Constitutional and legal status of the President of the Russian Federation. Presentation on the topic "powers of the President of the Russian Federation" President of the Russian Federation functions and powers presentation

The material was developed in order to study the legal status of the president in both Russian Federation, and abroad.

The presentation contains historical facts, information about the symbols of the President of the Russian Federation, information about his powers and requirements for candidates for the post of President of the Russian Federation.

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“Presentation for the social studies lesson “President of the Russian Federation””

What is a president?

President- from lat. praesidens, genitive case praesidentis - sitting in front, at the head

The term “president” has been used since the 18th century (in preparation for the adoption of the US Constitution of 1787, the question arose of what to call the elected head of state)

Signs of the presidency

The President is an elected official

The President performs the functions of the head of state

The President is not subordinate to anyone and does not depend on other government bodies

The President is obliged to comply with the restrictions established by law

The President has great political influence, exercising supreme leadership of the current political affairs of the state

The President is the head of the executive branch of government, or participates in the development of decisions of the executive branch, initiates the adoption of laws

Constitutional status of the president

The President is not a member of any branch of government (legislative, judicial, executive) - Russian Federation, Italy, Hungary

The President is the head of state and head of the executive branch of government (USA, Mexico)

Presidency models

Presidential model– characterized by the broad powers of the president (USA) when the president is not only the head of state, but also the head of the executive branch

Semi-presidential model– the president is not the head of government, but can influence its policies (France). The executive branch is mainly formed by parliament

Parliamentary model(Switzerland, Ireland) – the president has virtually no powers related to the exercise of executive power

There is no consensus on what model there is in Russia, but many are inclined to believe that it is closer to the semi-presidential one, but with reservations

Presidency of the Russian Federation

The position of President of the Russian Federation was established on April 24, 1991 (until May 16, 1992, the position was called President of the RSFSR)

Federal Law of January 10, 2003 No. 19-FZ “On the Election of the President of the Russian Federation”

The president acquires his powers through elections.

A) Elections are called by the Federation Council;

B) Candidates are nominated by political parties or by self-nomination;

C) The main activities for holding elections are carried out by the Central Election Commission of the Russian Federation;

D) Elections are held in a single federal district - the entire country (populations living outside Russia participate in the elections)

Who can become president of the Russian Federation?

Age limit – a person not younger than 35 years old

Citizen of the Russian Federation

The citizen must reside permanently in the Russian Federation for at least 10 years

Powers of the President of the Russian Federation

Powers to form government bodies and appoint officials

Establishes the system and structure of federal executive authorities

Appoints :

Represents :

Makes a decision on the resignation of the Government of the Russian Federation

• Chairman of the Government (with the consent of the State Duma of the Russian Federation);
• Deputy Prime Ministers;
• Federal ministers

A) the Federation Council candidacies for appointment:

• for the position of judges of the Constitutional Court of the Russian Federation;
• Prosecutor General of the Russian Federation;

B) the State Duma of candidates for the appointment of the Chairman of the Central Bank of the Russian Federation

Powers of the President to interact with the Federal Assembly

• calls elections to the State Duma;

• dissolves the State Duma in cases provided for by the Constitution of the Russian Federation;

• has the right of legislative initiative;

• signs and publishes federal laws;

• appoints authorized representatives in the State Duma and the Federation Council

Powers of the President to interact with executive authorities

• may chair meetings of the Government of the Russian Federation;

• before the newly elected President of the Russian Federation, the Government resigns its powers;

• may cancel acts of the Government of the Russian Federation;

• exercises direct leadership over a number of federal authorities (Ministry of Internal Affairs, Ministry of Emergency Situations, Ministry of Foreign Affairs, Ministry of Justice, etc.)

Powers of the President in the field foreign policy

• manages foreign policy;

• represents the Russian Federation in international relations, conducts negotiations, signs international treaties

Powers of the President in the field of security and defense

• forms and heads the Security Council of the Russian Federation;
• is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation;
• approves the military doctrine of the Russian Federation;
• - introduces a regime of martial law and a state of emergency

Other powers of the President of the Russian Federation

• resolving citizenship issues;
• awarding state awards and conferring honorary titles;
• granting political asylum;
• pardon, etc.

