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.
The Constitution of the Russian Federation (Article 92) provides for several grounds for terminating the powers of the President of the Russian Federation.
IN in the usual way The President of the Russian Federation terminates the exercise of his powers with the expiration of the period for which he was elected, at the time of taking the oath by the newly elected President of the Russian Federation. The powers of the President of the Russian Federation can be terminated early:
1) by initiative the President of the Russian Federation himself - in the case of his resignations;
2) by Not dependent from the will of the President of the Russian Federation for reasons - in the event of a persistent inability of the President of the Russian Federation as health to exercise his powers;
3) on the initiative of the Federal meetings- if accepted solutions about renunciation President of the Russian Federation from office.
Under resignation according to generally accepted state legal practice, it is understood voluntary resignation of the head of state from his post.
The dismissal of the President from office is a procedure for bringing the head of state to legal liability. For the first time, such a procedure called “impeachment” was established by the US Constitution, and then by the constitutions of many other states.
Grounds and procedure for dismissal of the President of the Russian Federation from office.
The grounds for the dismissal of the President of the Russian Federation from office are the commission by the President of the Russian Federation of a state treason or otherwise serious crimes. Scroll serious crimes are defined in UK Russian Federation.
It should be noted that at the time of the adoption of the Constitution of the Russian Federation of 1993, the Criminal Code of the RSFSR of 1961 was in force in the Russian Federation, where in Art. 71 serious crimes were listed. In the Criminal Code of the Russian Federation of 1997, a new classification of crimes is given. According to Art. 15 of the Criminal Code of the Russian Federation, crimes are divided into crimes of minor gravity, crimes of medium gravity, grave crimes and especially grave crimes - depending on the nature and degree of public danger. It seems that under the new Criminal Code, the President of the Russian Federation should be held responsible for committing especially serious crimes.
The procedure for removing the President of the Russian Federation from office consists of three stages.
1. nomination State Duma charges against the President of the Russian Federation to remove him from office. Initiative such a decision should be based on at least one thirds deputies of the State Duma.
A proposal to bring charges against the President of the Russian Federation must contain specific indications of the signs of a serious crime that is imputed to the President of the Russian Federation.
A proposal to bring charges against the President of the Russian Federation is sent by the State Duma for the conclusion of a special commissions formed by the chamber to assess compliance with the procedural rules and the factual validity of the charges.
The proposal to bring charges against the President of the Russian Federation and the conclusion of a special commission are being considered at meeting State Duma. As a result of the discussion, the State Duma two thirds votes of the total number of deputies of the chamber adopts a resolution on bringing charges against the President of the Russian Federation in the state treason or other grave crimes to remove him from office. The resolution of the State Duma on bringing charges against the President of the Russian Federation is sent to the Advice Federation, as well as Constitutional Court of the Russian Federation and Supreme Court for giving opinions.
2. Confirmation decisions of the State Duma Supreme of the Court of the Russian Federation on the presence of signs in the actions of the President of the Russian Federation crimes and conclusion constitutional of the Court of the Russian Federation on compliance with the established order bringing charges.
3. Acceptance Council Federation of the decision to remove the President of the Russian Federation from office.
The decision of the Federation Council to remove the President of the Russian Federation from office must be taken no later than three-month period after the State Duma charges against the head of state. If within this period the decision of the Federation Council is not adopted, the accusation against the President of the Russian Federation is considered rejected.
The decision of the Federation Council to remove the President of the Russian Federation from office is considered accepted, if at least two thirds of the total number of members of the Federation Council, and is formalized by a resolution of the Federation Council.
Since the early termination powers President of the Russian Federation on the grounds discussed above, before the election of a new head of state, the relevant state functions temporarily performs Chairman Government of the Russian Federation. Acting President of the Russian Federation Not entitled dissolve State Duma, to appoint referendum and also make suggestions for amendments And revision provisions of the Constitution of the Russian Federation.
The first stage consists in bringing charges against the President of the Russian Federation by the State Duma in order to remove him from office.
A proposal to bring charges against the President of the Russian Federation in order to remove him from office may be submitted on the initiative of at least 1/3 of the total number of deputies of the State Duma. The proposal must contain specific indications of the signs of the crime that the President of the Russian Federation is charged with, as well as the rationale for his involvement in this crime.
