. Makes decisions on the appointment of managers law enforcement agencies, as well as the resignation of the heads of ministries. In addition, according to the Constitution, the President has the right to dismiss the entire government, based on considerations of political necessity.

In addition to the Cabinet of Ministers, the President of the Russian Federation forms his own Administration, which ensures the activities of the head of state and monitors the implementation of his decisions. The structure of the Presidential Administration includes 21 departments (including those for domestic and foreign policy), assistants and advisers, as well as plenipotentiary representatives of the president (and their offices) in the federal districts.

The President presents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation, and also puts before the lower house of parliament the issue of dismissing him from office.

The head of state also is an arbitrator in the event of disagreements between federal and regional authorities, he can use various conciliation procedures for this (organization of negotiations, arbitration courts, etc.). The President has the right to suspend the acts of the executive authorities of the constituent entities of the Russian Federation if they contradict the Russian Constitution, federal laws or violate the rights and freedoms of a person and citizen. The final decisions on these types of issues are made by the courts.

Legislature

The President of the Russian Federation has the right to initiate legislation, including on the revision of the Russian Constitution. Federal laws adopted by both chambers of the Russian parliament enter into force only after they are signed and promulgated by the head of state. On issues of special state importance, the president can call a popular vote - a federal referendum.

Since 2014, the Russian president has received the right to appoint no more than 10% (17 people) of the members of the Federation Council of the Russian Federation (the rest of the senators are representatives of the legislative and executive authorities of the constituent entities of the Russian Federation).

The head of state calls elections to the State Duma. He can also dissolve the lower house of parliament on three occasions.:

If the deputies reject three times the candidatures presented by the president for the post of chairman of the government;

If the Duma within three months re-expresses its no confidence in the government;

If the Duma refuses to trust the government, when the question of such trust was put before it by the Prime Minister.

Courts and prosecutors

The head of state submits candidates to the Federation Council for appointment to the posts of judges of the Constitutional and Supreme Courts of the Russian Federation. Same he has the right to directly appoint judges of other federal courts... In the Russian prosecutor's office, the president's competence includes the appointment and dismissal of prosecutors of the constituent entities of the Russian Federation, etc. In addition, the head of state submits candidates for the post of the general prosecutor and his deputies to the Federation Council for approval.

Other powers

The Russian president decides on the issues of citizenship of the Russian Federation and the granting of political asylum to foreign citizens and stateless persons who have made a request to the authorities of the Russian Federation. The President has the right, by his decrees, to pardon convicts, that is, to release them from further serving their sentence or to mitigate the sentence passed by the court. The competence of the head of state also includes the awarding of orders and medals to citizens of the Russian Federation, as well as the assignment of higher military and higher special ranks.

Impeachment procedure (removal from office)

According to the Constitution, the President of the Russian Federation has immunity. However, if he is accused of high treason or committing another grave crime, he may be forcibly removed from office by the Federation Council, and also brought to trial. The State Duma (two-thirds of the votes of the deputies) puts forward an accusation against a senior official, then the Supreme and Constitutional Courts consider it. The final decision on the removal of the president from office is made by the Federation Council (at least two-thirds of the votes) within three months from the date of the accusation.

The legal status of the President of the Russian Federation: powers, procedure for elections and termination of powers.

President of the Russian Federation- the highest state office of the Russian Federation, as well as a person elected to this position. The President of Russia is the head of state. Many of the powers of the president are either directly executive in nature, or are close to the executive branch. The President does not belong to any one branch of government, but rises above them, since he exercises coordinating functions and has the right to dissolve the State Duma. The President of the Russian Federation is also the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms, and the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. In accordance with the Russian Federation and the Federal Law, the President of the Russian Federation determines the main directions of domestic and foreign policy.

Powers of the President of the Russian Federation

On the basis of the fourth chapter of the Constitution, the President of Russia carries out the following credentials:

• appoints, with the approval of the State Duma, the chairman of the Government of the Russian Federation;
• has the right to preside over 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 also puts before the State Duma the issue of dismissing the chairman of the Central Bank from his post;
• on the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses the Deputy Prime Minister of the Russian Federation and federal ministers;
• submit to the Federation Council candidates for appointment to the posts 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 Attorney 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 plenipotentiary 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 in consultation with the relevant committees or commissions of the chambers of the Federal Assembly;
• appoints elections to the State Duma in accordance with the Constitution and the Federal Law;
• dissolves the State Duma in the cases and in the manner prescribed by the Constitution;
• appoints a referendum in the manner prescribed by the FKZ;
• submits bills to the State Duma;
• signs and publishes the Federal Law within 14 days from the date of receipt. If the president rejects it within 14 from the moment of receipt of the Federal Law, then the State Duma and the Federation Council, in the manner prescribed by the Constitution, shall reconsider this law. If, upon reconsideration, the Federal Law is approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within 7 days and made public;
• addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of domestic and foreign policy of the state;
• The President of the Russian Federation can use conciliation procedures to resolve disagreements between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, as well as between the state authorities of the constituent entities of the Russian Federation. In case of failure to reach an agreed decision, he may refer the resolution of the dispute to the appropriate court;
• The President of the Russian Federation has the right to suspend the acts of the executive authorities of the constituent entities of the Russian Federation;
• The President of the Russian Federation can cancel the decisions and orders of the Government 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 letters of credence and recall of diplomatic representatives accredited with 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 some of its 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;
• awards state awards of the Russian Federation, confers honorary titles of the Russian Federation, higher military and higher special ranks;
• pardons.

In the process of exercising his powers, the President of the Russian Federation issues decrees and orders that are binding on the entire territory of the Russian Federation. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and the Federal Law.

Election procedure

A candidate for the presidency can be a citizen of the Russian Federation at least 35 years old, permanently residing in the Russian Federation for at least 10 years. One and the same person cannot hold the office of President of the Russian Federation for more than two consecutive terms. The procedure for the election of the President of the Russian Federation is determined by the Federal Law of 10.01.03 No. 19-FZ "On the Election of the President of the Russian Federation".

According to this law, for registration, a candidate must submit to the Central Election Commission (CEC) at least 2 million signatures of Russian citizens who support him. The law allows you to bring them with a margin of 5%, that is, up to 2 million 100 thousand signatures. The CEC must verify at least 20% of the 2 million signatures. If the number of rejects exceeds 5%, then another 10% of the signature lists are additionally checked. Candidates who have submitted signature lists without sufficient supply can be excluded from registration even with a lower percentage of marriage, since one of the grounds for refusal to register is if the number of signatures, excluding defective ones, turns out to be less than 2 million.

The President of the Russian Federation is elected by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot (Article 81 of the Constitution of the Russian Federation).