In order to ensure that the President of the Russian Federation exercises his powers, the institution of the plenipotentiary representative of the President of the Russian Federation in the federal district was established in 2000. Educated 8 federal districts(Central, Northwestern, North Caucasian, Southern, Volga, Ural, Siberian, Far Eastern)

Acts issued by the President of the Russian Federation

ORDERS

DECREES

Symbols of the President of the Russian Federation

Standard (flag) of the President

Badge of the President of the Russian Federation

A specially made copy of the Constitution of the Russian Federation

Presidents of the Russian Federation

YELTSIN Boris Nikolaevich - first president of the Russian Federation (1991 - 1999)

Vladimir Vladimirovich PUTIN – President of the Russian Federation:

2000 – 2008;

2012 - present.

Termination of powers of the President of the Russian Federation

The powers of the President of the Russian Federation are terminated in the event of:

• his resignation (voluntary resignation);
• persistent inability for health reasons to exercise his powers;
• removal from office.

In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation.

After the termination of the powers of the president, appropriate guarantees are established (Federal Law No. 12-FZ of February 12, 2001) “On guarantees for the President of the Russian Federation who has ceased to exercise his powers and members of his family”

Election history President Russian Federation

The March 2018 elections were the seventh presidential elections in modern Russia. Previously they were carried out in

1991, 1996, 2000, 2004, 2008, 2012.

The post of President of Russia, elected by popular vote, was established as a result of a popular referendum on March 17, 1991. The corresponding provisions were enshrined in the Constitution of the RSFSR, according to which the president was elected for a term of 5 years.

On March 17, 1991, the provisions were enshrined in the constitution of the RSFSR, according to which the president was elected for a term of 5 years.

In 1993, the new Constitution of the Russian Federation came into force, according to which the presidential term was reduced to 4 years. In 2008, the president's term of office was again increased to 6 years.

FIRST RUSSIAN PRESIDENTIAL ELECTION – 1991

In accordance with the 1991 Law “On the Election of the President of the RSFSR”, in order to win, a candidate needed to receive more than half of the votes.

On June 12, 1991, 6 candidates took part in the first presidential elections of the Russian Federation. As a result of general and direct elections, already in the first round the President of the country for 5 years

was Boris Yeltsin elected .

Boris Yeltsin (Chairman of the Supreme Soviet of the RSFSR) received 57.3% of the votes

In total, 74.66% of voters took part in the elections

THE ONLY TWO-ROUND ELECTION OF THE PRESIDENT OF RUSSIA – 1996

These elections were so far the only ones in modern history Russia, when it was necessary to hold a second round to determine the winner.

Two candidates advanced to the second round: current President Boris Yeltsin and Communist Party leader Gennady Zyuganov, who received the largest number of votes in the first round. As a result, he was president again Boris Nikolaevich Yeltsin elected

THIRD PRESIDENTIAL ELECTIONS IN RUSSIA – 2000

On December 31, 1999, Boris Yeltsin announced the early resignation of the President of the Russian Federation and appointed the Chairman of the Government of the Russian Federation as acting head of state.

Vladimir Putin.

Early presidential elections took place on March 26, 2000. 11 candidates took part in them.

Vladimir Putin was elected President of Russia , who participated in the elections as a self-nomination. The official inauguration took place on May 7.

In total, 109 million 372 thousand 46 people were included in the voter lists. 75 million 181 thousand 71 voters took part in the elections (68.74%)

FOURTH ELECTIONS OF THE PRESIDENT OF RUSSIA – 2004

On March 14, 2004, the next elections were held in accordance with the new version of the law “On the Elections of the President of the Russian Federation,” which came into force on January 16, 2003.

6 candidates competed for the highest post of the state.

Vladimir Putin , who took part in the elections as a self-nominated candidate, was elected president for a second term.

In total, 108 million 064 thousand 281 voters were included in the voter lists at the end of voting, 69 million 581 thousand 761 voters took part in the voting (64.39%)

FIFTH ELECTION PRESIDENT OF RUSSIA – 2008

On March 2, 2008, 4 candidates competed for the highest post. Russian President Vladimir Putin, according to the country's Constitution, had no right to run for this post

for the third time in a row.

The final turnout was 69.81%. According to the results of the vote, the president of the country was Dmitry Anatolyevich Medvedev elected , first deputy prime minister of the Russian government, nominated " United Russia"and received the support of the parties "A Just Russia", "Civil Power" and the Agrarian Party of Russia.

SEVENTH ELECTION PRESIDENT OF RUSSIA – 2018

The turnout in the Russian presidential elections was 67.54%.

The result of Vladimir Vladimirovich Putin was a record one, since in 2000 he received 52.94% of the votes, that is, he was supported by 39.74 million people; in 2004, the current owner of the Kremlin gained 71.31% - more than 49.563 million voters, and in the elections in 2012, Putin was supported by 45.602 million Russians (63.60%).