A proposal to bring charges against the President is sent by the State Duma for consideration by a special commission formed by the chamber to assess compliance with the procedural rules and the factual validity of the charges, as well as to the Supreme Court to issue an opinion on the presence of signs of a crime in the actions of the President of the Russian Federation.
The Special Commission is elected by the State Duma and consists of the Chairman, his Deputy and 10-12 members. The chairman of the commission is elected by the State Duma by open voting by a majority vote of the total number of deputies of the chamber. Members of the commission are elected on the proposal of factions and deputy groups by a general list by a majority of votes from the total number of deputies of the Duma. The vice chairman of the commission is elected at its meeting. The composition of the commission is formed taking into account the equal representation of the faction and deputy groups.
A special commission checks the factual validity of the accusation against the President, compliance with the quorum necessary for bringing an accusation, the correctness of the count of votes and other procedural rules established by the Rules of Procedure of the State Duma.
The commission hears at its meetings persons who can report the facts underlying the proposal to bring charges, considers relevant documents, and hears a representative of the President of the Russian Federation. The commission, by a majority of votes of its members, adopts a conclusion on the existence of factual grounds (reality of events) underlying the proposal to bring charges and to follow the procedure for bringing charges.
The proposal to bring charges against the President of the Russian Federation and the conclusion of a special commission are considered at a meeting of the State Duma. By decision of the Chamber, the meeting may be declared closed. At this meeting:
1) the person authorized by the group speaks with a report on the proposal to bring charges;
2) the chairman of the special commission makes a report;
3) 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 is heard;
4) deputies, invited experts and other persons whose assessments and testimony are of significant importance, the authorized representative of the President of the Russian Federation take part in the discussion.
Based on the results of the discussion, the State Duma, by two-thirds of the votes of the total number of its deputies, adopts a resolution on bringing charges against the President of treason or committing another serious crime in order to remove him from office. The decision is adopted by secret ballot using ballots. The resolution of the State Duma on bringing charges against the President is sent to the Federation Council within 5 days.
If the proposal to bring charges against the President does not receive the support of a two-thirds majority of the total number of votes, the State Duma adopts a resolution on the refusal to bring charges against the President, which is final and subject to further publication. The resolution is sent signed by the Chairman of the State Duma to the Federation Council, as well as to the President of the Russian Federation.
The second stage consists in the adoption by the Federation Council of a decision on the removal of the President of the Russian Federation from office.
The Constitutional Court of the Russian Federation, at the request of the Federation Council, issues an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation of high treason or the commission of another grave crime. In accordance with Article 108-110 of the Federal Constitutional Law of June 21, 1994 "On the Constitutional Court of the Russian Federation", such a request is considered admissible if the charge is brought by the State Duma and has a conclusion of the Supreme Court of the Russian Federation on the presence in the actions of the President of the Russian Federation of signs of a corresponding crime.
This request from the Federation Council to the Constitutional Court of the Russian Federation shall be sent no later than one month from the date of the adoption by the State Duma of the decision to bring charges. The request shall be accompanied by the text of the decision of the State Duma to bring charges, the protocol or transcript of the discussion of this issue at a meeting of the State Duma and the texts of all documents related to this discussion, as well as the text of the conclusion of the Supreme Court of the Russian Federation.
The conclusion must be given by the Constitutional Court of the Russian Federation no later than 10 days after the registration of the request.
If the Constitutional Court of the Russian Federation gives a conclusion that the procedure for bringing charges has been observed, then in order for the President of the Russian Federation to be removed from office, it is necessary to vote for this decision by 2/3 of the members of the Federation Council from its total composition.
In the event that the Constitutional Court of the Russian Federation makes a decision on non-compliance with the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another grave crime provided for by the Constitution of the Russian Federation, the consideration of the charge is terminated.
Part 3 of Article 93 of the Constitution of the Russian Federation specifically stipulates the period during which the Federation Council must decide on the removal of the President from office. This decision must be made no later than 3 months after the State Duma charges. And if the decision of the Federation Council is not adopted within the specified period, then the charge will be considered dismissed.
This is the procedure for removing the President from office, which expresses the features of his constitutional responsibility.
