Institute of Presidency The concept of basic characteristics. Legal Dictionary: Institute of Presidency

In Russia, the presidential institution has existed since 1991. In 1990-1991 The presidential presidential, presidents in the republics of the former Union appeared, was enshrined.

The decision to introduce the institute of the presidency to the Russian state system was taken on a common referendum held in April 1991, and B. N. Yeltsin was elected by a universal vote on June 12 of the same year. At the beginning of its evolution, the presidency institute was significantly different from modern. It was created to restore the authority of state power and strengthen the executive power to ensure compliance with laws in the country.

Some of them are similar to those currently, while others have lost their legal and practical importance. In this law, the president was characterized as a higher official and head of the executive power in the RSFSR. Thus, the status of the president was made up of 2 main components: he was simultaneously the actual head of state and the constitutional head of the executive. However, in this form, the presidential institution existed for long. The constitutional crisis, which ended in the events on October 3-4, 1993, led to the adoption of a new constitution, otherwise determining the status and powers of the president. The law "On the President of the RSFSR" was recognized as a presidential decree in invalid and not subject to use as contrary to the Constitution of the Russian Federation.

The Constitution of the Russian Federation of 1993 established a new system of state authorities. Constitution of the Russian Federation. - M.: Legal literature, 2003.

The American model of the Presidential Republic was rejected, where the president combines the post of head of state and the head of government in one person. The choice was made in favor of the French model of the mixed, semi-repiest republic, in which there is a distinction between two officials - the head of state and the head of government.

Thus, the presidency became an innovation for the Russian Federation. Therefore, the analysis of the Presidential Institute in the state power system of Russia is a relevant direction in state-legal research.

President of the President of the Russian Federation

The President as a state institute occupies a special, specific position, covering its activities the whole wide range of issues of state importance. Its special situation is reflected in the structure of the Constitution of the Russian Federation, in which the description of the system of state bodies begins with the head of the president.

The symbol of the presidential power is the Standard (Flag), which is a square cloth and colors of the State Flag of the Russian Federation with a gold depicting of the state coat of arms in the center. A silver brace with the engraved last name, the name and patronymic of the president and the dates of his stay in this post, is attached to the flag. Suvorov V.V. Institute of Head of State: Legal Nature and Position in the System of Power

The foundations of the status of the President of the Russian Federation are fixed in Art. 80 Constitution of the Russian Federation. The President is the head of state. In the constitutional law, the concept of the head of state is accurate and unequivocally defined. The Constitution of many foreign countries does not use this term at all, and the powers of the head of state can be determined by the current constitutional practice. But usually the head of state is a person who embodies the idea of \u200b\u200bthis state, both in the internal affairs of the state and in international relations. It can be called the symbol of the state and the official representative of the entire people.

The President is the guarantor of the Constitution of the Russian Federation. He controls compliance with the constitutional norms by all authorities of the state. It imposes a veto to laws, not relevant to the Constitution, suspends the acts of acts of the executive authorities of the constituent entities of the Russian Federation. It is endowed with the right to cancel the orders and decisions of the government. Finally, to fulfill the function of the guarantor of the Constitution of the Russian Federation, it can not only personally, but also by appealing to the competent authorities - first of all the courts. The President has the right to send requests from the constitutionality of various regulatory acts to the Constitutional Court and apply to the Constitutional Court on the interpretation of the Constitution.

The president assigned a guarantor of human rights and freedoms and citizen. It implements this feature in his personal activity, the issuance of decrees and introducing draft laws in the state of legislative initiative to the State Duma. Decrees and laws can be aimed at protecting the legal status of the individual in general or regulate the status of individual groups of the population: pensioners, military personnel and other groups in need of protection from the state. Presidential Commission on Human Rights.

The President is intended to take the necessary measures to protect the sovereignty of the Russian Federation, its independence and state integrity. Protection

sovereignty, independence, security and integrity are the direct responsibility of the president named in the oath, which he brings when joined the position.

The president is directly subject to the Minister of Defense and General Headquarters. Thus, in the manual of the armed forces, the principle of uniqueness and centralization of management.

The most important task of the president is to ensure the agreed functioning and interaction of government bodies. The 1993 Constitution first established that the state power in Russia both at the federal level and at the level of the subjects of the federation is carried out on the basis of separation on the legislative, executive, judicial. Constitution of the Russian Federation. - M.: Legal literature, 2003. In this regard, the issue of the nature of the presidential power arises. In foreign countries, if the form of the Board is the Presidential Republic, the president performs the functions of the head of the government, that is, it belongs to the executive. The feature of the status of the President of the Russian Federation is that it is not attributed to the Constitution of the Russian Federation to any of the branches of power.

Therefore, speaking of the imperfection of the current Constitution of the Russian Federation, many researchers lead as an argument that the president is derived beyond the separation of the authorities, he rises over all branches of state power, and thus the legitimacy of His Alliance is attached.

However, the provisions of the Constitution of the Russian Federation does not follow the exclusivity of the presidential situation in the system of government bodies. It stands on other branches of power, without concentrating in his hands the powers of other branches, and being only an arbiter in relations with them. The status of the president can only be considered in a close bundle with the authorities separation system. It is entrusted with the function of ensuring the unity of state power. The unity of power implemented by different authorities is the unity of targets and actions on fundamental issues of state policy.

At the same time, the very existence in the state system of several authorities implies their differences and mutual restrictions. Each of them performs its functions and is endowed with their authority, beyond which it is not entitled to leave. Naturally, the three authorities, carrying out their activities at the same time, cannot avoid contradictions. Allow them to be democratic, on the basis of the law.

In young democratic countries, where the institutions of civil society and democracy are not yet sufficiently developed and finally noted, the problem of constitutional cooperation and the interaction of the authorities becomes especially acute and painful. Instead of cooperation, the opposition of the authorities often arises, which is expressed in the "Cold War" between the president and the parliament, which took place in Russia in 1993.

Due to such serious conflicts, the entire system of power becomes unstable and unnaviable. But the separation of the authorities is designed to streamline the work of state bodies, and not to stop it even for a minimum term.

Therefore, there are special mechanisms that ensure coordination and consistency of the activities of all state authorities. These mechanisms are necessary just in order to prevent disagreement transformation into open conflicts that prevent the functioning of state institutions, or directly confrontation with the use of force.

The President has specific means to resolve conflicts and disagreements between government agencies. One of the effective and frequently used practices are conciliation procedures that provide opportunities to resolve relations between different state authorities. The conciliation procedures are designed to ensure the solution of problems without resorting to coercion. The essence of such procedures is in search of compromise solutions that satisfy all the arguing parties and ultimately in achieving mutual agreement. In all such cases, the president plays the role of the arbitrator, he acts as one of the parties to the conflict, but as nationwide authority.

Since the concept of conciliation procedures in the Constitution of the Russian Federation has not been deciphered, the president is given freedom in their choice. The use of conciliation procedures is fully built on optionalities. First, you can choose any type of procedure that is presented in this particular case most appropriate and arrange both sides. Secondly, the procedures themselves are informal.

Immediate negotiations are the most common type of conciliation procedures. In some cases, they help not only get out of the conflict situation, but even prevent the conflict itself. To overcome the disagreements arising, mixed commissions are created, which include representatives of the arguing parties. The participation of the President is manifested in the fact that he is engaged in the organization of negotiations, forms conciliation commissions. So, in 1996, the Commission on the issue of changing the Criminal Code, on the issue of budget.

There are other forms of procedures, for example, the creation of arbitration courts.

Conciliation procedures are a universal tool for resolving contradictions and can be used by the president in almost all cases of disagreement detection. If nevertheless, they do not lead to the adoption of an optimal decision, the president can convey the resolution of disputes to the relevant court.

The main role in ensuring the interaction of the main branches of the authorities (executive, legislative, judicial) is assigned to the President of the Russian Federation for the president, which according to Part 2 of Art. 80 of the Constitution of the Russian Federation ensures the agreed functioning and interaction of government bodies.

At the same time, the constitutional model of the Presidential Republic in the Russian Federation and the principles of the interaction of the authorities look in such a way that by the "checks" and "counterweights" ensure that the transformation of the President's Institute in the regime of personal power is ensured, unsound of the people or capable of ignore other branches of the state power of Russia. The problem is to fill this model with real social content and legally and actually guarantee society from authoritarianism. The legal conditions necessary for this in the current Constitution of the Russian Federation are available. No matter how widely the authority of the president, they are not irreplaceable. These powers are conjugated with the powers of other federal state authorities, and the relationship of the president and the legislative and executive bodies of the Russian Federation, the state authorities of the constituent entities of the Russian Federation are characterized not only by rights, but also of mutual responsibility.

The presidency is a relatively young institute in Russian constitutional and political practice. He raises his close interest. There was a lot of studies devoted to him. Most likely, this topic claims to become one of the "eternal" in Russia. However, it did not turn into extremely revealed. There are enough problems, and they require further analytical developments.

It is important to note that directing and ensuring the activities of all state bodies, the President is valid under the framework established by the Constitution of the Russian Federation. The legal status of the president covers several areas:

1. The President acts as the head of state;

2. The President is the Supreme Commander-in-Chief of the Armed Forces;

3. The president has legislative powers;

4. In the field of executive, the president also has extensive powers.

The President occupies an independent dominant in the system of bodies of the Russian Federation, carrying out state power, (and this is the president, the Federal Assembly, the Government) and its powers are aimed at ensuring the agreed interaction of all branches of the authorities, compliance with the Constitution of the Russian Federation, the protection of human rights and freedoms, the protection of state sovereignty . Art. 4 Constitutions of the Russian Federation

President of the Russian Federation for the Constitution of the Russian Federation 1993: common approaches

The former Constitution of the Russian Federation gave certain priorities to the highest representative body of state power - the congress of people's deputies, including in relation to the president. The congress was entitled to consider any question related to the management of the Russian Federation, heard the annual reports of the president, and if he considered it necessary, he could demand an extraordinary report from the president and to cancel his acts at any time.

The current Constitution of the Russian Federation not only does not give such priorities to the Parliament of the Russian Federation - the Federal Assembly, but also comes from the leading position of the president in the system of state bodies of the country. This was reflected even at the request of the Heads of the Constitution: Ch. 4 "President of the Russian Federation" precedes ch. 5 "Federal Assembly".

Earlier, the president was defined as the head of the executive and the highest official in the country. Now, according to Art. 80 of the Constitution of the Russian Federation, he "is the head of state." Calling the head of state, the president may be a nominal figure, and the leading role in government management belongs to the government. However, in Russia another model is elected, according to which we are not just strong, and the superstile president.

