2. The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities.
3. 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.
4. The President of the Russian Federation, as head of state, represents the Russian Federation within the country and in international relations.
1. The President of the Russian Federation is elected for a term of six years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.
2. A citizen of the Russian Federation not younger than 35 years of age who has permanently resided in the Russian Federation for at least 10 years may be elected President of the Russian Federation.
3. The same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.
4. The procedure for electing the President of the Russian Federation is determined by federal law.
1. Upon taking office, the President of the Russian Federation takes the following oath to the people:
"I swear, when exercising the powers of the President of the Russian Federation, to respect and protect the rights and freedoms of man and citizen, to observe and protect the Constitution of the Russian Federation, to protect the sovereignty and independence, security and integrity of the state, to faithfully serve the people."
2. The oath is taken in a solemn ceremony in the presence of members of the Federation Council, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation.
a) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;
b) has the right to chair meetings of the Government of the Russian Federation;
c) decide on the resignation of the Government of the Russian Federation;
d) submit to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; puts before the State Duma the issue of dismissal of the Chairman of the Central Bank of the Russian Federation;
e) on the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses the Deputy Chairman of the Government of the Russian Federation, federal ministers;
f) submit to the Federation Council candidates for appointment as judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints judges of other federal courts;
f.1) submit to the Federation Council candidates for appointment to the position of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation; submit proposals to the Federation Council on the dismissal of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation; appoints and dismisses prosecutors of constituent entities of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, regions and prosecutors equivalent to them;
g) forms and heads the Security Council of the Russian Federation, the status of which is determined by federal law;
h) approve the military doctrine of the Russian Federation;
i) forms the Administration of the President of the Russian Federation;
j) appoint and dismiss authorized representatives of the President of the Russian Federation;
k) appoint and dismiss the high command of the Armed Forces of the Russian Federation;
l) appoints and recalls, after consultations with the relevant committees or commissions of the chambers of the Federal Assembly, the diplomatic representatives of the Russian Federation in foreign states and international organizations.
President of Russian Federation:
a) calls elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;
b) dissolve the State Duma in the cases and in the manner prescribed by the Constitution of the Russian Federation;
c) calls a referendum in accordance with the procedure established by the federal constitutional law;
d) submit bills to the State Duma;
e) signs and promulgates federal laws;
f) addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state.
1. 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 dispute to the appropriate court.
2. The President of the Russian Federation has the right to suspend acts of the executive authorities of the 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 the rights and freedoms of man and citizen until this issue is resolved by the appropriate court.
President of Russian Federation:
a) directs the foreign policy of the Russian Federation;
b) negotiates and signs international treaties of the Russian Federation;
c) signs the instruments of ratification;
d) accept letters of credence and recall from diplomatic representatives accredited to him.
1. The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.
2. In the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation shall introduce martial law on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federation Council and the State Duma.
3. The regime of martial law is determined by the federal constitutional law.
The President of the Russian Federation, under the circumstances and in the manner prescribed by the federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in its individual localities with an immediate notification of this to the Federation Council and the State Duma.
President of Russian Federation:
a) resolves issues of citizenship of the Russian Federation and granting political asylum;
b) bestow state awards of the Russian Federation, confer honorary titles of the Russian Federation, higher military and higher special ranks;
c) grants pardon.
1. The President of the Russian Federation issues decrees and orders.
2. Decrees and orders of the President of the Russian Federation are binding on the entire territory of the Russian Federation.
3. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.
The President of the Russian Federation enjoys immunity.
1. The President of the Russian Federation begins to exercise his powers from the moment he takes the oath and terminates their exercise with the expiration of his tenure in office from the moment the newly elected President of the Russian Federation takes the oath.
2. The President of the Russian Federation terminates the exercise of his powers ahead of schedule in the event of his resignation, persistent inability for health reasons to exercise his powers, or removal from office. At the same time, the election of the President of the Russian Federation must be held no later than three months from the date of early termination of the exercise of powers.
3. In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation does not have the right to dissolve the State Duma, call a referendum, or make proposals for amendments and revision of the provisions of the Constitution of the Russian Federation.
1. The President of the Russian Federation may be removed from office by the Federation Council only on the basis of an accusation brought by the State Duma of treason or committing another grave crime, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.
2. The decision of the State Duma to bring charges and the decision of the Federation Council to remove the President from office must be adopted by two-thirds of the votes of the total number in each of the chambers on the initiative of at least one-third of the deputies of the State Duma and subject to the conclusion of a special commission formed by the State Duma.
3. The decision of the Federation Council to remove the President of the Russian Federation from office must be taken no later than three months after the State Duma charges against the President. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered dismissed.
Chosen by the people. Actually, by what procedures do Russians choose their President? What are the requirements for candidates for the highest public office?
Russian Presidential Elections: Key Aspects
The Constitution of the Russian Federation defines the main mechanism by which the elections of the President of the Russian Federation are held - this is a universal direct vote of citizens. Interestingly, the main law of the state does not say anything about the alternative (the presence of several candidates for the position of head of state) of elections, but in a number of other legal acts this aspect is disclosed in sufficient detail.
A person can apply for the Russian Federation if he is already 35 years old. This is one of the key criteria for candidates. Another important requirement is residence in Russia for at least 10 years by the time of the elections. At the same time, as some lawyers note, there is no direct indication in the laws of the Russian Federation that only a person who was born in Russia can be a candidate for the post of president of the Russian Federation.
How are applicants nominated? A person can become a candidate if he is nominated by a group of other citizens or by an electoral association. Self-promotion is also possible. Let us consider the aspect concerning the requirements for applicants for the highest public office in the Russian Federation in more detail.
Nomination of candidates: nuances
What are the criteria for the participation of candidates in the presidential elections? The procedure for electing the President of the Russian Federation includes the following rules regarding this aspect. Candidates for the post of head of the Russian state, as we noted above, can participate in elections both in the order of self-nomination and through the mediation of public associations - parties most often act as such.
In the first case, a citizen striving to get the power of the President of the Russian Federation into his own hands, although he is nominated himself, nevertheless must acquire the support of at least 500 of his compatriots. At the same time, the candidate for the post of head of state is obliged to register his "support group" with the CEC in the appropriate manner. In the second case - when a candidate is nominated by a party - this public association must be officially registered in state registers. Its validity period is at least a year before the presidential elections. Interestingly, provided that the candidate is nominated by the party, he himself does not have to be a member of it. A public association represented in Parliament can support only one candidate for election as head of state.