In 2018, the current head of state was elected to a new six-year term Vladimir Putin , winning the elections with 76.69% of the votes

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Constitutional and legal status of the President of the Russian Federation Sample title Emblem of the organization

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The President of the Russian Federation is the head of state and represents the Russian Federation both within the country and in international relations. In the previous Russian Constitution, the President was characterized as the highest official and head of the executive branch. Now he is the head of state. This formula is more accurate. The President of the Russian Federation, 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. Formally, in accordance with the Constitution of the Russian Federation, he is not obliged to coordinate his opinion with anyone on the political lines of development of the state. But in reality, the President cannot ignore the state of affairs in the country, public opinion, or the balance of power in parliament. Sample title Give brief overview presentations. Describe the main point presentation and justify its importance. Introduce each of the main topics. To provide your audience with a reference point, you can repeat this overview slide throughout your presentation, highlighting the topic that will be discussed next.

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Procedure for the election of the President of the Russian Federation Elections of the President of the Russian Federation are appointed by the Federation Council of the Russian Federation. According to Article 81 of the Constitution of the Russian Federation, “The President of the Russian Federation is elected for a term of 6 years by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.” Necessary conditions for a presidential candidate: Citizen of the Russian Federation, at least 35 years old. Permanently residing in the Russian Federation for at least 10 years. * The same person cannot hold the position of President for more than 2 consecutive terms. Candidates for the position of president may be nominated by: political parties (in this case political party has the right to nominate only one presidential candidate), by way of self-nomination (in this case, his candidacy must be supported by an initiative group of at least 500 voters registered with the Central Election Commission). In both cases, it is necessary to collect at least 2 million signatures in support of the candidate, and no more than 50 thousand signatures should fall on one subject of the Federation.

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Termination of powers of the President of the Russian Federation This is another option for overview slides that use transitions.

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Removal of the President of the Russian Federation from office 3 months Sample heading Organization emblem Use section headings for each topic to make the transition clear to the audience.

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Temporary execution of the powers of the President of the Russian Federation “in the event of the resignation of the President of the Russian Federation, the impossibility of further exercising his powers, as well as in the event of the death of the President of the Russian Federation, the powers of the President “In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation” . (Article 92 of the Constitution of the Russian Federation) is executed by the Chairman of the Council of Ministers - the Government of the Russian Federation" (Decree of the President of the Russian Federation of October 3, 1993 No. 1576 "On the dismissal of A.V. Rutsky from the post of Vice President of the Russian Federation") This gap is to some extent filled in Art. 8 FKZ No. 2 of December 17, 1997 “On the Government of the Russian Federation”: “in the event of the temporary absence of the Chairman of the Government of the Russian Federation, his duties are performed by one of the Deputy Chairman of the Government of the Russian Federation.” The Constitution does not directly indicate who should exercise the powers of the President in the event that the Chairman of the Government is not appointed or is unable to perform his duties. Accordingly, if we assume that the performance of the duties of the President in emergency cases is one of the immediate job responsibilities The Chairman of the Government, and his deputies are authorized to perform all his duties in the event of his absence, then the duties of the President should be temporarily assigned to one of the Deputy Chairman of the Government in the order of replacement established by the order of the Chairman of the Government.

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Slide captions:

Lesson topic: PRESIDENTS OF RUSSIA President (from Latin praesidens) - sitting in front, at the head The position of the President of the Russian Federation was established on April 24, 1991 on the basis of the will of the people, expressed in a referendum on March 17, 1991. The president became the highest official and head of the executive branch of one of the union republics of the USSR - the RSFSR.

1991 1997 2011 1996 1998

The first president of Russia was elected in 1991 for a term of 5 years. In the 1993 Constitution of the Russian Federation, the term of office of the president was reduced to 4 years. In accordance with amendments to the constitution that came into force on December 31, 2008, starting with the 2012 elections, the President of the Russian Federation is elected for a six-year term of office

The legal status of the President of Russia is enshrined in the fourth chapter of the Constitution of the Russian Federation. Constitution (Latin: constitutio) - establishment

Symbols of presidential power The standard (flag) of the President of Russia is a square panel of three equal horizontal stripes: the top is white, the middle is blue and the bottom is red (colors State flag Russia). In the center is a golden image of the State Emblem of Russia. The panel is edged with gold fringe. On the shaft of the Standard there is a silver bracket with the engraved last name, first name and patronymic of the President of Russia and the dates of his tenure in this post. After the President of Russia takes the oath of office, the Standard of the President of Russia is installed in his office, and a duplicate of the Standard is raised above the President’s residence in the Moscow Kremlin.