In accordance with the Constitution of the Russian Federation, the President is a guarantee of the Constitution of the Russian Federation, human rights and freedoms and citizen. In the manner prescribed by the Constitution of the Russian Federation, it takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities. Art. 80 Constitution of the Russian Federation.

The President in accordance with the Constitution of the Russian Federation and federal law defines the main directions of the internal and foreign policy of the state. He as the head of state is the Russian Federation within the country and in international relations.

We note that the model of the strong Russian president is most bright. The following factors can be distinguished.

The President is elected by the people, therefore, its powers are derived from the people who trusts the President of the highest government functions. So, according to Art. 81 of the Constitution of the Russian Federation, the President is elected by all Russian citizens who have an active election right, in general elections. By virtue of this, he receives a mandate of confidence not from parliament, such as in Germany or Italy, but from the entire population of Russia. Art. 81 Constitution of the Russian Federation.

The president in Russia on the constitutional model is not included in the system of separation of the authorities, but stands over all branches of power. This is clearly seen from the comparison of a number of norms. According to Art. 10 of the Constitution of the Russian Federation, state power in the Russian Federation is carried out on the basis of separation on legislative, executive and judicial. Public power in the Russian Federation is implemented by the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, the courts of the Russian Federation (Art. 11). Thus, the president also carries out state power.

The legislative is carried out by Parliament (Art. 94 of the Constitution of the Russian Federation), the executive power of the Russian Federation - the Government of the Russian Federation (Art. 110), the judiciary naturally belongs to the courts (ch. 7 of the Constitution of the Russian Federation).

The term "president" comes from Latin Pgasidens, which literally means "sitting ahead." Apparently, in the ancient times, the presidents were called chairs at various meetings. From this initial meaning of the word "president" subsequently arose such a position as, for example, the President of the Senate. However, in his current understanding as the head of state, the term "president" was not used during the Greek and Roman republics, nor during the existence of early bourgeois republics in England and the Netherlands. So, in England, which became the republic for a short time, the executive power instead of the overthrown monarch at first carried out the State Council. In the Netherlands, the powers of the executive branch also had the highest collegial body.

In the course of the European Republican practice, the process of forming executive in the United States of America was also initially held. At the first stage of American statehood, not only legislative, but the executive power was concentrated in one representative body - the Continental Congress. The sole chapter of the state at that time did not exist, and Congress chose from among its members of the president, whose functions were limited only to the chairmanship at meetings.

Very soon, most of the politicians of the Young American Republic came to the conclusion about the ineffectiveness of the activities of the Congress on the execution of laws and the need to share the legislative and executive authorities. At the same time, the delegates of the constitutional convention, gathered in 1787 in Philadelphia for the adoption of the US Federal Constitution, made the historical choice between the monarchy and the republic. Most of the Americans, who just ending with the domination of the British monarchy, were resolutely opposed to the creation of the highest executive authorities in the face of the monarch, even with limited powers. Because of this searches for the formation of the most acceptable form of executive, they went to the Convention on the basis of republicanism, providing for the election of all officials.

After a long debate among the Creators of the American Constitution, the idea of \u200b\u200bthe fact that the highest executive power should be united, i.e. Focus in the hands of one, not several officials. Thus, in the construction of the Federal Executive Authority, the United States initially approved the principle of unity. The head of the federal executive in the country became referred to in accordance with the Constitution, President of the United States of America. Such a name of the head of state was associated not only with the fact that the president was associated with the republican form of government, but also so that in a number of US states, at that time, the head of the executive was called the presidents, and not the governors.

As a result, the United States became the first country in the world, where the position of the president arose, which united the head of state and the head of government in one person. In addition, it was in the USA who originated the institute of the presidency as one of the most important institutions of the political system. Unlike other states of that time, where the executive power everywhere had a monarchical, hereditary character, in the US, the head of state began to elect during general elections.

The first was followed by the example of the United States in establishing the presidential system of the country of the country of Latin America. Already in the first half of the XIX century, under the influence of a powerful northern neighbor, the presidency was established in many South American countries. In Europe, the standard of government has become the United Kingdom, and a number of European countries have established a parliamentary, or office, the boarding system, in which the monarch remained the head of state, but the executive power was carried out by the Prime Minister and his Cabinet of Ministers, and the government became responsible to Parliament. The first European countries, where the position of President as the head of state was introduced, were in 1848 by the two republics - France and Switzerland. In addition to them, other European states (not to mention Asia and Africa) until the end of the 4th century. remained monarchies.

The XX century, such ambitious shocks, as revolutions, world wars, collapse of colonial empires, led to the formation of many new independent states. Not all of them became the presidential republics, but in the overwhelming majority was established by the post of president of the country. So, in Europe, after the end of World War I, the presidents became senior officials in Austria, the Weimar Republic, Czechoslovakia, Poland, Estonia, Lithuania, Latvia, Turkey. In the 30s-40s, the Presidential Institute began to spread in Asia; He was introduced by the Philippines, Syria, Lebanon. After the Second World War, Italy, Greece, Portugal, Iceland and Malta entered the number of Western European states headed by the presidents. In Asia, the presidency was established in South Korea, South Vietnam, Taiwan, India, Pakistan, Bangladesh, Iraq, Iran, Afghanistan.

In the Russian Federation, the presidency Institute was established on the results of a nationwide vote (referendum), held on March 17, 1991. The status of the President of the RSFSR was determined by the Special Law on the President of the RSFSR, the main provisions of which were then included in the text of the RSFSR Constitution. Currently, the order of election, competence and foundation of the termination of the powers of the President of the Russian Federation is regulated by ch. 4 The Constitution of 1993, the Constitution does not provide for the adoption of a separate law on the President, however, some of the issues of its status, the activities of the head of the head of state are governed by special regulatory acts (legislation on elections on state authorities).

However, the main role in the regulation and organization of the institute of the presidency is played by acts of President R.F. This circumstance is unlikely to be justified, since the law should be the main regulator in the named sphere.

The establishment of the post of president in Russia was determined by a number of objective and subjective factors, the tasks of strengthening the executive power, to increase its mobility and efficiency in making management decisions, improving the mechanism for the implementation of laws, strengthening state discipline, legality and law enforcement. The introduction of this post made it possible to end with an artificial compound as part of the status of the former chairman of the Supreme Council of the RSFSR Powers of the Head of State with the Rights Speaker Rights, which clearly contradicted the principle of separation of the authorities. The establishment of this position in the USSR in 1990, a well-known impact on the emergence of the Presidential Institute in Russia, in turn, in turn, an institution of the President of Russia led to the emergence of this institution of power in most republics as part of the Russian Federation.

The legal status of the President of Russia is based on the global experience of organizing presidential power. As in many other countries with the Institute of the Presidency, Russia uses the right of a denial veto, which gives the head of state without signing the law, but to transfer it to re-consideration of the Parliament.

From foreign experience, the procedure of impeachment contained in the Constitution of the Russian Federation is perceived - the presidential rejection of the president, the Institute of Appeal to the Parliament, etc. At the same time, the device of the presidential authority reflects the Russian conditions of political life and does not give reason to talk about mechanical copying of the experience of any country.

The most important features of the Organization of the Presidential Institute in the Russian Federation are enshrined in its constitution.

1. The Russian design of the presidential power combines signs of various classical models of the presidency Institute.

For a number of main positions, the Russian model is definitely to the purely presidential republic. Her main feature is control over the formation and activities of the government, leadership. The US Constitution, for example, does not provide for the government as a separate executive body. Its functions executes the presidential administration.

In the Constitution of the Russian Federation, the president is characterized as the head of state (Part 1 of Art. 80), it determines the structure of the government, appoints and relieves its members, decides its resignation. The appointment of the presidency of the government is carried out with the consent of the State Duma, but here the decisive word remains for the president.

Nevertheless, it would not be quite reasonable to talk about the full compliance of the Russian model of the organization of the power of the pure presidential republic. In Russia (unlike the United States and other presidential republics), the head of state is not at the same time the head of government, and the right to chair at its meetings is not identically identical to the function of direct guidance.

2. A distinctive feature of the relationship between parliament and the president in Russia - the presence of elements of the political responsibility of the government not only to the president, but also before the parliament. The State Duma can express the distrust to the government, the decision on which is made by a majority vote from the total number of its deputies.

The organization of the presidential power in Russia is based on the use of elements and semi-presidential republic. Especially much in common with the presidential power in Russia with the model of its organization in France. In particular, in both countries, the presidents have similar rights (the right to send the adopted law to a new discussion, the right of dissolution of the Legislative Chamber of Parliament, the right to direct the draft law on a referendum, bypassing parliament, etc.).

However, here the Russian model has a number of principal features. So, the Russian President defines the main directions of the internal and foreign policy of the state, while in France it is the prerogative of Parliament. According to Art. 50 of the France Constitution, if the National Assembly adopts the resolution of the censure or if it does not approve the program or the Government's General Policies Declaration, the Prime Minister must give President about the resignation of the government. In this case, the President is obliged to send a government to resign, although along with this may decide on the dissolution of the National Assembly. According to the Russian Scheme, the President of the Russian Federation has the right not to send the government to resign, but can dissolve the State Duma under certain conditions.

In contrast to the Constitution of France, the Constitution of the Russian Federation does not provide for the rights of signatures (countessignment) of the president's acts by the Prime Minister, which acts as a means of coordinating the head of state of their decisions with the government. In practice, the activities of the President of the Russian Federation in some cases is used to sight its decrees by a number of officials, including the Chairman of the Government. However, it does not have a mandatory value to give the legal force to the act of the head of state.

Consequently, the Presidential Institute in Russia combines the features of both the presidential and semi presidential republic.

3. According to Art. 80 Constitution of the Russian Federation President is the guarantor of the Constitution, the rights and freedoms of man and citizen. First of all, Art. 80 addressed to the activities of the president himself, which should strictly comply with the Constitution and be aimed at ensuring the rights and freedoms of a person and a citizen. Performing a named function, the president has the right to demand from all federal bodies and authorities of the subjects of the Federation of steady compliance with the Constitution, the rights and freedoms of man and citizen.

If the president considers the acts of the Federation Council, the State Duma, the representatives of the authorities of the subjects of the Federation are unconstitutional, it cannot cancel them or suspend the action.