In both scenarios - self-nomination or support by the party - a candidate for the post of President is required to provide the CEC with at least 1 million signatures of citizens. They are expected to approve the respective candidate. At the same time, the maximum number of signatures in each of the subjects of the federation should not exceed 70,000. A candidate can bypass this requirement if he enlists the support of a party that has active mandates in the State Duma.
Preparation and conduct of elections
Elections of the head of the Russian state are appointed by the upper house of the Federal Assembly. This authority must make an appropriate decision no later than 3 months before the expected day of the election of the President. If it so happens that 35 days before the appointed day of election there are no 2 candidates in the electoral list, then the elections will be postponed for another 60 days.
As a rule, already a few months before the expected date of voting for the head of state in Russia, the election campaign begins. Candidates seeking to win the trust of citizens engage in political advertising, arrange debates, and engage in activities that can create a positive image in the eyes of voters.
RF are held on the first Sunday of the month in which the citizens of our country went to the polls the previous time. The law provides for the option that the Federation Council, for whatever reason, does not appoint them within the required time frame. In this case, the procedure for electing the President of the Russian Federation is such that the initiative passes into the hands of the CEC. This body appoints and also conducts elections in such a scenario on the second Sunday of the same month, in which the Federation Council should normally have appointed the corresponding event.
Elections
If a candidate for the post of head of state receives more than 50% of the votes, then he immediately becomes elected President. If there is a simple majority, a second round is called. Upon its holding, the President becomes a person who has received at least 1 vote more than his opponent.
Terms of office
The term for electing the President of the Russian Federation, established by law, is 6 years. At the same time, his powers cease to be exercised as soon as a new head of state takes office. The law provides for scenarios in which the President can leave office. In this case, the Federation Council is obliged to call early elections of the head of state. The term, in which the senators must comply, is 14 days from the moment when the President terminates his powers. Election day in this case is the last Sunday before the day when the 90-day period expires from the moment the head of state leaves office.
When elections failed
The procedure for electing the President of the Russian Federation allows for the case of recognizing the election of the head of state as invalid. When it's possible? The first scenario: the second round passed, but the candidate was the only person, and he was chosen by less than 50% of the citizens. Elections may also be declared invalid if none of the candidates received more than half of the votes in the first round. Another option is that by the time of the elections, all candidates have left the presidential race. Also, the electoral procedure under consideration will be declared invalid if the turnout was less than 50% of registered voters. Consider the features of the organization of the second round itself.
Second round of elections
The procedure for electing the President of the Russian Federation provides that the second round of presidential elections is held 21 days after the first. At the same time, if one of the candidates who passed to the next stage decides to stop participating in the elections, then his place is taken by the person who showed the third result in the first round. At the same time, a scenario is possible when the citizens of the Russian Federation will elect the President at the second stage with the participation of one candidate. True, at the same time, according to the results of the second round, he must gain at least 50% of the votes of citizens. It should be noted that within the framework of this stage of the electoral event under consideration, there are no requirements for turnout.
When elections are invalid
The procedure for electing the President of the Russian Federation includes scenarios where elections are declared invalid. This is possible, for example, if the results of the conducted voting do not look reliable enough due to violations. Another option is if in a significant number of precincts (forming one quarter or more of the total number of voters) the election results are declared invalid for one reason or another. Another scenario - the elections will be annulled by the court.
If the elections of the head of state are qualified as failed or invalid, and also if in the second round both candidates stopped participating in the competition for the position of President, then the upper house of the Parliament of the Russian Federation conducts the procedure for re-election of the head of state. This must happen within the next four months from the date on which the decision was made to invalidate the previous elections.
How many times can you become President?
As we noted above, the term for electing the President of the Russian Federation is 6 years. At the same time, the same person cannot hold office for more than two corresponding periods in a row. At the same time, the power of the President of the Russian Federation may again return to the hands of a citizen after his successor has worked for the prescribed period in this position.
Inauguration of the President
30 days after the elections of the head of the Russian state are held and the winner is determined, the procedure for the election of the elected President of the Russian Federation to take office is carried out. This event is usually broadcast live on state and other TV and radio channels. Representatives of authorities, parties, public organizations of Russia and other countries may be present in the solemn hall where the President takes office.
During the event, which is attended by senators, deputies of the State Duma, as well as judges of the Constitutional Court of the Russian Federation, the new head of state takes the oath. After that, he may exercise his official powers until a successor takes his place, or until the people re-elect him, if there is an appropriate legislative opportunity.
Theses on the oath
The oath is not taken by a person who holds the position of acting head of state if the previous one has ceased his powers. At the same time, the re-elected President of the Russian Federation brings it - just as he did the previous time. The oath is taken by the head of the Constitutional Court of the Russian Federation.
The procedure in question is provided for in many other countries of the world. At the same time, in a number of states, as some lawyers note, the President takes office only after he takes the oath. Similar wordings, in particular, are present in the Constitutions of the Czech Republic and Slovakia. Many experts believe that a similar rule exists in Russia, based on some wording in the basic law of our country. Thus, lawyers believe that the elected President of the Russian Federation cannot officially, through legally correct procedures, take office without taking the oath. Although there is no direct indication of such a nature of the consequences in the laws of the Russian Federation.
Rights and obligations of the head of state
What are the basic rights of the President of the Russian Federation upon taking office? Lawyers include the following:
Appointment of the Prime Minister (or Prime Minister);
Management of Government meetings;
Appointment of a general civil referendum;
Resignation of the Government.
Along with rights, the head of the Russian state also has duties. Among the key ones are the conduct of the country's foreign policy, the introduction of bills to Parliament, the signing of legal acts that have passed the adoption procedure, the publication of their own sources - decrees, orders. Note that some lawyers do not distinguish between the rights of the President of the Russian Federation and his duties, believing that it is rather difficult to determine the necessary criteria in this case. For example, the same edition of decrees, according to experts, can be attributed to rights.
Election financing
What is the procedure for electing the President of the Russian Federation in financial terms? The main part of the activities related to the preparation and practical conduct of the election of the head of the Russian state is paid for by the federal budget of the Russian Federation. At the same time, each of the candidates is obliged to create their own funds for additional financing of electoral events.
Candidates for the post of President must spend money within the framework of the relevant institutions, observing the reporting regulated by the laws of the country.