The symbol of presidential power - the Badge of the President of Russia consists of a sign and a chain of the sign. The gold sign is an equal-ended cross with flared ends, covered with ruby ​​enamel on the front side. The distance between the ends of the cross is 60 mm. Along the edges of the cross there is a narrow convex welt. On the reverse side of the cross in the middle there is a round medallion, around the circumference of which is the motto: “Benefit, honor and glory.” On the reverse side of the chain links of the sign there are plates covered with white enamel, on which the last name, first name, patronymic of each President of Russia and the year of his assumption of office are engraved in gold letters.

Decree of the President of the Russian Federation of August 5, 1996 No. 1138 established that a specially produced single copy of the official text of the Constitution of Russia is the official symbol of presidential power. When the newly elected President of Russia takes office, the President of Russia takes the oath on a special copy of the text of the Constitution.

Upon taking office, the President of the Russian Federation takes the following oath to the people: “When exercising the powers of the President of the Russian Federation, I swear to respect and protect the rights and freedoms of man and citizen, to observe and defend the Constitution of the Russian Federation, to protect the sovereignty and independence, security and integrity of the state, to faithfully serve the people " The Standard of the President of Russia, together with the Badge of the President of Russia and a special copy of the text of the Constitution, is handed over to the newly elected President of Russia during the procedure for taking office as the President of Russia.

No. President Presidential term Duration of government 1 Boris Nikolaevich Yeltsin July 10, 1991 November 5, 1996 3096 days Viktor Stepanovich Chernomyrdin (acting President) November 5, 1996 November 6, 1996 1 day 1 Boris Nikolaevich Yeltsin November 6, 1996 December 31, 1999 3096 days - Vladimir Vladimir HIV Putin (acting President) December 31, 1999 May 7, 2000 128 days 2 Vladimir Vladimirovich Putin May 7, 2000 May 7, 2004 2922 days May 7, 2004 May 7, 2008 3 Dmitry Anatolyevich Medvedev May 7, 2008 Current President (term expires May 7, 2012)

President Date of birth Education Age at which he became president Boris Nikolaevich Yeltsin 02/01/1931 – 04/23/2007 Higher Ural Polytechnic Institute named after. CM. Kirova Faculty of Civil Engineering 59 years 4 months Vladimir Vladimirovich Putin 10/07/1952 Higher Leningrad state university Faculty of Law Dmitry Anatolyevich Medvedev 09.14.1965 Higher Leningrad State University Faculty of Law

President Activities 1. Yeltsin B.N. A. Tax reform in Russia (2000) B. Decree approving the Concept demographic policy RF (2007) V. Federal Law “On the Police” (2011) 2. Putin V.V. G. Liberalization (release) of prices, freedom of trade (1992) D. Decrees “On recognition of the Republic of Abkhazia” and “On recognition of the Republic of South Ossetia” E. Decree on holding the Year of the Teacher in Russia (2009) 3. Medvedev D.A. G. December 12, 1993 - referendum on the new constitution Z. Decree “On guarantees to the President of the Russian Federation, who has ceased to exercise his powers, and members of his family” I. Privatization (transfer of state property into private hands) (1992)

Nations are the BASIS of Russia's prosperity!

President of the Russian
Federation
(4 hours)
900igr.net
1

Topic questions

The nature of the presidential institution in the system
state power.
Evolution of the status of the president (USSR–RSFSR–RF).
Position replacement and early termination
powers of the President of the Russian Federation.
The main functions of the head of state.
Constitutional and other powers of the President
RF. Institute of “hidden powers”.
The President of Russia and the separation of powers.
Acts of the President of the Russian Federation. Place and
the role of decrees of the President of the Russian Federation in the legal system.
Legal and political status of the Administration
President of the Russian Federation.
2

The meaning of the figure of the head of state

Preservation of tradition (deep
need for a “father”) – 70% of countries have
head of state of presidents
Personification (symbol)
statehood and unity of the nation
Completeness of state
designs
Protection of the foundations of the state
3

Compare:
"State power in the Russian
Federation is carried out on the basis
division into legislative
executive and judicial” (Article 10)
"State power in the Russian
Federations are carried out by the President
Russian Federation, Federal
Assembly (Federation Council and
State Duma), Government
Russian Federation, courts of the Russian
Federation" (Article 11)
4

The place of the President of the Russian Federation in the system of state power