He is entitled to apply to the Constitutional Court with a petition for recognizing such acts by unconstitutional and termination of their action. Acts of the executive authorities, directly subordinate to the president, he may, according to their inconsistency of the Constitution and violation of the rights and freedoms of a person and citizen, cancel (acts of the Government of the Russian Federation, federal ministries, departments) or suspend their action to resolve the issue to the relevant court (acts of executive authorities of the subjects Federation). All this testifies to the prevalence of authority to monitor the compliance with the Constitution.

Speaking as a guarantor of the Constitution, the rights and freedoms of man and citizen, the president has the right to evaluate the content of the activities of the bodies accountable to him (governments, the Security Council), as well as the heads of those state structures on which it contributes to personnel appointments.

The President of Russia also has a number of other legal permissions to influence constitutional legality in the country. In Message to the Federal Assembly, he can state his vision of this problem and orient the Parliament to implement the priority bills in one or another sphere of public life.

By implementing the right of legislative initiative, the head of state can make draft laws on changes and additions to the Constitution, federal constitutional and federal laws. Controlling the government, the president has a significant impact on the formation of a state budget project, consuming public funds, which directly affects the level of social support for the population, the implementation of socio-economic rights of citizens. In the arsenal of the president and such tools for the protection of citizens' rights, as a solution to issues of citizenship and political asylum, the implementation of pardon, etc.

The Constitution of the Russian Federation connects the role of the president as a guarantor of the Constitution with its activities to ensure the fundamental rights and freedoms of a person and a citizen. Therefore, the main thing in the activities of the President is the creation of conditions for the implementation of the constitutional rights and freedoms of a person. Of course, another: the real state of affairs with the rights and freedoms of Russian citizens is the main criterion for assessing the activities of the president.

3. The President of the Russian Federation in the manner prescribed by the Constitution provides protection of its sovereignty, independence and state integrity (Part 2 of Art. 80 of the Constitution).

The problem of protection by the president of the sovereignty and territorial integrity of Russia has both external (protection against aggression) and internal (protection against separatism) aspects.

4. President of the Russian Federation in accordance with Art. 80 constitution provides the agreed functioning and interaction of government bodies.

The separation and independence of the authorities do not exclude the need to coordinate their efforts, close cooperation in addressing issues of economic and social development. In the Russian Federation, coordination functions are assigned to the president as head of state. For this, it is endowed with authority (Art. 83, 84 of the Constitution), giving it the opportunity to influence all branches of power. Such coordination is visual, for example, when solving the most important personnel issues.

The President interacts with the State Duma (in connection with the appointment of the head of the government, the Chairman of the Central Bank), and with the Federation Council (in the formation of the Constitutional Court, the Supreme Arbitration Court, the Supreme Court, the appointment of the Prosecutor General), and with the President of the Government (in the appointment and release of members Governments). Of course, the appropriate authority of the president is his duties.

The need for such coordination occurs and in relation to legislative activities, where it is extremely important to use the potential of all authorities, to combine the developments and the professionalism of the executive power with the possibilities of the deputies to express the decisive opinion on the fate of the draft laws. That's why

The president is not just endowed with the right of legislative initiative; It should make most of the bills in the State Duma. In addition, through the right to return the State Duma, the bill with his comments (the right of the denotation veto) he has the opportunity to defend his point of view about its content.

The presence of the President of the Russian Federation wide powers, the levers of influence on all branches of the authorities gives reason to talk about bringing it from the general system of separation of the authorities, elevation over all its branches. Giving the opportunity to ensure the unity of the divided branches of state power, a similar organization of the institute of the presidency to a certain extent weakens the system of "checks and counterweights", control over the activities of the head of state by other federal bodies.

For the theoretical substantiation of this provision, an attempt was made to substantiate the presence of a special branch of power - "presidential". This kind of idea is not only formally contrary to the principle of separation of the authorities, but in essence destroys it. This principle excludes the possibility of direct leadership of one branch of power to another. The president has functions to lead the government. It turns out that the "presidential" branch of government leads the executive.

5. In accordance with the Constitution of the Russian Federation, federal laws president determines the main directions of the internal and foreign policy of the state (Part 3 of Art. 80). This formulation does not mean that the president solves the question of the internal and foreign policy of Russia. Its development is the result of the complex interaction of various political forces and branches of state power.

The main parameters, directions of the state policy of Russia are defined in its constitution, which is not only a legal, but also by the final political document expressing the compromise of various political forces. Therefore, the activities of the president aimed at identifying the main directions of state policy is limited by the Constitution.

An important mechanism for developing a policy of state is the Federal Assembly, which presents not only different political parties and movements (State Duma), but also all subjects of the federations (Federation Council). The main tool for determining the polishing of the Russian state by Parliament is legislative activities. Through the law, major issues of economic, social policy, the problems of interethnic relations, the fight against crime, etc. The presidential activity must comply with the laws that also limits its impact on government policy.

At the same time, the president has great powers in identifying the main directions of the internal and foreign policy of the Russian Federation. They relate to personnel policies, leadership of foreign policy activities, participation in the formation of legal policies, leadership of the current socio-economic policy.

The noted features of the constitutional status of the President of the Russian Federation largely characterize the specifics of the organization and functioning of the Presidential Institute in Russia. As for the norm of Part 4 of Art. 80 of the Constitution of the Russian Federation, in accordance with which the President of the Russian Federation as the Head of State presents the Russian Federation within the country and in international relations, it reflects the generally accepted world practice.

The place and role of the President of the Russian Federation in the system of federal state authorities. Distinctive features of the constitutional legal status of the head of state in Russia from foreign countries.

The procedure for election and entry into the position of President of the Russian Federation.

The Constitution of the Russian Federation (Art. 81, 82) defines the term of office of the president, the conditions and procedure for its election and entry into office. Constitutional standards for the election of the President of the Russian Federation are developing in the Federal Law "On Elections of the President of the Russian Federation" of January 10, 2003

The 1993 Constitution establishes that the President of the Russian Federation is elected for a period of five years. Restriction of the term of office of the president, as well as the norm of Part 3 of Art. 81 The Constitution that the same person cannot hold the position of President of the Russian Federation more than two consecutive terms, are important legal barriers that exclude the transformation of the Institute of Presidential Power in a lifelong position.

The Constitution of the Russian Federation established a number of requirements (centers) imposed on the presidential candidate. First, only a Russian citizen can be elected president; secondly, he must constantly live on the territory of the country for at least 10 years; Thirdly, the president cannot be younger than 35 years old.

The last requirement is due to the special importance of the functions of this official, to carry out large life experience and management skills. The Constitution of the Russian Federation does not provide for the upper age limit for the presidential candidate (previously it was 65).

To the conditions and order of election of the president, the issue of his entry procedure is adjacent.

There is a certain transitional period between the summary of the election of the elections of the new president and his entry into position, it is necessary for organizing completion of the activities of the former president and its government and prepare for the implementation of state functions by the newly elected president. The obligatory attribute of the president's entry into office is to bring them oath.

The latter is brought in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma, judges of the Constitutional Court of the Russian Federation. Usually, at the oath ceremony there are other representatives of federal state authorities, cultural, science, politicians.

The president embarks on the execution of powers from the moment of taking the oath. From this point on, as a general rule, the powers of the former president cease.

However, the powers of the president may stop early in the case of it: resignation; persistent inability for health reasons to exercise their powers or deposits; of death. The authority of the president ceases early, and in the loss of Russian citizenship.

Under the resignation of the president, according to the generally accepted practice, a voluntary care is understood from his post. The Constitution of the Russian Federation does not specify the resignation formula, does not establish the motives for making such a decision, does not indicate the authority to which the resignation will be drawn, does not answer the question of whether any decision should be made, does not regulate other aspects of the resignation procedure. The decision of these issues is extremely important for the practical application of the Reference Institute.

That is why their detailed legal regulation is needed at the level of the Federal Law. President B. Yeltsin's resignation December 31, 1999 confirmed the presence of significant gaps in legislation. The procedure for transferring the attributes of the presidential authority was determined by the outgoing president himself and passed without the participation of representatives of other branches of government.

In case of termination of presidential functions due to the resistant inaptity of the president for health reasonsin the federal law, it is not defined, who and how establishes the fact of having a persistent inability, what is its criteria, how to ensure this kind of decision, who will be represented. In the norms of the Federal Law, it is necessary to answer all these questions. In any case, legal guarantees must be created, preventing abuses in the process of implementing this constitutional norm.

The procedure for rejugging the president from office is registered in the Constitution in detail. Decision of the president from office is the type of constitutional responsibility of the head of state for the commission of state, treason or other serious crime. In addition to the general criminal liability, which every citizen of Russia is boring for such actions, for the president is responsible in the form of deregistration.

Contained in Art. 93 The Constitution of the Concept "State Treason" and the "grave crime" are specified in Art. 275 of the Criminal Code. Under state treason, espionage is understood, issuing state secrets or other assistance to a foreign state, a foreign organization or their representatives in conducting hostile activities to the detriment of the external security of the Russian Federation.

Current crimes are recognized by deliberate and careless acts, for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed ten years in prison.

Obviously, under the constitutional concept, the "grave crime" falls and provided for by Art. The 15 Criminal Code of the Russian Federation, especially grave crimes, for which the commission of over ten years of imprisonment is provided or more severe punishment (for example, a life imprisonment).

The disposal procedure is implemented on the basis of the close interaction of the chambers of the Federal Assembly. The prosecution of the president in the commission of state treason or another grave crime is highlighted by the State Duma. The initiator of the initiation of the issue of the presidential detachment, according to Part 2 of Art. 93 of the Constitution of the Russian Federation, there may be a group of deputies of the Duma. With the fact that the total number of the Duma is 450 people, the composition of the initiative group should be at least 150 deputies.

The materials submitted by the initiative group are subject to consideration at the meeting of the Chamber. In case of solving the issue of continuing the procedure for rejecting the Duma by a majority of votes forms a special commission to prepare a conclusion on this issue.

The main task of the Commission is a detailed study and discussion of materials collected by the initiative group, attracting new materials and documents confirming or refuting nominated charges by president of a grave crime. The Commission has the right to demand documents from state bodies, request explanations, to receive other necessary information.

The special conclusion prepared by the Commission is transmitted to the Duma and is discussed at its meeting. In the meaning of Art. 93 Constitution To continue the procedure for rejugging the president, the Commission's conclusion should confirm its guilt and testify to the presence of reasons for deregistration. Otherwise, the presentation of the conclusion loses its meaning. According to the results of the discussion of the conclusion, the Duma may be decided to nominate the prosecution of the president in the state treason or the commission of another grave crime. This decision is made by two thirds of votes from the total number of deputies.