Counting of votes and publication of results
Studying the procedure for electing the President of the Russian Federation, we will briefly consider such an aspect as the counting of votes, as well as the publication of the results of the electoral event. After the polling stations are closed - at 20:00 local time, the summing up of the election results begins, respectively. Territorial commissions study ballots, sum up statistics, draw up protocols and send data to the CEC. The results are then summarized in a common document. A significant amount of tasks in this direction is solved using a high-tech resource - the state automated system for counting votes of voters and statistical analysis of the relevant data.
The official publication of the results of the electoral event under study, as well as the figures for the votes cast for each candidate, must be carried out within 3 days after the final protocol of the CEC is drawn up. The data for each of the territorial polling stations must be published in the official publications of the CEC within 10 days. As a rule, even before the election results are made public, sociologists report the results of an exit-poll - a survey of voters at the exit from the territorial precincts, allowing citizens to get a rough idea of the voting results.
First tasks after the elections
Having studied how the President of the Russian Federation takes office, the procedure for election, the powers of a person elected by the people, we can consider what are the first steps of the head of state prescribed by law in terms of solving the problems of political management. The fact is that the assumption of the President's office is accompanied by some legal consequences related to the structure of power institutions. In particular, they are relieved of their posts - these are the instructions in the law that regulates the activities of the highest executive body. Also, as some experts note, as a rule, the personnel structure in the Presidential Administration is changing, and in some cases, authorized representatives of the head of state in the upper house of Parliament and in the federal districts are de jure removed from office.
However, in fact, employees of the relevant apparatuses continue to perform their labor functions until other officials and heads of departments are appointed or legally retain the positions of current employees. Thus, the first after the Russian Federation relate to positions in the Government. Sometimes - the administration of the head of state and a number of other structures of political control. Is the Administrative Department of the President of the Russian Federation changing its structure? Among experts, there is no consensus on this matter, and in the laws of Russia there are no norms that would strictly regulate the principles of personnel rotation in this body. Thus, the Administration of the President of the Russian Federation is a body that functions independently of the procedures that reflect the election of the head of state.
Elections under martial law
Having considered what rights and obligations the President of the Russian Federation has, the election and powers of the head of the Russian state, we will also study such an aspect as conducting an appropriate electoral procedure under martial law. Indeed, if for some reason a country is drawn into some kind of international conflict, the population probably has no time for elections and presidential races.
Note that the country's basic law - the Constitution - says nothing about such cases. While the Federal Law "On Martial Law" states that any elections to government bodies, as well as referendums, are not held under appropriate conditions. That is, the President will remain in office until martial law is lifted. The term of office of the head of state will thereby be extended, even if he has already served 6 years. The same rule, as lawyers note, also applies to other authorities. By the way, in many other countries the legislative regime provides for similar rules.
Does Russia have a vice president?
No, there is no such position in our country. However, there were periods when she was present in the system of power. For example, at the time when it first appeared - first in the USSR, and then in the first years after the formation of the Russian Federation. But in the Constitution, which was adopted in 1993, there was no information about the office of vice president. As well as in none of the subsequent amendments to the basic law of the country. Lawyers note that the vice president is present in the power system of a relatively small number of states. First of all, one can note the development of the corresponding tradition in the USA, in some European countries, for example, in Bulgaria or Cyprus.
Why is the third term of the President of Russia "legitimate"? Why is the nomination for the third term of V.V. Putin legal? There is a lot of speculation around this today. Experts "dance" exclusively around the Constitution of Russia, interpreting it very freely, but forgetting that there are also federal laws, where it is specifically indicated - who, when and how many times has the right to nominate his candidacy for the post of President of Russia.
The first part of the note, devoted to the analysis of the arguments of A. Illarionov, see
Consider the legal side of the case of the third term of the President of Russia. Strictly speaking, the above wording of Part 3 of Art. 81 only prevents the election of the President of Russia for a third (and more) term contract. Even if the creators of the Constitution wanted to prohibit being elected to the post of President for more than two terms (and the second - only in a row after the first), then they formulated the norm exclusively in a crooked way. The rule is constructed in such a way that it does not prohibit being elected to the third, etc. - unless in a row. Arguments in the style of “that if it were possible, it would be written that way” are naive from a legal point of view.
If you try to implement this idea normally, then the norm should look like this: "The same person cannot hold the position of President of the Russian Federation for more than two terms." Or: “The same person cannot hold the office of the President of the Russian Federation for more than two terms. Re-election is allowed no more than once. Even better: “The same person cannot hold the office of the President of the Russian Federation for more than two terms. Re-election is allowed after the expiration of the first term of office. A third re-election (election for a third term) is not allowed.” None of this, as we can see.
It is wonderful that Andrei Nikolayevich Illarionov cited three foreign constitutions to illustrate his argument. It is worth noting that the French formulation of the number of terms appeared quite recently - and it is indeed similar to ours, therefore it has the same drawbacks. But the German and Austrian formulations, if someone really wanted to ban a third term as President of Russia, would be worth borrowing. Note that these language only allow for one consecutive re-election - which is somewhat different than "more than two consecutive terms". But did the creators of the 1993 Constitution have such a desire?
These quotes are also valuable in the sense that they partially eliminate the legal educational program among the target audience of the same "Echo of Moscow". I recall the dispute between Roman Alexandrovich Dobrokhotov and Vladimir Nikolaevich Pligin on the 15th anniversary of the adoption of the Constitution. Then Mr. Dobrokhotov, foaming at the mouth, argued that the increase in the term of office of the President of Russia from 4 to 6 years is like "moving towards Asia, not Europe."
Andrey Nikolaevich Illarionov strikes counter attack : France - term of office 5 years (until recently it was generally 7); Austria - 6 years; Germany - 5 years.
True, here's what is not clear. If anything, for example, Germany is a parliamentary republic, and the President is elected by the Federal Assembly there. In France and Russia, for example, presidents are elected by the people. So why on earth A.N. Illarionov draws parallels between them, but ignores, say, the Queen of England? The question, as Hull would say, is not an idle one. By the way, there is another well-known and justly loved by many of our fellow citizens European country - Italy. "For some reason" and she is not mentioned.
More interesting. Here is a typical European bureaucrat Guy Verkhovstadt went bankrupt on the topic that "there is only one idea of democracy." Let's put up with the fact that the specified character, it seems, did not hold a textbook on political science in his hands. But, honest people, look at the picture: there is a queen who is not elected by anyone, here is a president who is elected by parliament in one country, and by all citizens in another, but according to different systems and with different restrictions, for different terms. But there is only one idea. So that!
Let's go back to our Constitution.
The current Constitution of Russia is extremely laconic on many fundamentally important issues, and, I emphasize again, in terms of provisions it is written in an exceptionally crooked way.