Resolution of the Constitutional Court of the Russian Federation of December 11
1998 No. 28-P “In the case of interpretation of the provisions of part
4 Article 111 of the Constitution of the Russian Federation":
“The President of the Russian Federation, according to
Constitution of the Russian Federation, is the head
state (Article 80, part 1). Due to its place in
system of separation of powers President of the Russian
Federation as head of state determines in
in accordance with the Constitution of the Russian Federation and
federal laws main directions
domestic and foreign policy of the state (Article 80,
part 3), the implementation of which is entrusted to
Government of the Russian Federation (Article 114, part
1)"
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The place of the President of the Russian Federation in the system of state power

So:
on the one hand, the head of state
located inside the separation system
authorities, on the other hand, rises above
all branches of government.
CONTRADICTION,
characteristic of the presidential and, especially,
semi-presidential model!
6

The place of the President of the Russian Federation in the system of state power

The contradiction can only be smoothed out
thanks to carefully calibrated
system of checks and balances.
7

Competence (functions and powers) of the President of the Russian Federation

Competence (functions and powers)
President of the Russian Federation
The main tasks of the President (Article 80 of the Constitution of the Russian Federation):
1)
guaranteeing (ensuring) the Constitution of the Russian Federation, human rights and freedoms and
citizen – the duty to prevent massive and/or gross non-compliance
The Constitution, primarily in the field of individual rights;
2)
taking measures to protect the sovereignty of Russia and its independence,
state integrity of the Russian Federation - ensuring security
Russia from both external threats and attacks on the integrity of the Russian Federation
from the inside;
3)
ensuring coordinated functioning and interaction of bodies
state power - the implementation of higher political arbitration with the aim of
preventing conflicts between different public government institutions in
avoiding constitutional crises and deadlocks, as well as taking measures to resolve
them;
4) representation of the Russian Federation within the country - personification
federal government power, primarily in relations with
heads of government bodies of the constituent entities of the Russian Federation;
5) representation of Russia in international relations - speaking on behalf of
countries during state visits, at international negotiations, in international
organizations, etc.;
6) determination of the main directions of domestic and foreign policy
state – outlining the prospects for the country’s development, guiding current policies
and its correction.
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The ontological contradiction inherent in the institution of the head of state is intensified in our design

The President of Russia undertakes
play two roles:
1)
guardian of statehood
2)
active political actor
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Guaranteeing (ensuring) the Constitution of the Russian Federation, rights and freedoms
person and citizen:
submission to the Federation Council of candidates for appointment to
positions of judges of the Constitutional Court of the Russian Federation, Supreme Court RF, Higher
Arbitration Court of the Russian Federation;
appointment of judges of other federal courts;
presentation to the Federation Council of the candidacy of the Prosecutor General of the Russian Federation
and submitting to the Federation Council a proposal for exemption from
positions of the Prosecutor General of the Russian Federation;
signing and promulgation of federal laws;
the right to suspend the actions of executive authorities
subjects of the Russian Federation in case of conflict between these acts of the Constitution of the Russian Federation and
federal laws, international obligations of Russia until the decision
this issue by the relevant court;
the right to introduce on the territory of the Russian Federation or in certain areas of it
state of emergency (under certain circumstances);
the right to cancel decisions and orders of the Government of the Russian Federation in the event
their contradictions with the Constitution of the Russian Federation, federal laws and decrees
President of the Russian Federation
10

Powers granted to the President of the Russian Federation to carry out his tasks

Taking measures to protect the sovereignty of Russia and its
independence, state integrity
Russian Federation:
Supreme High Command of the Armed Forces of the Russian Federation;
management of foreign policy;
formation of the Security Council of the Russian Federation and its leadership;
appointment and dismissal of high command
Armed Forces of the Russian Federation;
assignment of the highest military and highest special ranks;
appointment and withdrawal after consultation with relevant
committees or commissions of the chambers of the Federal Assembly
diplomatic representatives of Russia in foreign countries
states and international organizations;
in case of aggression against Russia or immediate threat
aggression introduction on the territory of the Russian Federation or in
in some of its localities martial law with
immediate notification of this to the Federation Council and
State Duma
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Powers granted to the President of the Russian Federation to carry out his tasks

Ensuring consistent functioning and
interaction between public authorities:
use of conciliation procedures to resolve
disagreements between government bodies of the Russian Federation and
government bodies of the constituent entities of the Russian Federation, as well as between
government bodies of the constituent entities of the Russian Federation with the right to transfer
resolution of the dispute before the relevant court in
in case of failure to reach an agreed solution;
appointment and dismissal of authorized representatives
President of the Russian Federation;
calling elections of the State Duma;
dissolution of the State Duma in cases and manner,
provided for by the Constitution of the Russian Federation;
calling a referendum;
introducing bills to the State Duma;
giving instructions to the Government of the Russian Federation in the event of its resignation or
resigning powers to act until a new one is formed
Governments
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Powers granted to the President of the Russian Federation to carry out his tasks