The prosecution nominated by the Duma is sent to the Supreme Court and the Constitutional Court of the Russian Federation. The Supreme Court makes conclusion about the presence or absence of a presidential actions of the appropriate grave crime. The conclusion of the Supreme Court does not have the legal force of the sentence, it can only be used within the framework of the presidential deduction procedure. The Constitutional Court makes conclusion on compliance with the corresponding order of prosecution, i.e. The object of analysis is the activities of the State Duma, the Initiative Group and the Commission on the preparation of the conclusion on the depreciation of the president.

The decision to renounce the president from office adopts the Federation Council by a majority of two thirds of the votes from the total number of its members. The decision of the Federation Council is issued by a special decree.

The decision of the Federation Council on the renunciation of the president from office is made no later than a three-month period after nomination of the State Duma accusation against the head of state. If during this period the decision of the Federation Council will not be accepted, the prosecution against the president is considered rejected (part 3 of Art. 93 of the Constitution). For an objective solution to the question of the fate of the presidential powers, the Constitution establishes that the State Duma cannot be dissolved from the moment of nomination against the president before the decision of the Federation Council (part 4 of Article 109 of the Constitution).

From the moment of early termination of the powers of the president on the above grounds before the election of the next chapter of the state, the relevant state functions temporarily performs the Chairman of the Government of the Russian Federation (Part 3 of Art. 92 of the Constitution). The acting president has no right to dissolve the State Duma, to appoint a referendum, as well as make proposals for amendments and revising the provisions of the Constitution.

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in the discipline "Political Science"

1. Institute of Presidency (history and modernity)

1.1 The history of the formation of the Presidential Institute

The concept of "president" comes from the Latin language, and literally means "sitting ahead." Obviously, in ancient times, the presidents were called presidency at different meetings. From this initial value of the word subsequently arose a position, as, for example, the President of the Senate. But in today's understanding, the term "president" was not used in the time of Greek or the Roman republics, nor at the stage of the existence of bourgeois republics in the territory of England and the Netherlands. So, in the territory of England, which became the republican in return on the republican, the executive authority instead of the overthrown monarch carried out the State Council. In the Netherlands, the highest collegial body has also possessed the competence of the executive.

The United States of America became the first country where the position of the president appeared, which united the head of state in the only person, as well as the head of government. In addition, it was in the United States that the institute of the presidency as the most important institution of the political structure was formed. In the distinction with other states of that period, where the executive has had a monarchical nature, the chapter began to elect in the process of general elections.

The first European countries where the position of the president was introduced as the head of state was introduced, France, as well as Switzerland. In addition to them, other European states before the end of the XIX century remained monarchies.

In the 20th century, such shocks, as world wars, split colonial empires, the revolution entailed the formation of many new independent states. Not every of them became the republic of the presidential type, but in the overwhelming majority was the post of president of the country.

Fundamental transformations occurring at the World Arena since the late 1980s stimulated the further popularization of the Institute of Presidential Power. Almost every former Republic of the USSR, as well as the republics of the former SFR, in the Czech Republic, Slovakia was established by the post of president. The same post formed Mongolia Currently, the presidency is a mandatory element of the political systems of a large number of Europe, Asia, America, Africa. At the same time, each country itself predetermines, what role the president should play in its socio-political life. In Russia, the presidency was introduced since 1992.

The powers of the head of state, its and the situation in the political life of one or another country are predetermined primarily by the relevant standards of the Constitution.

In addition to the establishment of the legal status of the President as the head of state or as head of the highest executive, numerous constitutions contain a list of socially important moral and political, as well as civil obligations that the president must follow the entire period of their own powers. First of all, the president is required to in any particular actions he constantly comply with the Constitution and other laws of his country.

The main law of some countries enshrines the role of the arbitrator among the various forces in the country and society. Based on the France Constitution, the president must provide its arbitration to the normal work of the public authorities. A similar role is assigned to the president and the modern Russian Constitution: the president must take measures to protect the independence of the Russian Federation, its independence, as well as state integrity, ensures the functioning of the authorities in the state.

The standards of the Constitution of many countries provide for: the president in its work should not protect the interest of any individual social subgroups and layers, but to achieve the benefit of society as a whole.

This kind of commitment, as well as officially established standards of the president, are aimed at strengthening the authority of the post of head of state.

The emergence of certain managerial systems in various states is due to many factors. A significant imprint on this process imposes the specificity of the country's historical formation, the specificity of its socio-political culture, the tradition of statehood, parity of various political forces during the development and approval of the Constitution. A subjective factor is of great importance in the selection of the board system, which is manifested in the face of the political leader, under what a substantial extent is the entire structure of state power and management. Due to some countries, a parliamentary system of government was established, with what function of the head of state performs the constitutional monarch or the president, however, the true executive power is concentrated in the hands of the government, which is accountable to Parliament, and in other - the direction to establish a strong power of the president balanced by other institutions Either the legislative, as well as the judiciary superior in their own powers. On the current political map of the world there are such countries that generally cost without a presidential post, which confirms all the variety of statehood forms. The president of this model is endowed with wide, as well as various powers, but it is valid only within the framework of the federal executive, as well as, due to the principle of differentiation of the authorities, it is not possible to alolibly manage the entire state apparatus. Its full partners, as well as counterweights in this area, are Congress and the Supreme Court.

1.2 Institute of Presidential in the system of separation of the authorities

According to the consension of the authorities, the presidential power is usually considered as executive. Often the relevant position is contained in the Constitutions (USA 1787, Philippines 1986, Brazil 1988, Azerbaijan 1995, etc.). However, many basic laws do not give the characteristics of the power of the president. In a word, in the constitutions of the countries of the world, the question of the nature of the presidential power does not have a unambiguous answer, it often does not have any characteristic in the concepts of separation of the authorities.

Such a lack of certainty in most new constitutions, especially those adopted in the last decade, is not accidental. In modern conditions of many countries, the presidential authority occupies a special position, it, as well as "government power" is characterized by uniqueness.

Determining the nature of the presidential power, should be proceeding from the interpenetration of the various branches of the famous triad: with undoubted dominant in each branch of the authorities, which defines its essence, there are some of them, sometimes small, and often significant elements characteristic of the whole branch . From the above, we can conclude: the nature of the presidential authority cannot be "tightly" to bind only to one of the elements of the triad of the separation of the authorities, especially in the face of some forms of government.

To understand the nature of the presidential authority, it should be borne in mind not only the briefness of the boundaries between the branches of power and the process of replication of new branches, but also three other points, the system of checks and balances of the authorities, their interdependence and the right interpretation of the Regulation on the unity of state power. In the conditions of the democratic system, the presidential power cannot be infinite.

When evaluating the place of the presidential power in society, not only the separation of the authorities with the subsequent refinements of this concept cannot be ignored by the equally important problem of the interaction of the authorities and in general - the unity of the authorities itself.

1.3 The main features of the modern institute of the presidency

"The presidency Institute in most cases is the head, designed to personify and provide state integrity and unity, the effective functioning of all" authorities ", primarily executive."

The president may occupy a different position in the system of state power: to be only the head of state (Germany), at the same time the head of state and executive power (Brazil, USA), the head of state and the actual head of the government in the presence of a special office of the Administrative Prime Minister (Egypt, France). The President is elected for a certain period: three years in Latvia, four years in the USA, five in Brazil, six in Egypt, seven - in Kazakhstan and in France. There were, however, "lifelong presidents", as well as the presidents who occupied their posts in other ways than the elections.

The theory of modernization arose in the 1950s. To justify Western's policies for developing countries. As the famous Russian political scientist indicates A. I. Soloviev, "At that time, the term" modernization "meant simultaneously and the stage (state) of public transformations, and the process of transition to modern societies. He carried the regulativity, the designality of the transition to Modern, the embodiment of the criteria of modern society, which must be taken into account in not well-developed societies. "

The above view of the view was up to the end of the 60s. XX century And often justified itself. However, the growth of new industrial countries in Asia has somewhat modified the understanding of political modernization as the process of full-responding to Western standards of the political device. Japan's experience, South Korea, Thailand and Singapore showed that not all political institutions taken as samples from developed Western countries worked on new soil as efficiently as in indigenous political systems.

The experience of successful modernization shows that the "optimal form of a political superstructure during the formation of capitalism is centralization, authoritarianization of state power. The limiting concentration of state power in the hands of the ruling top, most often personalized in one person, in society, consisting of antagonistic social forces, in a certain sense is objectively due to the period of global change of structural nature. "

Spontaneous modernization is characteristic of the countries of the first echelon of capitalist development, to which the UK can be attributed, France, Holland, Northern Germany, in part Northern Italy, Switzerland, and later the United States of America and Canada (4).

The second echelon modernization is represented by the countries of Eastern and Southeast Europe, Japan, Turkey and Russia. In them, due to the borrowing of excellence, a forced passage of the path was happening, overcoming the decade and even centuries from more developed states. And Japan managed in the second half of the XX century. Sign in the number of the countries of the first echelon, and in many respects to surpass them.

In addition, a significant proportion of countries engaged in catching modernization is the so-called third echelon, it belongs to the overwhelming majority of Asian countries, Africa and Latin America, for which the bizarre combination of traditional and "enclave of modernity" is characterized.

During the period of social modernization, the role of state authorities, which is forced to respond to numerous challenges and threats to political stability increases. The state acts as an organizer of modernization, its main agent. Therefore, under these conditions, authoritarian regime is widely distributed, with varying degrees of efficiency trying to solve development problems.

As historical experience shows, authoritarianism is inherent in both the countries of the first echelon and the societies of late modernization. In this regard, it is possible to recall the phenomenon of Bonapartism in European societies, which was pointed out by the famous Russian orientalist, Academician N. A. Simonia. Under it is understood to "authoritarian political regime based on the army and politically undeveloped social layers. At the same time, state structures become a means of preserving and strengthening the personal authorities of the head of state, using practically no limited manipulation. "

The inconsistency of modernization to democratic modernization is sufficiently conditional, since the result of socio-political modernization is often anti-democratic regimes, although they declare the construction of a democratic society. This occurs largely due to the fact that modernization projects carried out in most countries of the transition period are based on their theoretical constructions to change the essence of the structural or functional characteristics of political institutions, considering their improvement almost the only way to change and political culture of society, and the political system generally. The requirement of a speedy economic growth was identified with a radical transition to democratic standards and procedures as a condition for the accelerated development of society. A number of Western authors, however, consider this look erroneous, because at the acceleration of the pace of democratic reforms, such as quick rollbacks may be followed, threatening the loss of stability of the political system.