I note this with regret, as a citizen of Russia. What has been said, of course, does not in the least mean that it is possible not to comply with the requirements of the Constitution. The note specifically emphasizes the need to strictly comply with these requirements. The shortcomings of the Constitution must be eliminated by legal means.
Therefore, in many controversial cases, it is necessary to refer to the laws specifying the Constitution, or directly to the decisions of the Constitutional Court of the Russian Federation, which, let me remind you, in accordance with Part 5 of Art. 125 of the Constitution is the only state body of the Russian Federation, which is endowed with the right to officially interpret the Constitution of Russia.
It is also characteristic that when the Constitution was adopted and was in force for almost two decades, there was somehow no broad public discussion on the issue under discussion. Let me remind you of Boris Nikolaevich Yeltsin's manner of behavior in such situations.
1. He was elected in 1991 as the President of the RSFSR (later - the Russian Federation) in accordance with the amended Constitution of the RSFSR and legislation.
2. In 1992, he finally entered into a confrontation with the legally elected parliament of the RSFSR - the Supreme Council.
3. By his Decree, which today is the object of frantic worship of domestic "democrats":
He abolished the Constitution (albeit not completely - only what was contrary to the Decree - that is, a little less than completely), dissolved the parliament (without having the authority to do so);
Scheduled elections for a new parliament and a vote on the adoption of a new Constitution;
He himself approved the procedure for holding these elections and this voting, which had nothing to do with the legislation in force at that time (here, look and learn how the rule of law is being built!);
And that's not all - the "Final and Transitional Provisions" of the draft Constitution submitted for popular vote (section two, part 3) contains a wonderful norm: "The President of the Russian Federation, elected in accordance with the Constitution (Basic Law) of the Russian Federation - Russia, from the date of entry into force of this Constitution, exercise the powers established by it until the expiration of the term for which he was elected.
I explain the meaning. That is, Boris Nikolaevich Yeltsin, having liquidated the system of state authorities that existed under the Constitution of 1978, for myself(unlike all other authorities - legislative, executive and judicial), extended the validity of this Constitution until 1996 - i.e. before the expiration of his five-year term in accordance with the "wrong" and "unfit" Constitution., which he "democratically" abolished by decree.
There are other interesting moments as well. Let me remind you again - organs all branches of power in Russia after the adoption of the Constitution of Russia in 1993 underwent a serious reorganization, except President. What catches your eye?
1. Difference in the status of the President and Parliament under the Constitution of 1978 and 1993. Anyone can read and join freely. Obviously, let's put it this way, the most serious strengthening of the President and, to the same extent, the weakening of the Parliament. At the same time, the new parliament went through the election procedure, and the then President (under whom the draft of the new Constitution was written) condescendingly watched "this demagoguery." According to the new Constitution, a new President appears with new powers, a new parliament with new powers.
But- at the same time, a really new parliament is elected, and the President remains the same. Moreover, voters did not vote for him with his updated status, a new set of powers, but he got all this. But the Western public applauded!
2. Let me remind you of the above-cited part 3 of the second section of the Constitution of 1993, in accordance with which B.N. Yeltsin extended the validity of the norms of the 1978 Constitution (but only partially - on the term of his powers). What is characteristic extended turned out to be precisely the norm of the Constitution of 1978, which established 5 year term presidential powers compared to the then 4-year according to the 1993 Constitution. I think it's a terrible combination of circumstances.
Another delivering moment - this norm was contained in the draft Constitution. The draft was submitted to a popular vote on December 12, 1993. To come into effect, this provision, like all other provisions of the Constitution, had to receive more than 50% of the votes of the voters, provided that more than 50% of the registered voters participated. If we take into account the level of familiarity of the then composition of voters with the text of the draft Constitution, then it is quite predictable to assume how many people read part 3 of section two (I remind you that there is still a preamble and nine chapters of the first section).
Thus, avoiding new elections, Boris Nikolayevich by popular vote of citizens received authority in a new position with a new status (for which no one elected him in the conditions of competition of candidates).
Now, if anyone is not in the know, the extension of one's powers for an official without elections by way of a referendum in Western legal theory is considered an unmistakable sign of authoritarianism and dictatorship.
Now it is appropriate to recall how the modern “oppositionists” behaved in that period - well, we are talking, of course, about those who were already actively involved in politics then. Characters like Nemtsov, Ryzhkov, Kasyanov and Kudrin either applauded this situation: “That's it, komunyak. The constitution is bad, and if so, there is nothing to stand on ceremony, ”or they sat evenly. Wrestlers of the younger generation - about my age, or give or take a couple of years, seem to be doing more interesting things than politics at that time, and have the corresponding knowledge.
In terms of the level of awareness of the "inflexible oppositionists" in the opinions expressed, the same thing happens:
Option 1 - "blessed 90s" ( when, if anything, parliamentary democracy was strangled in the bud);
Option 2 - "But I didn't know anything."
The value of both views is obvious.
There is, however, a third option - "Putin is to blame for everything." This, by the way, is the know-how of domestic pseudo-liberals at the end of the 2000s. They pretend that Yeltsin never existed (or there was a “good old grandfather” who had nothing to do with the adoption of the super-presidential Constitution of 1993, did not shoot any of the tanks).
I re-read it myself and was horrified - is the “bloody Puten” really that good? As a socialist, I cannot agree with much of his policy, but the following comes to mind:
Where are the tricks like Yeltsin's with the Constitution?
Where is the tank firing at the parliament?
What kind of ineffective desire to hold elections every time? But what about tanks? But what about the calls to “crush the vermin” and other pseudo-liberal manifestations of respect for the opinions of others?
Finally one more reference for the champions of the law.
Part 1: Federal Law “On Elections of the President of the Russian Federation” of 2003 (clause 5, article 3) does not exclude election of a citizen of the Russian Federation as President for a third term (but not in a row).
Representatives of handshake circles, of course, do not need to read this - even without reading any laws they know them better than us poor people. It is clear that this is my stupid, biased opinion of a bribe for 500 rubles. "Putinoid". According to Yu. Latynina's classification, I am a "cattle, lumpen." I fall on my knees in front of the "creative class".
Part 2: “The Constitutional Court of the Russian Federation, at the request of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the legislative authorities of the constituent entities of the Russian Federation, gives an interpretation of the Constitution of the Russian Federation.”
I explain for those who do not like the practice of applying part 3 of article 81 - initiate a request to the Constitutional Court through one of the indicated authorities (citizens cannot do this directly - one more hello to the authors of the Yeltsin Constitution J).