Representative office of the Russian
Federations within the country:
resolving issues of Russian citizenship
Federations;
resolving issues regarding provision
political asylum;
state awards
Russia, conferring honorary titles
Russian Federation;
granting pardon
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Powers granted to the President of the Russian Federation to carry out his tasks

Representation of Russia in
international relations:
negotiations and signing
international treaties of Russia;
signing of instruments of ratification;
acceptance of credentials and testimonials
diplomas accredited to the President
Russian Federation diplomatic representatives
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Powers granted to the President of the Russian Federation to carry out his tasks

Determination of the main directions of domestic and foreign policy
states:
appeal to Federal Assembly with annual messages on the situation in the country,
about the main directions of the state’s domestic and foreign policy;
appointment, with the consent of the State Duma, of the Chairman of the Government of the Russian Federation;
break
the right to chair meetings of the Government of the Russian Federation;
making a decision on the resignation of the Government of the Russian Federation;
presentation to the State Duma of a candidate for appointment to a position
Chairman of the Central Bank of the Russian Federation and setting before State Duma question
on the dismissal of the Chairman of the Central Bank;
appointment and dismissal of Deputy Chairmen
The Government of the Russian Federation, federal ministers (at the proposal of the Chairman
Government of the Russian Federation);
acceptance or rejection of the Russian Government's resignation letter;

in case of repeated (within three months) expressions of no confidence in the Government by the Duma
RF;
resolving the issue of resignation of the Government or dissolution of the State Duma in
in the event of her refusal to trust the Government, the question of which was raised by herself
Government of the Russian Federation
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The doctrine of "implied (hidden)
powers"
Theoretical justification for the fact that
authority has the right to carry out certain
other governmental actions that are not
provided for him, but
potentially exist, i.e. organ
does not appropriate state power
himself new powers, but clarifies
its competence ad hoc (to this
case)
Mainly and most often this doctrine is applied to
Presidential Institute
16

Doctrine of "implied (hidden) powers"

In our practice, for the first time, I relied on this doctrine
Constitutional Court in the Resolution of July 31
1995:
"For cases when this (installed
Constitution. – M.K.) the order is not detailed, but
also in relation to powers not listed in
Articles 83-89 of the Constitution of the Russian Federation, their
the general framework is determined by the principle of separation
authorities (Article 10 of the Constitution) and the requirement
Article 90 (Part 3) of the Constitution, according to which
decrees and orders of the President of the Russian Federation
Federations must not contradict the Constitution and
laws of the Russian Federation."
17

Doctrine of "implied (hidden) powers"

Implementation is possible both in decrees and
in laws.
18

FKZ “On the Government of the Russian Federation” dated December 17, 1997
manages the activities of federal bodies
executive power in charge of defense issues,
security, internal affairs, justice, foreign affairs,
emergency prevention and mitigation
natural disasters, approves on the proposal of the Chairman
The Government of the Russian Federation regulates them and appoints leaders and
deputy heads of these bodies, and also carries out other
powers as Supreme Commander of the Armed Forces
Forces and Chairman of the Security Council of the Russian Federation
distributes functions between the specified federal
executive authorities. In case of change in
the established order of the system and structure of federal bodies
executive power before the adoption of federal laws on introducing
relevant changes to federal laws may
redistribute established by federal laws
functions of federal executive authorities,
whose activities are managed
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Powers of the President of the Russian Federation in federal laws

Federal Law “On the Accounts Chamber of the Russian Federation” dated January 11, 1995
G.
(as revised in 2004): “Chairman Accounts Chamber assigned to
position by the State Duma by nomination

The Deputy Chairman of the Accounts Chamber is appointed to
position by the Federation Council upon nomination
President of the Russian Federation for a period of six years.
(as amended in 2006): “According to the proposal of the President
Russian Federation Federation Council and State
The Duma appoints six auditors of the Accounts Chamber for a term of
six years.
20

Powers of the President of the Russian Federation in federal laws

Federal Law "On general principles organizations
legislative (representative) and
executive bodies of state power
subjects of the Russian Federation" dated October 6, 1999
No. 184-FZ
Submission to the legislative body of a constituent entity of the Russian Federation
candidacies for vesting the powers of the head
subject of the Russian Federation;
Dismissal from the post of head of a constituent entity of the Russian Federation;
Dissolution of the legislative body of a constituent entity of the Russian Federation
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Powers of the President of the Russian Federation in federal laws