As practice has shown, the majority of countries who have embarked on the path of political modernization, which the priority of the achievement of democratic standards was raised, was consolidated by the presidential form of government in its constitutional structure. This can serve as one of the basic patterns of the development of the institutional subsystem during the upgrade period. Such regularity is not accidental. There are several reasons for this.

The first reason lies in the specifics of the political systems of modernizing societies, which were characteristic of them before the start of transformations. As a rule, these states had authoritarian or totalitarian political systems. A strictly hierarchized structure of political power could not be outlined in a short time. Moreover, the transition to the system with a democratic device often caused shocks that have reduced all the efforts of the reformers and led society to the next turn of authoritarian development. Typical examples - Iran and Indonesia. Therefore, up to the beginning of the 80s. XX century There was an installation to be recognized for some strengthening authoritarian trends during the period of modernization the role of the necessary condition to ensure the stability and consolidation of the Company. Although foreign researchers tend to believe that "when creating new political institutions, it should be guided by the principles of justice, and not instrumental rationality."

The second reason has a deeper basis, it lies in the field of political and cultural preferences of the modernizing society and is associated with the level of legitimacy of new implementing structures. Take, for example, the region of Central Asia. As A. M. Khazanov writes, "Currently, Central Asia is subordinated by the past. Not only traditions and institutions, ascending to the Soviet past, but some of those originations of which are traced in a pre-revolutionary colonial or even in the pre-colonial traditional past, still not died finally and have a negative impact on the current situation. "

An important trend in the formation of political regimes in the countries of the catch-up modernization is the concentration of power in the hands of the presidents. In the first years of independence, under the influence of the British or French system in most countries of the Third World, there was a peculiar division of the executive power between the head of state and the head of the government, which brought to acute personal rivalry. As a rule, it has completed "the creation of a monocephalous republic, in which all the fullness of power has been concentrated in the hands of the head of state. The President, being the highest official and the Supreme Representative of the state, simultaneously endowed with the most developing countries with real power to leadership and managing state affairs. He appoints the Prime Minister, if such an institution is envisaged at all, or it helps his functions, appoints members of the government who are responsible to him. At the same time, the head of state itself is a carrier of government power - in most countries of parliamentary responsibility for their activities, it does not bear or the mechanism of this responsibility is so complicated that it is almost impossible to bring it into action. In a number of countries, the main law provides for the possibility of attracting the president to judicial responsibility (impeachment) for state treason. However, the application of the impeachment procedure (or similar to it) is even more difficult and does not occur in practice. "(14).

The combining feature of the political regimes of developing countries is the personalization of power, the high role of the subjective factor. In some states, the political leader is at the same time becoming the "head of the only or ruling political party, the president, and sometimes the prime minister and the immediate supervisor of several most important ministries, and, finally, the expressive, and often the founder of official ideology (Nkrumism in Ghana, mobutium in Zaire , the concept of zambian humanism, the idea of \u200b\u200b"directed democracy" in Indonesia at Sukarno, the concept of "led by democracy" in Cameroon, etc.) "(15).

However, the main question seems to lie in a few other planes. It is more important not to the type of political regime, but its compatibility with the objectives and objectives of modernization. After all, it is no secret that in some cases the regime leads to the conservation of backwardness, and in others it contributes to the dizzying takeoffs of the country. Concepts generally accepted: "Japanese miracle", "Korean Miracle", "Chinese", "Chilean", etc.

Therefore, in the context of the topic of our study, we are particularly interested in "authoritarian development", or "authoritarian of modernization", which retains all the features inherent in this type of political regime: dominance of the state over society, the executive branch of the authorities over others, restriction of the legal opposition, etc. At the same time, it is distinguished by a number of special signs.

First, at a certain stage, development authoritarian acquires a softened form and shows the ability to self-transformation. This is due to the fact that it "cannot but be concerned about the search for a social support outside the traditional ruling groups, expanding its mass base. Hence the need to "listen" relevant social groups, to establish a feedback mechanism, etc. In principle, the "authoritarian of modernization" is compatible with some elements of political liberalism - the existence of political parties (let the top and controlled), legal norms and even relatively "free" press. The degree of gradual "mitigation" of an authoritarian regime, its democratization (sometimes - voluntary, sometimes forced) is an important indicator of how much it fits into the modernization process. "

Secondly, "indicators of the functionality of an authoritarian political system at the stage of modernization of developing society are the conduct of an effective economic strategy aimed at overcoming peripherals, national integration, ensuring political sovereignty. These tasks are solved by a combination of various methods, including repressive. "

B-third, development authoritarianism is characterized by a rather high degree of consensus in society, relies on a fairly wide social base. Hence the paradoxicalness of the existence of this form of authoritarianism. The successes of economic policies, a change in the social structure of society, the appearance of a powerful middle class, at the first time of the support of the regime support, create the soil for denial of the latter. As soon as the economically strengthened segments of the population, owned by their well-being, the ruling regime begin to be excessive state care, the process of delegitimation begins.

Of great importance is the stability, the power of state power, allowing it to rise above the usurpecration interests. Politics There is always a choice between those or other interests and relevant strategies. The government is forced to choose between the city and the villages, exporters and importers, traditional and modern industries, etc., refusing threads or other social groups. The implementation of rational economic policy, often far from populism, requires a strong institutional support of the authorities, a guarantee of a political course displaceability.

Therefore, in most countries carrying out catching upgrades, there is a kind of union of technocrats and the army. This option allows you to carry out the necessary economic reforms in fairly short time. However, tightening political reforms creates too much gap between the economy and politics, which is fraught with the system destabilization. The experience of the countries of Southeast Asia and Latin America proves that the authoritarianism of development itself creates prerequisites for democratization and the transition to democracy is a natural stage of the evolution of such modes.

At the same time, the foregoing analysis in no way denies the possibility of the congestive modernization of democratic modes. Here, the problem of the stability and continuity of the reform government is also put forward to the forefront. "In this case, it is usually possible to consistently carry out rational economic policies during a long term, it is usually possible in countries where or dominant party is present, or there is unity on basic fundamental issues within the national political elite, which allows the economic managers to not depend on the oscillations of the electoral pendulum."

1.4 Presidential and Mixed Republic

In modern political science and the theory of the state and the rights of the republic, they are traditionally divided into three types: (1) Parliamentary, where the executive bodies belongs to the government to form a parliamentary majority and accountable parliament, and the powers of the head of state are small; (2) The presidential, where the executive power is headed by the president, who is accountable to the government, and (3) presidential-parliamentary, or semi-presidential, where the government is formed by the parliamentary majority, but at the same time be responsible and to the president with a number of executive powers. This is a very common, but extremely schematic and rude classification that darkens the variety of state-owned models.

Many attempts have been made to more detailed typology of presidential and parliamentary systems. So, D.vernie developed a list of 11 criteria, allowing, in his opinion, to distinguish the presidential systems from parliamentary, as well as from the systems that he called the Assembly Board. In turn, A. Leiphart argued that only two criteria were fundamentally important for determining the presidential system - the nationwide election of the president and its independence from the trust of the parliament, whereas the rest do not reflect its immanent properties. In 1989, he specified the third criterion: the Supreme Executive Power belongs to one person.

One of the most famous definitions of presidential regimes was formulated by M.Shugant and J. Cary. According to him, the presidential system suggests:

The nationwide election of the carrier of the supreme executive power (regardless of whether such is alone or collegial);

The terms of office of the carrier of the supreme executive power and the legislative body are fixed and independent of the confidence of the parties to each other (i.e., the president cannot dissolve the parliament, and the Parliament is to deploy the president, and there is no mechanism for early elections);

The elective executive authority appoints the government and determines its composition [Shugart, Carey 1997: 200].

In addition to the "purely" presidential, Shugart and Carey describe the premier presidential regime, which implies the presence and prime minister, as under the parliamentary system, and the nationwide elected president. Distinctive signs of the Prime Ministering System:

The President is elected popularly;

The president is endowed with significant powers;

Along with the president there are prime minister and the office, which are responsible for the legislative assembly.

Under the "essential powers" is understood not only by legislative prerogatives, let's say, the ability to make a bill on a referendum or challenge it in court, but also the right of dissolution of parliament. The trait, with the intersection of which the regime ceases to be the prime minister, by Shugarut and Carey, - the provision of the President of the right to solve the issue of ministers' displacement ** [Shugart, Carey 1997: 204-205].

Attempts to classify republican regimes were made by domestic authors. For example, N.A. Sakharov divisions the republic to the presidential, semi-presidential and parliamentary. However, the signs of each type allocated by them are not tough, but probabilistic. So, leading as a sample of the US Presidential Republic, the author immediately indicates that the Latin American and even more African presidency models are completely different. The difference between the semi-president of the system from the parliamentary, he sees that in one case the president shares the executive power with the head of government, and in another the executive power belongs to the government responsible only to the parliament, but at the same time refers to a number of countries where the system of second type is operating under the Constitution , To the semippeted (Czech Republic, Bulgaria, Italy, Lithuania, Estonia, etc.) [Sakharov 1994]. As a result, the proposed Sugar Ti-Pologization of modes has no more than its own expert assessment.

Thus, it is necessary to conclude that typology with an exhaustive list of signs that would allow to unmistakably classify the system of state power bodies of each particular country until created. Of course, as Shugart and Carey rightly noted, no classification is able to fix all the variety of ways to divide the authorities and the volume of presidential powers [Shugart, Carey 1997: 206]. But this is not required. It is enough to designate essential characteristics, to determine the boundaries of generalizations and establish rigid criteria to judge the state affiliation to some particular type.

The basis for the allocation of the latter should be their principal significance for the political system, i.e. The modification of any of the criteria should lead to the formation of another political system. MAIN ATTENTION When choosing criteria should be paid to their influence on the party system, since, as I found M. Madverger, R. Aron, etc., it reflects the most important features of the political regime [see Dupezha 2000: 266-267; Aron 1993: 71-91]. It is obvious that "systemic" principles will be like such criteria, the specifics of the electoral system and the procedure for the formation of authorities. As for such an indicator, as the distribution of functions between the authorities in the actual lawmaking process, it is not key in terms of the formation of the basic characteristics of the political system.