Everything else is the kitchen reasoning of "experts" with beer. In 1998, by the way, the Constitutional Court already passed a ruling on part 3 of Article 81 of the Constitution, although on a different issue, so the path has been beaten.
Forward, indifferent!
Dmitry Belyavsky
The third term of V.V. Putin is legitimate | How many times can one be elected President of the Russian Federation | FZ On Elections of the President of the Russian Federation | Elections-2012| Elections of the President of Russia
The presidential elections in the Russian Federation are approaching, which will be held throughout the country on March 18, 2018. In connection with this most important political event, it is worth considering several important points related to the position of the head of state in order to more responsibly and soberly approach the choice of your candidate.
In contact with
The legislative framework
To begin with, let's look at the Constitution of the Russian Federation - the supreme law of the state.
If we look at Article 81 of this document, we will see several highlights of the presidency, namely:
- How long is the President of the Russian Federation elected? The term of the presidency is exactly six years. The candidate is elected in an anonymous general vote.
- A person who has not reached the age thirty five years old has no opportunity to be a candidate for the post of ruler. A citizen who has lived in Russia on a permanent basis for less than ten years also does not have the opportunity to be elected to this position.
- The same person has no right to be the head of the country for more than two terms in a row.
- Federal law determines the procedure for elections.
Attention! Article 81 of the constitution tells us about the main provisions and conditions for electing the ruler of the country.
Changes and amendments to the law
Six years is a term of government that has not always taken place in our country. Until 2008, that is, before Dmitry Medvedev took office as head of state, the term was only four years.
When Medvedev assumed this position, the term was increased and became equal to six years, and the Constitution was amended according changes.
During Vladimir Vladimirovich Putin's second term as ruler of the Russian Federation, that is, since 2004, he emphasized many times that an increase in the presidential term is the right and necessary decision for the state. The ruler explained his position by the fact that 4 years is insufficient amount of time for a real and objective assessment of the results of work, since many tasks, including economic, social, and political ones, require much more time for the first results to appear.
Some other significant changes were made to the Constitution, such as provisions on the number of terms. The original law stated that one person could not be in office more than two terms in general, but a little later a change was introduced, which states that one person cannot hold office for more than two consecutive terms.
Responsibilities of a Presidential Candidate
Suppose you have a desire to become the head of the Russian Federation. What is required of you as a candidate, and who can be elected President of the Russian Federation? Let's figure it out.
Primary requirements:
- As mentioned before, you will not be able to become a candidate if your age is less than 35 years old.
- Settlement is the next condition, which was also mentioned in Article 81 of the Constitution. A potential candidate must live in Russia continuously for 10 years.
- If you are a citizen of another country, such as Ukraine, Belarus or Finland, then you do not have any rights to be elected in the voting. Citizen only The Russian Federation can become the head of our country.
- According to Federal Law, a citizen who has a criminal record or is in prison cannot hold the presidency. In addition, the candidate must have military ID.
The registration of potential candidates is handled by the Central Electoral Committee. In order for the process to be successful, those wishing to be elected must provide certain documents to this committee:
- Signature sheets are documents that confirm that the candidate has received support. Each candidate must collect signatures from at least two million Human. The CEC checks for authenticity 20% of signatures from this number.
- A check that confirms that it was you who paid for the production of signature sheets.
- Minutes of collection of signatures, which is provided together with signature lists.
- Surname list those people who were involved in the collection of signatures.
- potential candidates.
- Another required document is the financial statement.
These are all the requirements for a person that are essential for registration as a candidate.
After you have submitted these papers to the Central Election Committee, they will have ten days for verification and, accordingly, for the registration of a candidate or refusal to register.
There must be a weighty justification for refusal, which will be supported by the Federal Law or the Constitution.
Candidates will be interested to know what is the salary of the President of the Russian Federation? Officially, there is not even such a definition in the legislation, and the salary is called the “monetary allowance” of the head of state. That is, he himself determines the amount of payments.
First President of the Russian Federation
The first President of the Russian Federation was elected in the summer of 1991. This Boris Nikolaevich Yeltsin. He began to receive significant public support and his popularity grew at a tremendous pace in 1987, when he entered into a serious conflict with the Communist Party of the Soviet Union. Yeltsin severely criticized Gorbachev, the General Secretary of the Party.
Three years later, the future head of the country takes office people's deputy, and a few months later becomes chairman of the Supreme Council. After a short period of time, a document was adopted confirming the independence of Russia.
The USSR begins to fall apart. During a television appearance in 1991, Boris Yeltsin expressed harsh criticism of the government of the Soviet Union. He also demanded that Gorbachev transfer power to the Federation Council.
A month later, a referendum was held, during which the vast majority of residents voted for the Soviet Union to be preserved, while the presidency in Russia was introduced.
On June 12, 1991, the first elections were held in which Boris Yeltsin won.
According to the Constitution, adopted by the people in 1993, the term of office was four years. Later, during the reign of President Dmitry Medvedev, this period was extended to six years. The first person to rule the state for such a long time was Vladimir Vladimirovich Putin, who was elected in 2012.
Powers of the President of the Russian Federation
The head of state represents his interests, both within the country and in the foreign political arena. In addition, the President of the Russian Federation is guarantor of the constitution, that is, it guarantees that all laws and regulations prescribed in this document will be observed. The head of state does not belong to either the judicial, executive or legislative branches of power - he only coordinates and regulates the work of all bodies.
Let's take a look at the areas where Powers of the President of the Russian Federation:
- In ensuring constitutional law.
- in the sphere of foreign policy and in the international arena. The President provides country sovereignty, appoints diplomatic executors.
- In relations with all branches of government.
- In the field of formation of state bodies.
- In the military sphere, in the sphere of ensuring the security of the country and order within it. The president is the Commander-in-Chief, he issues decrees, appoints people to positions of command of the army, can introduce martial law in the country.
The term of office of the president is equal to the term of his reign.
Functions of the President of the Russian Federation
The head of state has a huge number of functions, the implementation of which ensures the normal functioning of society:
- The President is obliged to ensure and guarantee the implementation of all provisions in the Supreme Law of the State. He is the main defender of rights and freedoms person.
- The head of state guarantees the independence and territorial integrity of the state.
- The ruler sets the main vector for the development of domestic as well as foreign policy.
- The President is obliged to monitor, coordinate and regulate all branches of government of the state.
Useful video
The President is the main person of the country, on whose actions the life of all citizens of the state, all spheres of the life of society and the success of this state in economic, social, foreign policy depend.