The Constitution of the Russian Federation, like the fundamental laws of other countries, regulates only the dismissal of the President of the Russian Federation from office. After removal from office, he can be held liable if he committed a crime under the criminal law as an ordinary person.
Part 3 of Article 92 of the Constitution of the Russian Federation provides for the procedure for the temporary execution of presidential duties. It has been established that in all cases when the President is unable to fulfill his duties, they are temporarily assumed by the Chairman of the Government of the Russian Federation. However, the acting head of state is not entitled to exercise certain presidential powers, namely: to call a referendum; dissolve the State Duma; make proposals for amendments and revision of the provisions of the Constitution of the Russian Federation.
In its decision of July 6, 1999 No. 10-P, the Constitutional Court of the Russian Federation officially expanded the interpretation of Part 3 of Article 92. He established that the temporary performance of presidential duties means both their performance within three months before the election of a new President (on the grounds specified in Part 2 of Article 92), and for an unknown period in the event that the President himself decides to temporarily transfer his powers either in when it is objectively impossible for the President to make a decision on the temporary assignment of duties to the Prime Minister (for example, in the case of illegal isolation of the head of state). Therefore, now the named dispute can be considered officially completed.
As a matter of fact, the President of the Russian Federation Boris N. Yeltsin, even before such an interpretation, applied this model, when in the fall of 1996 he temporarily transferred his duties to the then Chairman of the Government V. S. Chernomyrdin. It happened in the following way. First, on September 19, 1996, Decree No. 1378 "On the temporary performance of the duties of the President of the Russian Federation" was issued. Its significance was reduced to determining the scope of powers of the Chairman of the Government of the Russian Federation as the interim President of the country and the procedure for legal registration of the beginning and end of the period of temporary performance of duties. The rather complicated design was not chosen by chance: it was meant that such a model could be used as a precedent sometime in the future, under other political circumstances.
On the day of the surgical operation that the President of the Russian Federation underwent, i.e. On November 5, 1996, Presidential Decree No. 1534 was adopted, which was in the nature of a direct temporary transfer of presidential powers to V.S. Chernomyrdin. It was called like this: “On the assignment to the Chairman of the Government of the Russian Federation Chernomyrdin V.S. temporary performance of the duties of the President of the Russian Federation. ”He determined not only the day, but also the hour - 7 hours 00 minutes - of the beginning of the temporary performance of the duties of the head of state. The next day, after B.N. Yeltsin got out of anesthesia, on November 6, he signed the last in this series Decree No. 1535 “On the termination of the temporary performance by the Chairman of the Government of the Russian Federation of the duties of the President of the Russian Federation”. This execution, according to the Decree, ceased from 06:00 on November 6, 1996.
Moreover, it is characteristic that the last Decree recognized the Decrees of November 5 and September 19, 1996 as invalid. If something like this happens again, then new presidential decrees will be required.
Conclusion
Over the past decades, the number of states in the political systems of which the institution of presidency is successfully developing has increased. In our opinion, this is due to the fact that this institution has a certain advantage. With regard to the Russian Federation, there were reasons that largely led to the transition to the institution of the presidency. These include both objective and subjective factors.
Since 1991, too little time has passed to appreciate the dignity of the presidential power, which, along with other institutions, is formed and learns from mistakes.
Taking into account the experience of foreign countries and Russian reality, the advantages of the institute of presidency include the following:
The head of state bears personal responsibility for the state of affairs in the country;
The President can take prompt action to maintain order in difficult situations; responsible for the security of the country;
ensures the implementation of domestic and foreign policy;
It has the ability to coordinate the activities of various branches of government, ensuring the unity of state activity.
All this and more are the most common and typical virtues of presidential power.
However, there are still many questions that are not fully answered in the Russian Constitution. For example, about the limits of immunity of the President; on the mechanism for early termination of powers, etc. The Constitution of the Russian Federation does not provide for the adoption of a federal law "On the President of the Russian Federation." However, the development of the adoption of such a normative legal act would serve to remove certain problems in the exercise of presidential power in Russia.
The Russian state is faced with the task of improving the entire system of state authorities. The imbalance of the state mechanism does not allow the effective use of the potential of state power in solving economic, social, political problems
Important areas for improving the state mechanism are to ensure a clearer interaction between the branches of government, federal bodies and state authorities of the constituent entities of the Russian Federation, the effective organization and activities of executive authorities, their coordinated purposeful work. The President of the Russian Federation has a responsible role in this.