In my opinion, when classifying systems with the institute of the presidency, it should be proceeded from the seven criteria listed below. It should be borne in mind that typology according to these criteria makes sense only in a competitive political environment. If there is a monopoly on power in the country, then the constitutional delimitation of powers turns out to be formal and does not play the role that he is given in democratic societies.

Composition of the electoral building. The national election puts the president into a completely different position than the election of the Parliament, so this criterion is considered the most important all researchers at the presidency of the presidency. As noted by the famous lawyer D.L. Zlatopolsky, with the election "of the entire electoral corps of the country, the Parliament and the President formally acquire the same status: as a result, the question of the president's responsibility to parliament, as a rule, does not even occur" [Zlatopolsky 1996: 24 ]. All other things being equal, the president elected directly by the population will be much independent of the president chosen by Parliament.

The election method (for presidents elected by the population). The presidential elections by definition are majority *. The majority electoral system and, consequently, the Presidential Republic stimulate the occurrence of heteronal parties focused on attracting votes of all segments of the population, which creates favorable conditions for political centralism and the desire for maximum social agreement.

The formula for which the winner is established is a serious impact on the nature of the party system. It is generally recognized that "a majoritarian system in one tour contributes to the establishment of bipartisanity, a proportional system, on the contrary, - multipartyness, and a majoritarian in two rounds-aity of parties in the coalition" [Gadzhiev 1995: 171]. With the relative majority system, to achieve success, it is necessary to define a single candidate in advance for the widest possible spectrum of forces. This is achieved in the USA with the help of the Pri-Memerization Institute, other countries have other mechanisms of mutual consultations. In the system of the absolute majority of the party, as a rule, in the first round there are one in one way, and in the second they support the agreed candidate, forming various configurations of bipolar coalitions.

Combining / separation of posts of the head of state and the head of government. The importance of this criterion is no doubt, since the organization of power in the country depends on the method of formation of the government. The President, who personally, heads the government, is directly responsible for the activities of the entire executive. If there is an independent post of the head of the government, the president is somewhat away from the office and, thus, cannot be directly responsible for his work. Accordingly, the relationship between the president and parliament, the president, and the government, parliament and the government is different. In other words, discrepancies in this criterion indicate significant differences in the system of power.

The mechanism of formation of the government. It is important not only for the presence of an independent post of the head of the office, but also the mechanism of government formation, primarily the distribution of powers relating to the appointment and displacement of its members. Obviously, this factor is crucial from the point of view of the hierarchical subordination of the government to the President or Parliament. The more importantly the role of the president in the appointment and dismissal of ministers, the greater the extent to which he controls the government. It is also essential how independent the president, when choosing a candidate for prime ministers, can he be resigning the government in his ability. If, with other things being equal in one country, the president is endowed with such a right, and not, then we are talking about different types of presidential regime, since the president has the unequal political influence and its relationship with the government stand on a completely different basis.

The presence / absence of the President of the President to dissolve parliament. The significance of this criterion is determined by the fact that the president's empowering such powers largely balances the influence of the Parliament on the formation of the government, primarily its right to the vote of distrust. In addition, if the president is authorized to dissolve the Legislative Assembly, he may be brought to the Prime Minister to compromise with the coalition partners, resorting to the threat of early elections.

Availability / lack of restrictions on re-election. The inclusion of this criterion is due to the fact that the provision of the President of the right to run for a new term strengthens its powerful opportunities and changes the attitude towards the person who occupies the presidential chair. It should be noted that any influence on the features of the political system of the duration of the presidential mandate was not discovered and none of the researchers never used this indicator in the typology of presidential regimes.

The procedure for replacing the presidential post (the presence / lack of the Institute of Earlings). The procedure for replacing the presidential post in the event of a vacancy has a serious impact on the party, and wider - to the entire political system. In countries where early elections are not provided and, if it is impossible to fulfill his elected president of his duties, his powers are transferred to the official party in the rank, the party is able to plan their activities for a long time. Moreover, they have no need to have a permanent asset that is required mainly during the election period. It is thanks to this circumstance that the existence of parties - "electoral vehicles" without fixed membership is possible.

Modes with early elections are less stable. Since elections can be appointed almost at any time, parties should be in constant "combat readiness". Accordingly, their asset should always be mobilized, and to achieve this, parties sometimes deliberately provoke political instability and expand state institutions. In addition, the duration of the early election campaign is often extremely small, which makes it difficult to create coalitions.

1.5 Institute of Impiciment

Impeemchiment (eng. Impeachment - distrust, from Lat. Impedivi "prevented, presets") - the procedure for the court charges, including the criminal, persons of the municipal or state execution, officials, up to the head of state, followed by their removal from office. The accusation in the process of impeachment, as a rule, the face of the face in acts committed illegally, that is, in a conscious offense, regardless of the abuse of official powers.

The concept arose in England in the XIV century as an instrument of struggle against the arbitrariness of the Royal Favorites: Then the House of Communities gave himself the right to give the royal ministers to the court of the House of Lords, whereas before this right belonged only to the king. The procedure for nomination by communities of the criminal charge in front of Lordami and received the name "impeachment". In British history, the last time the impeachment was used in 1806. From British laws, the concept has passed to the US Constitution, where it began to designate the lower chamber of the charge against the Senate against the federal official to the judges and the President (in each state at the state level, similar procedures are established for Governor and other state officials). The Upper Chamber, as in England, acts here as the court, and the president does not have a pardon right to sentented the Senate. Thus, impeachment in the exact sense is only the first stage of the procedure for deregistration from the post of criminal charge, although in our time (even in Anglo-Saxon countries), this word began to call the entire process of deregistration.

In Russia, according to the Constitution, adopted in 1993, the procedure is largely similar to the American: the rejection of the President of the Russian Federation from office produces the Federation Council by two thirds of the votes on the presentation of the State Duma.

In Russia, the impeachment procedure (deregistration) was initiated three times, once according to the current Constitution. In all cases, the first president became the object - Boris Yeltsin.

For the first time, the issue of impeachment stood in March 1993 on the initiative of the Supreme Council and the Congress of People's Deputies of Russia. Although the Constitution of the RSFSR of 1978 at that time (as amendments) allowed the congress of people's deputies to decide "Any question in the jurisdiction of the Russian Federation", as a result of negotiations between the Supreme Council and the President, the issue of authorities was submitted to a nationwide referendum during which At the same time, the question and confidence in the congress. As a result of people's will, both branches of power retained their powers.

For the second time, the impeachment issue stood in September 1993, after the presidential decree on the cessation of the congress and the Supreme Council. The decision on the impeachment was made by the deputies gathered on the so-called X Congress, the legality of which, however, was not recognized as executive. The conflict was permitted armed in the course of the events of 3-4 October.

For the third time, the issue of impeachment was considered in 1998--1999. President Yeltsin was accused of the State Duma in four points: the collapse of the USSR, the unleashing of war in Chechnya, the weakening of the defense and security of Russia, the dissolution of the Supreme Council in 1993. Optionally, the issue of "Genocide of the Russian People" was considered. In the State Duma, a special Parliamentary Commission for Consideration on Impichet, headed by a member of the Communist Party of the Communist Party of the Russian Federation Vadim Filimonov (Chairman), Viktor Ilyukhin (Communist Party) and Elena Mizulina (Apple) (Vice-Chairman). As a result of the vote, none of the charges received support for the qualified majority of deputies (to nominate the charge on the issue of war in Chechnya, 17 votes were not enough), and the procedure was discontinued.

The impeachment legislation of the highest officials exists in most countries of the world, but not everywhere they resort to it. For example, at the end of the XX - early XXI century, Presidents: Brazil Fernandulator, Peru Alberto Fuchimori (Congress did not accept his voluntary resignation and held a impeachment procedure with a ban on political activities), Indonesia Abdurakhmanwahid and Lithuania Rolandspaksas. Impeachment of Paksas (2004) At the same time became the only adopted impeachment of the head of state in Europe.

president Power Impeachment

1.6 Basic Functions and Powers of the President of the Russian Federation

The competence of the President of the Russian Federation develops from the functions and powers that he is endowed as the head of state.

Under the functions of the President of the Russian Federation, the main areas of activity of the head of state arising from its position in the system of government bodies.

The functions of the President of the Russian Federation are specified in its powers. Powers are a combination of rights and obligations provided by the President of the Russian Federation that are necessary for it to perform the assigned functions.

Functions of the President of the Russian Federation:

1) The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, human rights and freedoms and citizen;

2) the President of the Russian Federation in the procedure established by the Constitution of the Russian Federation takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity;

3) The President of the Russian Federation ensures the coordinated functioning and interaction of state authorities;

4) The President of the Russian Federation in accordance with the Constitution of the Russian Federation and federal laws defines the main directions of the internal and foreign policy of the state;

5) The President of the Russian Federation presents the Russian Federation within the country and in international relations.

The powers of the President of the Russian Federation it is advisable to consider, uniting them into groups, depending on the spheres of state life, in which the President of the Russian Federation is valid.

1. President of the Russian Federation and the Russian Government. The president of the Russian Federation cooperates with the executive authority, and although under the Constitution of the Russian Federation it is not the head of the executive authority, the analysis of its constitutional powers suggests that in fact the President of the Russian Federation acts as head of executive authority:

1) The President of the Russian Federation appoints with the consent of the State Duma Chairman of the Government of the Russian Federation (p. "A" Art. 83);

2) The President of the Russian Federation approves the proposals for him by the President of the Russian Federation on the structure of federal executive bodies (part 1 of article 112). Decree of the President of the Russian Federation of August 17, 1999, "On the structure of federal executive authorities" * a number of ministries and departments were allocated, which directly obey the President of the Russian Federation on issues enshrined by the Constitution of the Russian Federation, federal constitutional laws and federal laws;

3) At the suggestion of the Chairman of the Government of the Russian Federation, the President of the Russian Federation appoints and dismisses the Deputy Chairman of the Government of the Russian Federation, federal ministers (p. "D" Art. 83);

4) The President of the Russian Federation has the right to chair the meetings of the Government of the Russian Federation (paragraph "B" Art. 83);

5) The President of the Russian Federation decides on the resignation of the Government of the Russian Federation (p. "B" Art. 83).

2. The teachings of Cicero about the state and the right

Mark Tully Cicero (106 - 43 BC) - the famous speaker, statesman and writer from the riders. The most prominent ideologist of the Roman aristocracy during the republic.