Law of the Russian Federation “On the status of judges in the Russian Federation” dated
June 26, 1992 No. 3132-1
(ed. 2001 and 2009)

chairmen and vice-chairmen
Constitutional, Supreme and Supreme Arbitration Court
RF (if there is a positive conclusion from the Higher Qualification Committee of the Russian Federation) – by 6
years;
Submission of candidates for appointment to the Federation Council
deputy chairmen of the Constitutional, Supreme and
Supreme Arbitration Court of the Russian Federation (if there is a positive
conclusion of the Higher Qualification Committee of the Russian Federation and based on the submission
chairman of the relevant court) – for 6 years;
Appointment of chairmen and vice-chairmen
all other federal courts (upon submission
chairmen of the Supreme or Higher Arbitration Courts) –
for 6 years
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Powers of the President of the Russian Federation in federal laws

Federal Law "On the system civil service Russian
Federation" dated May 27, 2003 and the Federal Law "On
Russian State Civil Service
Federation" dated July 27, 2004.
Heads the civil service
Issues 28 by-laws,
activities of civil servants
Assigns the highest class ranks
regulating
(in addition to the constitutional powers to award
state awards of the Russian Federation, assignment
honorary titles of the Russian Federation, highest military and highest
special ranks – art. 89)
23

Three legal restrictions on the President’s expansion of power

1. Compliance with the powers of the head of state
its constitutionally established functions
and general powers.
2. Competence of other government bodies
authorities, primarily parliament,
Governments (and federal agencies
executive power), judicial authorities, as well as
prosecutor's office.
3. Competence of the subjects of the Federation and local
communities.
24

WHY ARE THESE RESTRICTIONS NOT
DO they WORK?
***
Because the President of the Russian Federation
institutionally dominant!
25

The main reason for the dominant position of the President of the Russian Federation in the political system:

absence or formal
nature of checks and balances
power prerogatives of the President
from Parliament and
Governments
26

Factors determining the dominant position of the President of the Russian Federation in the political system

The formal nature of the Duma’s consent to the appointment of the Chairman
Governments
The President's choice of options when expressing no confidence
To the Government of the State Duma
Resignation by the Government of its powers to the newly elected
The President, and not before the State Duma
Approval (in practice – definition) of the structure of the federal executive authority
Appointment and dismissal of members
Governments
The right to dismiss the Government without objective grounds
The government is obliged to issue its decrees and orders
on the basis and in pursuance of the Constitution of the Russian Federation, federal laws,
regulatory decrees of the President of the Russian Federation
Acts of the Government can be canceled by the President not only in
in case of their contradiction to the Constitution and laws, but also to decrees
President
The right of the President to preside at meetings of the Government
27

Additional factors determining the dominant position of the President of the Russian Federation in the political system

The President is the “patron” of the state
services
"Administration Factor"
"FSO Factor"
28

Consequences of the dominance of the President of the Russian Federation

parliamentary elections are becoming
meaningless
political competition disappears
the party system is decomposing
bureaucracy becomes uncontrollable
corruption and other abuses are on the rise
determination of national interests and
priorities become too much
subjective
civil apathy is growing
29

Exit?

The contradiction can be resolved and
negative manifestations
institutional dominance
neutralized only upon acceptance
models of the head of state as
guardian (guarantor) of the constitutional
statehood and higher
political arbiter
30

EVOLUTION OF THE STATUS OF THE PRESIDENT (USSR-RSFSR-RF)

EVOLUTION OF THE STATUS OF THE PRESIDENT (USSRSFSR-RF)
Presidium of the Supreme Council -
"collective president"
March 1990 – M.S. Gorbachev – President
USSR (elected at the Congress of the USSR N.D. + Vice-President Yanaev)
June 1991 – B.N. Yeltsin – President
RSFSR (popularly elected + vice-president Rutskoi)
December 1993 – B.N. Yeltsin – President
Russia ( new status without re-election)
31

Filling the post of President of the Russian Federation

1.
2.
3.
Citizen of the Russian Federation (without a second citizenship)
Age - not younger than 35 years
Permanent residence in the Russian Federation for at least 10 years
Cannot be elected and/or registered as a candidate
Presidents of the Russian Federation face:
1) recognized by the court as incompetent or held in places
imprisonment by court verdict;
2) occupying on the day of official publication of the decision on
appointment of elections of the President of the Russian Federation position of the President of the Russian Federation
second consecutive term;
3) in respect of whom a court verdict to deprive him has entered into force
right to hold public office for
a certain period, if voting in the elections of the President of the Russian Federation
will take place before the expiration of the deadline set by the court
4) having citizenship foreign country or a view of
residence or other document confirming the right to
permanent residence of a citizen of the Russian Federation in the territory of a foreign
states;
32