The forms and methods of solving these problems directly affect the issue of the powers of the President of the Russian Federation. In the legal literature, more attention should be paid to the study of the constitutional framework of his powers. The extensive decree activity of the President of the Russian Federation, the relationship between the practice of his activity and its constitutional foundations should be subjected to a comprehensive analysis.
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See: there. – pp. 54-55
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The newly elected President of the Russian Federation is assigned the highest order of the country - "For Merit to the Fatherland" I degree with an order chain (See: Order for the President from "Russian Crafts". -Ross. Gazeta. - 1996. - August 2).
See: Krasnov Yu.K. Decree. op. -WITH. 441-442
See, for example: Decree of the Central Election Commission of the Russian Federation of April 5, 2000 “On the results of the election of the President of the Russian Federation” // Ross. newspaper - 2000. - April 7
See: Constitutional Law: Textbook / Ed. prof. V.V. Lazareva - M., 1998. - S. 375
See: Krasnov Yu.K. Decree. op. – p. 438
Articles 109,111,117 of the Constitution of the Russian Federation establish the grounds on which the President of the Russian Federation can dissolve the State Duma of the Federal Assembly of the Russian Federation, as well as cases of restriction of this right
See: "Regulations on the procedure for interaction between the President of the Russian Federation and the chambers of the Federal Assembly of the Russian Federation in the legislative process" (as amended and supplemented by Decrees of the President), approved by Decree of the President of the Russian Federation of April 13, 1996 // SZ RF. 1996. No. 16. Art. 1842; 1997. No. 20. Art. 2238: No. 41.Art.4680
Resolution of the Constitutional Court of the Russian Federation of April 22, 1996 No. 10-P “On the case of the interpretation of certain provisions of Article 107 of the Constitution of the Russian Federation” // СЗ RF. - 1996. - No. 18. - Art. 2253
See: Suvorov V.N. Decree. op. – p. 20
Regulations on the plenipotentiary representative of the President of the Russian Federation in the Federal Assembly approved by order of the President of the Russian Federation of March 30, 1994 // Ross. newspaper. –1994. –April 1
Cit. Quoted from: Suvorov V.N. -Decree. op.- P.14
Decree of the President of the Russian Federation of December 31, 1996 No. “On Ensuring the Activities of the Plenipotentiary Representative of the Russian Federation in the Constitutional Court of the Russian Federation” (as amended by Decrees of the President of the Russian Federation No. 660 dated June 30, 1997, No. 162 dated February 12, 1998, No. 917 dated August 7, 1998, No. 163 dated January 30, 1999, dated 09/01/2000 No. 1606) // SZ RF. 1997. No. 1. Art. 118; 2000. No. 36. Art. 3636
Vedomosti RF 1992.-No.15.- Art. 769; 1993.-№2.-St. 77; СAPP.1993.-№52.- Art. 5086
Sobr. zak-va RF. -1999.-№32.- Art. 4041; No. 47.- Art. 5684
See: Federal constitutional law of January 30, 2002 "On martial law" // Rossiyskaya Gazeta. 2002.-February 2
See: Federal Constitutional Law of January 30, 2001 "On the State of Emergency" // Collection of Legislation of the Russian Federation. -2001. - No. 23. - Art. 2277
See: Decree of the President of the Russian Federation of September 19, 1997 No. 1039 “On the Office of the President of the Russian Federation for Foreign Policy” // Ross. Newspaper - 1997 - September 26.