1. The President of the Russian Federation is elected for a term of six years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot*(14).
2. A citizen of the Russian Federation not younger than 35 years of age who has permanently resided in the Russian Federation for at least 10 years may be elected President of the Russian Federation.
3. The same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.
4. The procedure for electing the President of the Russian Federation is determined by federal law.
Commentary on Article 81 of the Constitution of the Russian Federation
1. This article establishes the general principles for the occupation and subsequent replacement of the office of the President of the Russian Federation in accordance with the Constitution. Part 1 of the commented article defines: a person can be elected to this position only by citizens of the Russian Federation; such election may be considered legitimate if it is carried out on the basis of universal, equal and direct suffrage by secret ballot; election of a person as President of the Russian Federation for a term of six years.
The first elections of the President of the Russian Federation in accordance with the current norm of the Constitution were held in 1996, the subsequent ones - in 2000, 2004 and 2008 for a period of four years. According to paragraph 3 of section two "Final and transitional provisions", the powers of the President established by it until the expiration of the term (five years) for which he was elected (in 1991) were exercised by the President of the Russian Federation, elected in accordance with the Constitution (Basic Law) of the Russian Federation - Russia.
This version of part 1 on the six-year term of office of the President of the Russian Federation instead of the four-year term that existed since 1993 was brought into line with the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ "On changing the term of office of the President of the Russian Federation and the State Duma" , which entered into force on the date of its publication on December 31, 2008 (WP. 2008. December 31).
Applies to the President of the Russian Federation, elected after the entry into force of the said Law.
Every citizen of the Russian Federation who has reached the age of 18 has the right to elect the President of the Russian Federation. A citizen of the Russian Federation can elect and be elected President of the Russian Federation regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, any party. Citizens recognized as legally incompetent by a court, as well as those held in places of deprivation of liberty by a court verdict, do not have the right to elect and be elected (see comments to Articles 19, 32, 60).
Each voter in the presidential elections has one vote, participates in the elections on equal grounds with other voters, and votes personally by filing a ballot. The secrecy of the vote must be ensured.
The appointment of presidential elections, including early elections, is the responsibility of the Federation Council (see).
Issues of early termination, as well as extension of the term of office of the President, as well as the holding of early presidential elections or the postponement of such elections, cannot be submitted to a referendum (clause 2, part 5, article 6 of the Law on Referendum).
According to the position of the Constitutional Court of the Russian Federation, within the meaning of Part 1 of Art. 81 of the Constitution of the Russian Federation, it expresses the general principles underlying the implementation of the constitutional right of a citizen of the Russian Federation to elect and be elected in truly free elections to all bodies of people's representation (see Decree of the Constitutional Court of the Russian Federation of January 22, 2002 N 2-P * (952)) .
The first is the presence of citizenship of the Russian Federation without indicating the grounds for its acquisition. In the practice of elections in the Russian Federation, there were no facts of registration of candidates and, accordingly, the election of a person with dual and multiple citizenship as the President of Russia.
The second is the restriction of the right of a citizen of the Russian Federation who has not reached the age of 35 to be elected President of the Russian Federation, which can be considered as the minimum age limit for holding this position. At the same time, the Constitution does not provide for an age limit for holding the office of President.
The third is the permanent residence of a citizen elected by the President, i.e. at the time of election, in Russia for at least 10 years. Permanent residence (excluding, of course, business trips, visits, other short-term trips to foreign countries) can be understood as continuous residence on the territory of the Russian Federation.
The Constitution does not contain the formula "candidate for the position of the President of the Russian Federation", but based on the indicated constitutional provisions, they (candidates) have equal rights (guarantees) and bear equal duties. A President running for a second term, as well as a person temporarily acting as President, has the right to continue to exercise his powers during the period of the election campaign.
3. The constitutional restriction established in part 3 of the commented article, namely the prohibition of the same person from holding the position of President for more than two consecutive terms, takes into account both the long experience in the development of domestic (including "Soviet") statehood, and the experience of foreign countries . Since the Russian Federation recognizes political diversity and a multi-party system, this restriction should also be correlated with the regime of a "presidential republic", determined both by the norms of the current Constitution and by the practice of their implementation.
The affirmation of the principle of limited time of presidential power by two constitutional terms also means real limitations of this power: power limited in time, of course, cannot be absolute (full), it, by virtue of the Constitution itself, turns out to be limited in all its manifestations.
Given the position of the President as the "first" official, the head of state, who has a mandate by virtue of his election by the multinational people of the Russian Federation and wide constitutional powers in matters of domestic and foreign policy, which occupies a special place in the system of separation of state power into legislative, executive and judicial, limiting holding the office of President for two terms, periodic elections (once every six years) of the State Duma - the chamber of the Parliament of the Russian Federation, the norm of Part 3 of Article 81 of the Constitution of the Russian Federation serves as a guarantee of the political development of Russia, the realization of the right of citizens to participate in the management of state affairs, the emergence of new political leaders, preventing the irremovability (reproduction) of the personal composition of the state apparatus and the establishment of a regime of personal power (see comments on articles 10, 11, 13, 32, part 4 of article 78, articles 80, 83-89). It should also be borne in mind that in the sphere of the President's personnel powers - the formation of the Government, the Presidential Administration, the federal corps of judges, heads of executive power in the constituent entities of the Russian Federation, the prosecutor's office, the Investigative Committee, the Central Bank of the Russian Federation and many other financial and economic structures, key appointments in the systems defense and security, law enforcement agencies, the appointment and recall of diplomatic representatives of the Russian Federation and other officials, that is, the solution (participation in the solution) of tens of thousands of personnel issues.
The President has the right to preside at meetings of the Government of the Russian Federation (see), and in terms of the totality of constitutional powers, to exercise leadership of the Government (see comments on the articles of Chapter 4). At the same time, the Constitution does not directly characterize the Government as the highest executive power in the country, headed by the Chairman of the Government (see comments to Article 10, Part 2, Article 11, Part 4, Article 78, Chapter 6 - Article 110- 117). The Chairman of the Government determines the main directions of activity and organizes his work (), however, there is no formula in the Constitution that the Chairman of the Government leads the Government. At the same time, among the constitutional functions of the Government are the implementation of measures to ensure the country's defense, state security, and the implementation of foreign policy (). The determination of the main directions of the domestic and foreign policy of the state is the constitutional authority of the President ().