Filling the position of the President of the Russian Federation (continued)

Cannot be elected and/or registered as a candidate
Presidents of the Russian Federation face:
5)
6)
7)
8)
sentenced to imprisonment for committing a serious and (or) especially
serious crime and having an outstanding and
an outstanding conviction for the specified crime;
convicted of committing an extremist crime, and
having an unexpunged and unexpunged conviction for
specified crime;
subjected to administrative punishment for committing
administrative offenses provided for articles of the Code of Administrative Offenses – 20.3
(Nazi paraphernalia) and 20.29 (spread of extremist
materials) if voting in the Presidential elections takes place before
the end of the period during which a person is considered subjected to
administrative punishment;
in respect of which a violation has been established by a court decision
restrictions on campaigning (extremist statements) if the specified
violations or actions were committed within a period not exceeding four
years before voting day.
33

Nomination of candidates for President of the Russian Federation (Federal Law on the elections of the President of the Russian Federation 2003)

Pull out:
Political parties – you cannot be a member of another party
By way of self-nomination - subject to his support
self-nomination by a group of voters of at least 500 citizens of the Russian Federation
Before 2005 – by electoral blocs
Collecting signatures
For self-nomination - at least two million signatures
voters
A political party in support of its candidate - no less
two million voter signatures. At the same time, for one
subject of the Russian Federation should have no more than 50 thousand signatures
There are favorites: a political party that has carried out its
deputies to the State Duma, does not collect signatures.
34

Taking office

The moment when execution stops
powers of the previous President of the Russian Federation
Solemn atmosphere
Presence of members of the Federation Council, deputies of the State Duma and
judges of the Constitutional Court of the Russian Federation
Taking the oath
35

The immunity of the President of the Russian Federation is
"legal means that provide
free and responsible exercise
President of the Russian Federation
constitutional
powers and continuity
functioning of the head institution
states"
(Resolution of the Constitutional Court of the Russian Federation dated July 11, 2000 No. 12-P)
36

Immunity of the President of the Russian Federation

Federal Law “On Guarantees to the President of the Russian Federation,
who has ceased to exercise his powers, and his members
families" dated February 12, 2001.
inadmissibility of criminal or administrative charges
responsibility (for acts committed by him during the period
execution of powers of the President of the Russian Federation);
inadmissibility of detention, arrest, search, interrogation or
personal search, if these actions are carried out in
during the proceedings in cases related to his execution
powers of the President of the Russian Federation;
inviolability of residential and office premises former
President of the Russian Federation, vehicles used, means
communications, documents and luggage belonging to him, correspondence.
37

Early termination of powers of the President of the Russian Federation

Early termination
powers of the President of the Russian Federation
1.
2.
Resignation is only voluntary
Persistent disability due to condition
health exercise
powers vested in him – no
grounds and procedures
3.
Removal from office
4.
Renunciation of Russian citizenship
Death
5.
38

Removal from office (“impeachment”)

Not a form of political responsibility
Initiative of at least 1/3 of the State Duma deputies
Formation of a special commission of the State Duma (15 people), giving an opinion on
compliance with procedural rules and factual validity
charges (+State Duma Regulations)
Adoption of a resolution of the State Duma (at least 2/3 votes) on nomination
charges of high treason or other serious
(especially serious) crime
The resolution is sent to the Federation Council, the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation
The Federation Council convenes a meeting and decides to send the request to
Constitutional Court of the Russian Federation on issuing an opinion on compliance with the established procedure
bringing charges against the President of the Russian Federation
72 hours after receiving the conclusion, the Constitutional Court of the Russian Federation convenes
Federation Council meeting. The chairmen of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation will speak at it.
conclusions of these courts, and the conclusion of the Committee is also heard
Federation Council on Constitutional Legislation
If the conclusions of the higher courts are positive, the Federation Council proceeds
voting
The President of the Russian Federation is considered removed from office if for this
at least 2/3 of the members of the Federation Council will vote
39

Acts of the President of the Russian Federation

Decrees
Orders
+
Orders of the Commander-in-Chief
Orders
Letters
Appeals, etc.
40

Administration of the President of the Russian Federation

Legal status - government agency
Legal basis:
Constitution of the Russian Federation
Regulations on the Administration
President of the Russian Federation
41

Latin of the day

De lege ferenda
–
desirable law