In the genus Tulliev, no one occupied the highest state positions, and because Cicero reached the consul post, representatives of the nobility called him contemptuously looking, a new man (Homonovus). As a child, he showed brilliant abilities in the teaching and was distinguished by such a striking point and memory that his comrades came to school to see "on this little miracle." In life, he was obliged only to himself, his oratorical gift.

For the first time speaking with speeches in 81 - 80. BC. when Sulle on the opposition side; The first big success brought him part in 70 BC. In a loud process against Sullansverres; The first political speech of Cicero said in 66 BC. In support of Pompey. The top of the success of Cicero - Consulate in 63 BC. (The disclosure of the Country conspiracy is a cylinder, a leading role in the Senate, "History of the Senate").

With the formation of the first triumvirate (60 BC, Caesar, Pompeii, Gras, the influence of Cicero falls, in 58 - 57. BC. He even had to be removed into exile, then (against his own will) to support Pompey and Caesar; After their rupture, Cicero tried during the Civil War (49 - 47 BC) to perform a concilius; With the victory, Caesar moved away from politics. Only after the murder of Caesar (44 BC), overcoming the fluctuations, re-entered into a political struggle as a leader of the Senate and Republicans. By this time, his 14 speeches include "Philippik" against Mark Anthony. In 43 BC, when the Senate suffered a defeat in the fight against the second triumvirate (Anthony, Octavian August, Lepid), the name of Cicero was listed in the proscription lists. Cicero died among the first victims of the repressions of Anthony and Octavian Augustus.

From the compositions of Cicero, 58 speeches (political and judicial), 19 treatises on rhetoric and politics and more than 800 letters are preserved - an important psychological document, a monument of a Latin spoken language, a source of information about the era of civil wars in Rome. The states of the state and the right are devoted to its work "On the State" and "On Laws".

Cicero comes from the proposals of the aristocracy of ideas about the natural origin of the state. Civil communities arise not to establish, but by nature, because people are endowed with the desire for communication. The first reason for the unification of people in the state was "not so much their weakness, how much so to speak, a congenital need to live together."

But the state (respublica) Cicero determines not only as a natural organism, but also as an artificial education, such as the taste of the people (Respopuli), "Folk establishment". Under the people are understood "the combination of many people related to among themselves consent in matters of law and community of interests." Consequently, the right acts as the basis of the state, and the very state itself is not only a moral, but also the legal community.

Thus, Cicero stands at the origins of the legalization of the concept of the state, which in the subsequent had many adherents, up to modern supporters of the idea of \u200b\u200bthe rule of law.

The goal of the state is to protect the property interests of citizens. Protection of the property is one of the reasons for his education. Violation of the inviolability of private and state ownership of Cicero characterized as desecration and violation of justice and law.

Cicero paid great attention to the analysis of various forms of the state device, the search for the "best" forms.

Depending on the number of ruling, he distinguished the three simple forms of the Board: the royal power, the power of optimates (aristocracy) and the popular power (democracy). All these forms are not perfect and if it was necessary to choose among them, preferably - the royal, and in the last place - democracy.

However, the royal power is fraught with arbitrariness and easily degenerates in tyranny, the power of optimates turns into domination of the clics of rich and noble, democracy leads to the arbitrariness of the crowd, to its tyranny.

These ugly powers are no longer forms of state, since in such cases it is absent at all, since there are no common interests, the common cause and general cube for all right.

Prevent such degeneration of statehood can be prevented only in the conditions of the best, mixed type of government. The political ideal of Cicero is the Aristocratic Senate Republic, supported by the "Counting Consent", "Odinky of all classes", combining the beginning of the monarchy (consul authorities), aristocracy (the Board of the Senate) and Democracy (National Assembly and Power of Tribunov).

The person who enters the affairs of the state should be wise, fair, leaning and eloquent. It will appreciate in the exercises about the state and "to own the basics of law, without knowledge of which no one can be fair." It should be the "first person in the republic", "the dumpiness", the guardian and trustee "in the era of crises, combining the Greek philosophical theory and Roman political (oratory) practice. The sample of such a figure Cicero considered himself.

Speaking of the people in their definition of the state, Cicero meant exclusively landowners and major traders. Rostovists, small traders, owners of craft workshops, all workers he ranked among the despicable people. With such people, worthy citizens can not be any common interests (the treatise "about the duties").

Naturally, it concerned the slaves. Slavery is due to the nature itself, which gives the "best people dominion over weak." To the slaves, Cicero believed, should be treated as mercenaries. Such an approach to defining slavery is a noticeable step forward in comparison with a slave as a "talking weapon."

The legal theory of Cicero was based on appeal to nature, to its mind and laws. At the heart of the right lies inherent justice. Nature is inherent in the mind and a certain order. This is its spiritual property and is a genuine source and carrier of natural law.

Natural right, the true law is a reasonable position, corresponding to nature, spreading on all people ... Cancel it is impossible, and we can not disagree from this law by a decree of the people.

The basic principle of natural law is justice, "she possesses each of its". Justice, according to Cicero, requires not to harm others and not violate someone else's property.

The natural right (the highest, true law), according to Cicero, arose "before than any kind of written law." From here, the requirement implies that human establishments (writing laws, political institutions) correspond to justice and right. The laws adopted in the state must comply with the institution established in it, the traditions and customs of the ancestors. To strengthen the Divine Authority, the law should be preambled (Introduction). At the same time, "everything should be supplied under the law."

If the rights were established by the commandments of peoples, decisions of parabaged people, sentences of judges, there would be the right to adultery, the right to impose substrate wills if these rights could receive approval by voting or a crowd.

Chissero's written right divides private and public. The so-called international law (the right of peoples) is interpreted by him as part of the positive right of different peoples and as part of the natural right of international law (i.e. as an international natural law). He was a supporter of compliance with the obligations imposed by international treaties. Conducting the difference between fair and unfair wars, he considered an unfair and wicked all kinds of war, which "was not procured and declared."

The heritage of Cicero in the field of state and the right had a great influence on the entire subsequent human culture and legal science.

Bibliography

1. Hajiyev K.S. Political science: textbook for higher educational institutions. - M.: Logos, 2007. - 488 p.

2. Kozyrev G.I. Political Science: Tutorial / GI Kozyrev. _ M.: ID "Forum" - norm - m, 2010. -368 p.

3. Constitution of the Russian Federation, M., Prospekt

4. Kyshev A.V. Institute of Presidency in Central and Eastern Europe as an indicator of a political transformation process // Political Studies, 2002, №2

5. Kasimbekov M.B. Features of the institute of the presidency in the countries of the second and third "echelons of modernization" // Socially humanitarian knowledge, 2002, №3.

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Institute of Presidency In modern understanding, it was first issued by the US Constitution in 1787. "Founders Fathers" of the American Constitution, when modeling the presidency Institute, focused on British political and legal practice and the concept of separation of the authorities. Currently, this institution applies to the number of one of the most common institutions of state power. At the end of the XX century. Of the 183 UN member states - over 130 had a presidency in the state mechanism. Their constitutional status varies significantly to each other. Even if you restrict ourselves to the countries of Western democracy, the presidents in the presidential (USA), in the semi-presidential (France) and in parliamentary (Germany), the republics are significantly different in the amount of powers, the nature of functions, role in solving public and public affairs in the few scientific works in which they have been implemented Attempting to analyze the concept of the institute of the presidency, the latter is defined as a combination of four groups of norms:

1. the procedure for presidential elections, including including inauguration;
2. its legal status in the structure of government bodies (constitutional status is a structural aspect);
3. functions and powers of the President (constitutional status - functional aspect);
4. termination of execution of presidential powers.

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In the study of the institute of the presidency in various countries, the use of such categories as "elected head of state", "Higher official", "Political position", "State Position". As for the categories "Arbitrator in the system of state authorities", "Head of the Executive Power", "Presidentsalism", the possibility of appeal to them directly depends on the type of form of government in a particular state.

Introduction

The Presidential Institute in the Russian Federation began to function from April 24, 1991 after the All-Russian referendum on the introduction of the Presidential President of the Russian Soviet Federal Socialist Republic (March 17, 1991), which legally issued two RSFSR law (dated 24.04.1991). This is the step of our country on a democratic path of development on the basis of the generally accepted principles of the organization of state authorities - the system of checks and counterweights or targeted effect of the political elite of the RSFSR to gain Russia sovereignty as part of the Union of Soviet Socialist Republics and the further collapse of the Soviet Union. Interpretation can be conducted depending on the political and ideological positions selected. In any case, in this course project the purpose of the work is not to recognize the true essence of such a significant event as the introduction of the institute of the presidency, but to explore the political institution itself.

For Russia, this institute is new, as it was introduced 24 years ago, until the moment in the history of the Russian statehood, this political institution was not presented in any form. There were princes, kings, emperors, leaders, but the president, as elected on democratic principles, that is, on the basis of universal, direct, equal election law during a secret ballot, was not. Initially, the President of the Russian Soviet Federal Socialist Republic, then, until December 12, 1993, was the highest official, the head of the executive branch, who did not have the right to dismiss the parliament (this is the word about the legality of the activities of Boris Nikolayevich Yeltsin as president of the Russian Soviet Federal Socialist Republic - Russia in the fall of 1993 of the year). After the adoption of the Constitution's referendum, new provisions defining the status, functions and powers of the person who are asked by the President of the Russian Federation, who (taking into account some amendments) act until today.

The President in the Russian Federation is the head of state, which occupies a higher place in the hierarchy of state bodies, ensures the stability and continuity of the state power mechanism, carries out the country's supreme representation in the international arena. The political need for the existence of the presidency of the presidency (post of the head of state) is to need to ensure the sustainable functioning and coherence of a huge system of government.
The relevance of this topic is due both to the novelty of this institution for the Russian Federation and the special place of the president in the public administration system.

The purpose of the work is to identify the specifics of the domestic institute of the presidency by comparing it with other theoretical models of the Republican form of the Board. To achieve this goal, it is necessary to set a number of tasks, namely:
Explore the role and place of the presidency of the presidency at various theoretical models of the Republican Form of Management;
Explore the formation and development of the institute of the presidency in the Russian Federation, to determine its characteristic features and features;
Compare the domestic institution of presidency with the theoretical models of the Institute presented in the Republican form of the Board;
Determine the specifics of the domestic institute of the presidency.
The object of study is the process of education of the Presidential Institute in the Russian Federation and the very essence of this institution. The subject of study is the institution of presidency in the Russian Federation.