Decree of the President of the Russian Federation of October 2, 1996 No. 1412 “On Approval of the Regulations on the Administration of the President of the Russian Federation” (as amended by Decrees of the President of the Russian Federation of April 15, 1997 No. 352, of 08.28.1997 No. 946, 09.01.1997 No. 958, 09.19.1997 No. 1039, 10.06.1997 No. 1068, 10.30.1997 No. 1146. 02.12.1998 No. 162, 08.11.1998 No. 945, from 14.11 .1999 No. 1520, dated June 27, 2000 No. 1192, dated August 17, 2000 No. 1521) // SZ RF. 1996. No. 41. Art. 4689; 2000. No. 34. Art. 3438
See: Strekozov V.G., Kazanchev Yu.D. Constitutional Law of Russia: Textbook. - M., 1997. S. 178-179
Decree of the President of the Russian Federation of May 13, 2000 No. 849 “On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District” (as amended by Decrees of the President of the Russian Federation of June 21, 2000 No. 1149. of September 9, 2000 No. 1624) // SZ RF. 2000. No. 20. Art. 2112; No. 38. Art. 3781
See: SAPP.-1994.-No. 13,- art. 1001;-№11.-art. 867;-№14,-art. 1070; SZ RF.-1994.-No. 15.-st. 1714;-1996.-No.18.st.2116.
See: SAPP.-1994.-No.15.-Art. 1215; SZ RF.-1994.-No. 4.-st. 305;-1995.-№4.-st. 281;-1996.-№4.-Art. 262.
SAPP.-1993.-№7.- Art. 598
Cit. Quoted from: Tolstik V.A. Hierarchy of sources of Russian law. Nizhny Novgorod.-2002.- P. 143-144
The constitutional system in Russia M., -1995.- P.64
See: The constitutional system of Russia. Issue 2. - M., -1995. S. 76
See: Scientific and practical commentary on the Constitution of the Russian Federation / Ed. ed. V.V. Lazarev. 2nd ed., add. and reworked. - M., 2001.-S. 461
See: Baglai M.V. Constitutional law of the Russian Federation: Textbook for universities.-3rd ed. and add.-M., 2001.- S. 423.
See: Krasnov Yu.K. - Decree. op. – pp. 74-75
See also: Federal Law "On Guarantees to the President of the Russian Federation, who has terminated the exercise of his powers, and to members of his family" dated February 12, 2001. Rossiyskaya Gazeta. -2001. -February, 15.
See: Commentary and the Constitution of the Russian Federation / General. ed. Yu.V. Kudryavtseva - M., - 1996. - S. 393
See: Modern foreign constitutions. M. - 1992 - S. 162 - 163.
For more details see: Yakubov A.E. Removal of the President from office and criminal law. // Vestnik Mosk. pack. Series 11, Law, - 1994. - No. 5. - S. 51 - 52.
See: Art. 121 of the Constitution of the RSFSR of 1978 as amended by the law of May 24, 1991// Air Force of the RSFSR. 191. No. 22. Art. 776.
See: Scientific and practical commentary on the Constitution of the Russian Federation - pp. 465 - 466.
Gazette of the Constitutional Court of the Russian Federation - 1999 - No. 5
See: Scientific and practical commentary on the Constitution of the Russian Federation. - P.463-464.
See Okunkov V.A. President of the Russian Federation. Constitution and political practice - M, -1996 - S.134-137.
The procedure for the removal of the President of the Russian Federation from office
According to the Constitution, the President of the Russian Federation ceases to exercise > powers ahead of schedule in the event of his resignation, persistent inability for health reasons to exercise his powers or removal from office. In all cases when the President is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation until new elections of the President of the Russian Federation.
The procedure for removing the President from office is very complicated and formalized.
First, the President of the Russian Federation can be removed from office on the basis of charges of high treason or a serious crime. In this case, the “lower” chamber, the State Duma, brings charges against the President, 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 and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges. A proposal to this effect can only come from a group of deputies constituting at least one third of the total number of members of the State Duma (150 deputies). The decision of the State Duma to bring charges must be taken by two-thirds of the votes of the total number of deputies of the chamber (300 deputies).
Secondly, the “upper” chamber, the Federation Council, considers the case and, in essence, decides on the dismissal of the President from office. To recognize the President as guilty and, as a result, to remove him from office, two-thirds of the votes of the total composition of the chamber (119 members of the Federation Council) are required.
Thirdly, if the decision of the Federation Council to remove the President from office is not made within three months after the State Duma charges against the President, then the charge is considered dismissed. Note that when the head of state commits acts that are not serious crimes in accordance with the Criminal Code of the Russian Federation, this procedure is not applied at all.
After the removal from office, the President of the Russian Federation, in the event of a crime, will be held liable under the norms of criminal law as an ordinary citizen.