The commented provision, in conjunction with paragraph 3 of section two "Final and transitional provisions" of the Constitution, was the subject of public consideration by the Constitutional Court at the request of the State Duma on the interpretation of the Constitution. The court found that two terms of office in a row, as referred to in Part 3 of Art. 81 of the Constitution, constitute a constitutional limit, the excess of which the Constitution does not allow. Paragraph 3 of Section 2 of the Constitution, which has a transitional character, has been exhausted and cannot serve as a regulator of social relations in the future. It is also fundamental that the Court stated that the President himself (at that time - B.N. Yeltsin), being in accordance with Part 2 of Art. 80 of the Basic Law, the guarantor of the Constitution and the rights of citizens, has repeatedly publicly stated that in the next elections he will not run for the post of President for the next term of office, because this would be a violation of the Constitution, and that he does not intend to seek its change for the sake of nominating his candidacy. The Constitutional Court terminated the proceedings on the case on the interpretation of these provisions of the Constitution due to the lack of uncertainty in their understanding (Determination of the Constitutional Court of the Russian Federation of November 5, 1998 N 134-O * (953)).
In case of early termination of the President's exercise of his powers on the grounds specified in, the interpretation of which is also given by the Constitutional Court, elections of a new President are held in accordance with the Constitution (Resolution of the Constitutional Court of the Russian Federation dated 06.08.1999 N 10-P * (954)).
The President is a permanent body of state power and exercises his powers as the sole head of state (part 1 of article 11, part 1 of article 80, part 1 of article 81). The constitution establishes that no one can appropriate power in the Russian Federation; seizure of power or appropriation of power. Consequently, no one can appropriate the powers of the President, exercised by him alone (Resolution of the Constitutional Court of the Russian Federation of August 11, 2000 N 12-P * (955)).
Before 2008, there was no case in the Russian Federation when the President, upon the expiration of his term of office, immediately held the position of Chairman of the Government of the Russian Federation, i.е. "second" most important constitutional position. Do not know this practice and most foreign countries. The Constitution and all the practice of its implementation until 2007-2008, as already noted, convincingly testified to the operation of the regime of the presidential republic in Russia.
Subsequent events: the formation of the State Duma only on a party basis, the presence at the head of the party list in the first proportional elections of the current President of the Russian Federation - not a member of the party, the subsequent election by the congress of this party of the same person as the leader (chairman) of the party, the concentration in the hands of one party of the constitutional majority in Duma, nomination and appointment, with the consent of the State Duma, by the new President of the Russian Federation of the former President to the post of Chairman of the Government, the presence of a majority of members of the ruling party in the upper house - the Federation Council, unconditional dominance (up to 75%) of members of the ruling party among the heads of executive power of the constituent entities of the Russian Federation, as well as and the majority of members and supporters of this party in more than 2/3 of the parliaments of the constituent entities of the Russian Federation, provoked a discussion about the possible transformation of the Russian Federation without changing the current Constitution from a presidential republic to a parliamentary-presidential and even a parliamentary republic.
After the inauguration of the new President of the Russian Federation (May 7, 2008), the following structure of Russian power takes shape: the new President relies on a party that has a constitutional majority in the State Duma, without being a member of this party; the former President, whose powers lasted for two consecutive terms, holds the position of both the chairman of the specified party, without being a member of it, and the chairman of the Government of the Russian Federation at the same time. It is noteworthy that at one of the last congresses the party of the constitutional majority withdrew from its charter the provisions indicating the party affiliation of the party chairman. As a result, there is (may be) a model with two centers of power - a strong President and a strong Chairman of the Government, heading the indicated party. How this system of power will function can only be shown by practice, and what is fundamentally important is how adequate its current constitutional basis is.
Today there are different opinions: some believe that a high party position, combined with the premiership, provides the Chairman of the Government of the Russian Federation with real levers of power in the country - both the executive and the legislative power are under his control. Others believe that this party is important for the Chairman of the Government only for a certain period, which is confirmed by the fact that even as a party leader he refused to be a member of this party. The question remains the same: does this construction signify the beginning of political, and therefore constitutional, reform in Russia and the transformation of the presidential republic?
President of the Russian Federation D.A. Medvedev, speaking on November 5, 2008 with the Address to the Federal Assembly, characterized the Russian Constitution as effective, and the role of the President and the federal parliament, elected popularly and acting on behalf of the whole country, as "bearing structures" on which the entire building of a democratic state rests.
The current Constitution establishes the division of powers, as well as the basis for interaction, primarily between the President of the Russian Federation and the Government of the Russian Federation as a collegial body exercising executive power in the Russian Federation (see comments to Articles 10, 11, 78, 83, 110, 114-117) and not between the President and the Prime Minister. The constitutional powers of the latter are personified only in terms of submitting to the President proposals on the structure of federal executive bodies and candidates for the Government, determining the main directions of the Government's activities and organizing its work within the framework of the main directions of the domestic and foreign policy of the state, determined by the President of the Russian Federation and in accordance with his decrees. (See comments on art. 80, 112 and 113). In the cases and within the limits established by the Constitution, the Chairman of the Government temporarily acts as the President of the Russian Federation, and also raises the question of confidence in the Government before the State Duma (see comments to Article 92 and Part 4 of Article 117). Making a decision on the resignation of the Government, and hence its Chairman - the powers of the President of the Russian Federation (paragraph "c" of Article 83). During the period of exercising the powers of the first and second Presidents of the Russian Federation, the duties of the Chairman of the Government were carried out by 10 people.
Unlike the President, it is the Government of the Russian Federation, as a collegial body of power, that is granted by the Constitution the right to adopt binding legal acts in the Russian Federation that can be repealed by the President of the Russian Federation (Article 115), to use legislative initiative in parliament, including in terms of proposals for amendments and revision of the Constitution ( and ), apply with a request to the Constitutional Court of the Russian Federation (Article 125). At the same time, there is no provision in the Constitution that the Prime Minister heads the executive branch in the Russian Federation.
The Constitution does not contain any provisions allowing the same person to hold the office of President for three consecutive terms or more. In this regard, the departure of a person from the post of President after the expiration of his presidential powers for two consecutive terms is nothing more than the submission of the first person of the state to the Constitution.
From the practice of foreign countries: the President of the United States is elected for four years and no more than two consecutive terms; for five years (without specifying in the Constitution the possibility of re-election) the President of the French Republic is elected; the President of the Republic of Kazakhstan is elected for five years without limitation of terms in relation to the first president of the republic; the President of the Republic of Belarus is elected for five years without specifying any restrictions on re-election.