On the basis of the fourth chapter of the Constitution, the President of Russia exercises the following powers:
appoints with approval State Duma Prime Minister of the Russian Federation;
has the right to chair meetings Government of the Russian Federation;
decides on the resignation of the Government of the Russian Federation;
presents to the State Duma a candidate for appointment to the post of chairman Central Bank; and also puts before the State Duma the issue of dismissing the chairman of the Central Bank from his post;
on the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses the Deputy Chairman of the Government of the Russian Federation and federal ministers;
is Federation Council nominees for appointment to the positions of judges Constitutional Court, Supreme Court, Supreme Arbitration Court, as well as the candidacy of the Prosecutor General; submits to the Federation Council a proposal to dismiss the Prosecutor General from office; appoints judges of other federal courts;
shapes and leads Security Council of the Russian Federation, whose status is determined by federal law;
approves the military doctrine of the Russian Federation;
shapes Administration of the President of the Russian Federation;
appoints and dismisses authorized representatives of the President of the Russian Federation;
appoints and dismisses the high command of the Armed Forces of the Russian Federation;
appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations. As required by the Constitution, these appointments may be made by the President after consultation with the relevant committees or commissions of the Houses of the Federal Assembly;
calls elections to the State Duma in accordance with the Constitution and federal law;
dissolves the State Duma in the cases and in the manner prescribed by the Constitution;
appoints referendum in the manner prescribed by federal constitutional law;
submits bills to the State Duma;
signs and promulgates federal laws within fourteen days of receipt. If the president rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council, in accordance with the procedure established by the Constitution, reconsider this law. If, upon reconsideration, the federal law is approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and promulgated .;
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 .
The President of the Russian Federation may use conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities subjects 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.
The President of the Russian Federation has the right to suspend acts of the executive authorities of the constituent entities of the Russian Federation;
manages the foreign policy of the Russian Federation;
negotiates and signs international treaties of the Russian Federation;
signs instruments of ratification;
accepts letters of credence and revocable letters of diplomatic representatives accredited to him.
in the event of aggression against the Russian Federation or an immediate threat of aggression, the President of the Russian Federation 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.
resolves issues of citizenship of the Russian Federation and granting political asylum;
awards state awards of the Russian Federation, assigns honorary titles of the Russian Federation, higher military and higher special ranks;
carries out pardon.
In the course of exercising his powers, the President of the Russian Federation issues decrees and orders that are binding on the entire territory of the Russian Federation. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.
a forced act of removal of the President of the Russian Federation from office on the basis of accusation of high treason or other serious crime. Removal from office in this sense is a measure of constitutional responsibility (constitutional and legal sanction) applied to the head of state. In foreign constitutional law, the institution of removing the head of state from office is called impeachment.
In Russian legislation, such a measure was first provided for when the post of President was introduced in 1991. The President could be removed from office if he violated the Constitution and laws of Russia, as well as the oath given to him.
The current Constitution of the Russian Federation has significantly changed the grounds and procedure for O. from d.P. RF. The removal procedure is legally complicated, many institutions of the country's supreme power are involved in its implementation: both chambers of the Federal Assembly, the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, which creates guarantees against political voluntarism and ensures high competence in decision-making on this issue. The State Duma has the right to bring charges, and the decision on O. from d.P. RF can only accept the Federation Council. The Constitution of the Russian Federation stipulates the following conditions and procedures for O. from d.P. RF: 1) 1/3 (at least 150) deputies of the State Duma have the right to initiate the removal of the President of the Russian Federation from office; 2) in order to accuse the President of committing high treason or another grave crime and to make a final decision on this issue, the State Duma forms a special commission, which, upon the fact of the accusation, by a majority of votes (226 deputies) issues its conclusion; 3) the accusation of the President of high treason or the commission of a serious crime by him must be confirmed by two conclusions: a) of the Supreme Court - on the presence in the actions of the President of the Russian Federation of signs of such (such) crimes; b) the Constitutional Court - on compliance with the established procedure for bringing charges; 4) decision about O. from d.P. RF must be adopted by the Federation Council no later than three months after the State Duma charges against the President. If the decision of the Federation Council is not adopted within the specified period, then the accusation against the President is considered dismissed. Decisions of the State Duma on bringing charges, and the Federation Council on O. from d.P. RF. are adopted by the chambers by a qualified majority - 2/3 of the total number of votes in each of the chambers (respectively 300 and 119). O. otd. The P. of the Russian Federation terminates his powers from office, he loses immunity and can be prosecuted on the same basis as other citizens.