4. The election of the President of the Russian Federation is the subject of the jurisdiction of the Russian Federation. Therefore, the formula "federal law" in part 4 of the commented article includes, in addition to the Constitution, federal constitutional laws and federal laws (see comments to paragraph "d" of article 71 and part 1 of article 76). At the same time, the "order of elections", regulated by the relevant laws, includes a wide range of relations related to the election and entry into office of the President. The constitutional norm enshrined in Part 4 of Art. 81 of the CRF, excludes the adoption of by-laws that determine the procedure for the election of the President.
It should be emphasized that there is only one source of legitimization of the President - popular elections on an alternative basis (see comments to articles 3, 32, part 4 of article 81). It does not follow from the Constitution that such, even if partial, legitimization can be a candidate "selected" by someone, a "successor" of the President, a person "selected" ("appointed") by the incumbent President, etc. Otherwise, it would turn democratic elections into their imitation, could lead to a violation of constitutional norms. This situation also contradicts the very essence of the constitutional status of the President as the head of state, who is the guarantor of the Constitution, the rights and freedoms of man and citizen (part 2 of article 80, article 82), i.e. and constitutional voting rights.
The legislation on the election of the President of the Russian Federation consists of the Constitution, the Law on Basic Guarantees, the Law on the Election of the President of the Russian Federation, and other federal laws. Among the latter are also federal constitutional laws regulating certain issues in connection with the election of the President (Laws on a referendum, on an emergency, on the Constitutional Court of the Russian Federation, Federal constitutional law of 30.01.2002 N 1-FKZ "On martial law").
The following issues of the procedure for electing the President are directly regulated by the Constitution: appointment of elections by the Federation Council; the moment from which the President begins to exercise powers and terminates their exercise; the period (no later than three months) during which the presidential elections must be held from the moment of early termination of powers by the President (see comments to paragraph "e" of part 1 of article 102 and parts 1 and 2 of article 92).
Of general importance for elections, including the election of the President, is the Law on Fundamental Guarantees. This Law and the Law on Elections of the President of the Russian Federation shall be applied in conjunction. The main concepts and terms used in the latter are used in the same sense as in the Law on Basic Guarantees, unless otherwise provided by the Law on Elections of the President of the Russian Federation.
The current Law on Elections of the President of the Russian Federation of 01/10/2003 N 19-FZ is the fourth law with the same name during the period of the Constitution (1995, 1999, and until 1995 the Law of 12/31/1990 was in force, in accordance with which elected on June 12, 1991 for the first term as the first President of the Russian Federation).
Regulating the electoral rights of citizens in the election of the President, the Law on the Election of the President of the Russian Federation establishes that a citizen of the Russian Federation who, on the day of publication of the decision on calling elections to the post of President, has the second consecutive term, as well as having the citizenship of a foreign state or a residence permit, does not have the right to be elected President or other document confirming the right to permanent residence in the territory of a foreign state ().
Presidential elections are held in a single federal electoral district, which includes the entire territory of the Russian Federation. Voters residing outside the territory of Russia are considered assigned to the federal electoral district ().
The law fixes the obligation to hold presidential elections within the time limits established by the Constitution, obliging the Federation Council to make a decision on calling elections no earlier than 100 days and no later than 90 days before voting day. The day of such voting is the second Sunday of the month in which voting was held in the previous presidential elections and in which the President was elected four years ago. If the President terminates the exercise of his powers before the expiration of the constitutional term, the Federation Council is obliged to call early elections no later than 14 days from the date of such termination of powers; at the same time, the terms for the implementation of electoral actions, established by this Law, are reduced by one quarter. If during the period when a decision is to be made on calling elections, a state of emergency or martial law has been introduced throughout the territory of the Russian Federation, voting day in the presidential elections is the first or second Sunday after three months after the lifting of the state of emergency or martial law ().
In contrast to the previous regulation, the current Law fundamentally regulates the right to nominate candidates for the office of President in a fundamentally different way. If earlier the right to nominate a candidate belonged directly to voters and electoral associations, electoral blocs, now candidates for the post of President can be nominated by political parties that have the right, in accordance with the Law on Political Parties, to take part in elections, including to nominate candidates, as well as in self-nomination order. A citizen of the Russian Federation can nominate his candidacy provided that his self-nomination is supported by a group of voters. Such a group must include at least 500 citizens with active suffrage, in accordance with the procedure established by the Law, be registered with the CEC of the Russian Federation. A candidate nominated by way of self-nomination, in his support, and a political party in support of the candidate nominated by it, are obliged to collect at least 2 million signatures of voters within a short period of time, provided that no more than 50 thousand signatures of voters should fall on one subject of the Russian Federation. The law exempts from collecting voter signatures political parties whose federal list of candidates is allowed to distribute deputy mandates in the next previous elections of State Duma deputies (Articles 6, 29, 34, 35, 36).
The Law on Elections of the President of the Russian Federation, in accordance with the Constitution and the indicated position of the Constitutional Court (see the commentary to paragraph 3 of Article 81 of the Constitution of Russia), determined that a citizen of the Russian Federation who filled the office of the President and prematurely terminated the exercise of the powers of the President in the event of resignation, persistent inability to due to health reasons, to exercise his powers or dismissal from office, cannot be nominated as a candidate in the elections appointed in connection with the early termination of his powers (part 3 of article 6).
Citizens of the Russian Federation, political parties, other public associations are guaranteed the right to pre-election campaigning, which means activities carried out during the period of an election campaign and aimed at inducing or encouraging voters to vote for or against a candidate. Ensuring freedom of pre-election campaigning is the duty of the state. Candidates must be guaranteed equal conditions of access to the media (art. 8).
The Constitutional Court of the Russian Federation, based on the Constitution (Articles 19 and 55), the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights (clause 3, Article 19), established that elections can be considered free only if when the right to information and freedom of expression are effectively guaranteed.
Therefore, the legislator is obliged to ensure the right of citizens to receive and disseminate information about elections, observing the balance of constitutionally protected values - the right to free elections and freedom of speech and information, and avoiding inequality and disproportionate restrictions (Resolution of the Constitutional Court of the Russian Federation of October 30, 2003 N 15-P*( 956)).
The practice of evading candidates for the President of the Russian Federation, including both party members and non-party members, from public debates outlining their positions on the state and development of the main directions of the country's domestic and foreign policy does not meet the constitutional principles of a democratic legal state that recognizes political diversity and a multi-party system. , which limits the rights of citizens - voters to participate in the management of state affairs (see Art.