An attempt to remove the President from office in accordance with the above procedures was undertaken by the State Duma of the second convocation in May 1999. However, the chamber did not receive the number of votes necessary to make this decision in the voting process. Fewer than 226 deputies of the State Duma voted for the decision to bring charges against the President.
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REMOVAL OF THE PRESIDENT OF THE RUSSIAN FEDERATION
a measure of the constitutional responsibility of the President of the Russian Federation, expressed in the early termination of his powers in connection with the commission of certain offenses.
The oath from the D.P. of the Russian Federation was provided for when the post of President was introduced in 1991. According to the Constitution, he resigned from office if he violated the Constitution of the RSFSR, the laws of the RSFSR, as well as the oath given to him. Such a decision was made by the Congress of People's Deputies of the RSFSR on the basis of the conclusion of the Constitutional Court of the RSFSR by a two-thirds majority of the total number of deputies at the initiative of the Congress, the Supreme Soviet of the RSFSR or one of its chambers.
The voting procedure of the Congress of People's Deputies of the Russian Federation was used once - in March 1993. In April 1993, the Congress appointed a referendum on the main provisions of the new Constitution of the Russian Federation. However, on March 11, 1993, the VIII Congress decided to cancel the referendum. In response, on March 20, 1993, the President announced on television his Decree on a special procedure for governing the country and on the appointment of a referendum for April 25, 1993 - on the issue of confidence in the President of the Russian Federation, as well as on the draft new Constitution (the entire text, and not only basic provisions) and the law on elections to the federal parliament.
At the urgently convened IX Extraordinary Congress of People's Deputies on March 28, 1993, proposals were voted on the removal of the President of the Russian Federation from office and on the recall of the Chairman of the Supreme Council of the Russian Federation. Voting was by secret ballot with one ballot for both candidates. Of the 1,033 deputies, 924 received ballot papers, and 909 ballot papers were found in the boxes when opened. 617 deputies voted for the dismissal, 268 against. A qualified two-thirds majority, i.e. 689 votes, was required to pass the decision, so the proposal for the dismissal did not pass.
According to the Constitution of the Russian Federation of 1993 (Article 93), the President of the Russian Federation can be removed from office by the Federation Council only on the basis of an accusation of high treason or other serious crime brought by the State Duma (DG). The Constitution of the Russian Federation does not provide for other grounds for dismissal.
This is the withdrawal process. A proposal to bring charges against the President of the Russian Federation may be submitted on the initiative of at least one third of the deputies of the State Duma from their total number. The Duma forms a special commission and receives its opinion on the merits of the issue. According to the Regulations of the State Duma, the discussion of the proposal of the deputies is held at a meeting of the State Duma, at which the authorized representative of the deputies of the group that made the accusation and the chairman of the special commission speak. Speakers deputies, experts; authorized representatives of the President and the Government in the State Duma may take the floor out of turn. The State Duma decides on bringing charges against the President by two-thirds of the total number of deputies of the chamber. The decision is made by secret ballot using ballots.
The decision of the State Duma is submitted to the Federation Council (SF), as well as to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. The Constitutional Court gives an opinion on compliance with the established procedure for bringing charges against the President, and the Supreme Court - an opinion on the presence of signs of a crime in the actions of the President. At a meeting of the Federation Council, consideration of the issue begins with a report by the Chairman of the State Duma on the grounds for bringing charges against the President, then the floor is given to the Chairman of the Constitutional Court and the Chairman of the Supreme Court to announce the conclusions of these bodies. The opinion of the Committee of the Federation Council on constitutional legislation and judicial and legal issues is heard. The President is invited to the meeting of the Federation Council, he or his representative, at their request, may be given the floor. The decision of the Federation Council to remove the President from office is taken by two-thirds of the votes of the total number of members of this chamber. Voting is by secret ballot. The decision must be made no later than 3 months after the State Duma charges against the President. If the decision of the Federation Council is not made within the specified period, the accusation against the President is considered dismissed. (S.A.)
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