When creating a course project, methods such as analysis, synthesis, institutional and comparative political disease were used.
Place and role of the institute of the presidency with various theoretical models of the Republican Form of the Board

The Presidential Institute is one of the key elements of the political and government systems of many countries of the world with the republican form of government. Since only under the republican form of the board, the election of the highest state authorities, as well as in some monarchies (Commonwealth, United Arab Emirates), and the president is the elected top official, the place and role of which are determined by the basic law depending on the type of republican form Board.

It is necessary to determine what Republic is. The Republic (from Lat. Res Publika is a public business) is a form of government, in which the highest authorities of state authorities are elected or formed by special representative institutions under urgency conditions. Those. The source of power is declared people, and its carrier is elected government agencies. The Republican form of the Board is characteristic of the following characteristics:
The election of higher state authorities;
The legislative government is absolutely separated from the executive and is carried out entirely by national representation or jointly - to them and the people themselves;
Urgency of powers of the elected head of state;
The source of power is the sovereign people;
Legal responsibility of the head of state in cases provided for by law;
In the organization and activities of higher and local government bodies, the principles of collegiality prevail;
Responsibility of carriers of power to the people, nation, parliament, etc.
Three main types of republics can be distinguished, namely, presidential, parliamentary and mixed.

1. Presidential (from Lat. Presentation - Sitting Ahead) Republic.
Signs:

1) Strong presidential power: the key figure among the highest authorities is the president;
2) the position of the Prime Minister is often absent, in the hands of the president, the powers of the head of state and the premiere - the heads of the executive branch are focused;
3) the presidential elections are carried out on the basis of general elections, and the president is elected either by the people or the electoral collegium;
4) the president forms a government that brings responsibility to him (and not to parliament);
5) Parliament is not entitled to send a government to resign or any minister, as well as declare a vote of distrust;
6) the president cannot dissolve parliament or one of his chambers;
7) The president has the right of veto on the laws adopted by Parliament;
8) The President is the Supreme Commander.
The presidential republics include: USA, Argentina, Mexico, Brazil, and others. Latin American countries.

2. Parliamentary (from FR. Parle - Say) Republic.

Signs:
1) the strong authority of the representative body (Parliament), the Parliament is the most important from state authorities;
2) in fact lead the state head of government - the Prime Minister (as a rule, the leader of the party who won the elections);
3) The government is formed by Parliament under the guidance of the party who won the elections;
4) the government is responsible to parliament, and not the president;
5) the president is elected by the Parliament or the electoral collegium formed from the number of parliament deputies;
6) the advertisement by the Parliament of the Voter Distribution to the Government means that the government should resign;
7) The president is only the head of state (but not the head of the executive), which performs representative (ceremonial) functions.
Parliamentary republics include: Italy, Germany, Austria, Hungary, Turkey, Switzerland, Finland, India, etc.

3. Mixed republic.

Signs:
1) this type of republic is inherent in the balance of power between the presidential and parliamentary branches of power;
2) Parliament participates with the president in the formation of the government;
3) the government is responsible not only to the president (resignation), but also before the parliament (vomor of distrust);
4) Another option is an increased independence of the government. At the same time, the president is not the head of government and is not responsible for his actions. And along with the president, there is a prime minister vested with broad powers;
5) the combination of signs of the parliamentary and presidential republic is characterized;
6) The semi-presidential republic - the responsibility of the parliament of individual ministers is established here, but not the head of state;
7) The Pedar Personal Republic - a complicated procedure for the announcement of the votum of distrust to the government is established.
Mixed republics include: France, Poland, Ukraine, Bulgaria, Romania and other states.
It is necessary to carry out a comparative analysis of the three main types of republics, in order to identify certain features of each of the theoretical types of republics and determine on them, to which type of republic can be attributed to the Russian Federation.

The Russian Federation is in the form of government to the republic, but its appearance is not fixed in the Constitution of the Russian Federation. Due to various reasons, this question still remains debatable in scientific literature. Thus, the Russian Federation refer to:
1. The Presidential Republic - as the government is appointed by the president and brings responsibility to him;
2. Mixed republic - as there are the position of the Chairman of the Government (Prime Minister) and the state of distrust to the government from the parliament is possible;
3. The SuperPresident republic is now, starting from 2000s, the authority and dominant position of the president in the structure of government bodies in the structure of government bodies was incredibly strengthened. This is largely due to the status and functions of the president, enshrined in the Constitution of the Russian Federation, which we will consider below.
President of Russian Federation

The legal status of the President of the Russian Federation as the head of the state speaking by the State Representative on behalf of the Russian Federation and symbolizing the unity of the state power of the Russian Federation, determines the Constitution of the Russian Federation adopted at the All-Russian referendum on December 12, 1993. The main law, being a legal source, contains those legal norms that determine and characterize the presidency Institute. The Constitution of the Russian Federation reveals the status and functions of the President of the Russian Federation, the requirements for the presidential candidate and the principles of its elections, the procedure for joining the position and text of the oath, personnel and other powers.
The Constitution of the Russian Federation determines:
1. The status and functions of the President of the Russian Federation:
The President of the Russian Federation is the head of state.
The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, human rights and freedoms and citizen. In the manner prescribed by the Constitution of the Russian Federation, it takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies.
The President of the Russian Federation in accordance with the Constitution of the Russian Federation and FZ-MI defines the main directions of the internal and foreign policy of the state.
The President of the Russian Federation as the Head of State represents the Russian Federation within the country and in international relations.
The President of the Russian Federation is the Supreme Commander-in-Chief Armed Forces of the Russian Federation.
2. Requirements for the presidential candidate of the Russian Federation, the principles of elections:
The President of the Russian Federation is elected for a period of six years of citizens of the Russian Federation on the basis of universal equal and direct election law during a secret ballot.
The Russian citizen of the Russian Federation is not elected to the Russian Federation at least 35 years, which permanently resides at least 10 years.
The same person can not hold the position of President of the Russian Federation more than two deadlines in a row.
The procedure for the election of the President of the Russian Federation is determined by the FZ.
3. The procedure for joining the position, text oath:
Upon joining the position of the President of the Russian Federation brings the following oath:
"I swear when implementing the powers of the President of the Russian Federation, respect and protect the rights and freedoms of a person and a citizen, to observe and protect the Constitution of the Russian Federation, protect the sovereignty and independence, security and integrity of the state, to serve the people."
The oath is brought in a solemn situation of members of the Federation Council, deputies of the State Duma and the judges of the Constitutional Court of the Russian Federation.
4. Personnel and other powers in relation to the executive, prosecutor's and judicial authorities, authority to ensure the security of the state as the Supreme Commander of the Armed Forces of the Russian Federation, the organization of subsidiary bodies:
President of the Russian Federation:
a) appoints with the consent of the State Duma of the Chairman of the Government of the Russian Federation;
b) has the right to chair the meetings of the Government of the Russian Federation;
c) decides on the resignation of the Government of the Russian Federation;
d) presents the GD candidacy for the position of the chairman of the Central Bank of the Russian Federation; puts the issue of exemption from the post of Chairman of the Central Bank of the Russian Federation;
e) at the suggestion of the Chairman of the Government of the Russian Federation appoints and relieves the Deputy Chairman of the Government of the Russian Federation, federal ministers;
(e) Presents the SF candidates for appointing the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints the judges of other federal courts;
e.1) Presents a SF candidate for appointment to the position of Prosecutor General of the Russian Federation and Deputy Prosecutor General of the Russian Federation; contributes to the SF proposal for exemption from the position of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation; appoints and dismisses the prosecutors of the subjects of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, districts and prosecutors equal to them;
g) forms and heads the Security Council of the Russian Federation, the status of which is determined by the Federal Law;
h) approves military doctrine of the Russian Federation;
and) forms the administration of the President of the Russian Federation;
k) appoints and frees the authorized representatives of the President of the Russian Federation;
l) appoints and frees the highest command of the Armed Forces of the Russian Federation.
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 the contradiction of these acts of the Constitution of the Russian Federation and the Federal Law, the international obligations of the Russian Federation or violation of human rights and freedoms and citizen to solve this issue with the relevant court.
The President of the Russian Federation under the circumstances and in the manner prescribed by the FKZ introduces a state of emergency in the territory of the Russian Federation or in its separate localities with an immediate report on this Federation and DG.
President of the Russian Federation:
b) awards by state awards of the Russian Federation, assigns the honorary titles of the Russian Federation, the highest military and higher special titles.
5. Powers in respect of DG, Federation, Federal Assembly, lawmaking:
President of the Russian Federation:
e.2) appoints and frees representatives of the Russian Federation to the Federation Council.
President of the Russian Federation:
a) appoints elections of the DG in accordance with the Constitution of the Russian Federation and the Federal Law;
b) dismisses GD in cases and procedure provided for by the Constitution of the Russian Federation;
c) appoints a referendum in the manner prescribed by FKZ;
d) contributes bills in the State Duma;
e) signs and publishes the Federal Law;
e) refers to the FS with annual messages about the situation in the country, the main directions of the internal and foreign policy of the state.
6. Powers as an arbitrator between state authorities:
The President of the Russian Federation may use conciliation procedures to resolve disagreements between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, as well as between the state authorities of the subjects of the Russian Federation. In case of unacceptable agreement, it may convey the resolution of the dispute to the consideration of the relevant court.
7. Foreign policy permissions:

President of the Russian Federation:
m) appoints and recalls after consultation with the relevant committees of Lee Commissions of the FS chambers of diplomatic representatives of the Russian Federation in foreign countries and international organizations.
President of the Russian Federation:
a) carries out the leadership of foreign policy of the Russian Federation;
b) negotiate and sign international treaties of the Russian Federation;
c) signs ratification certificates;
d) takes credentials and response certificates of diplomatic representatives accredited with it.
8. Acts of the President of the Russian Federation:
The President of the Russian Federation issues decrees and orders.
Decrees and orders of the President of the Russian Federation are obligatory for execution throughout the Russian Federation.
Decrees and orders of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and the Federal Law.

The above-mentioned eight points characterize the institution of presidency in our country and president of the Russian Federation as the head of state. I believe that there is a significant necessity in the addition of the above characteristic of the presidency of the presidency by four articles from the Constitution not reflecting the status, functions and powers of the President of the Russian Federation, namely, paragraph. "A" and "B" Article 89, Article 91, Art. 92 and Article.93.
Thus, having studied the basic law and allocating aspects of interest to us, characterizing the head of state, we can identify the features and features of the Domestic Institute of the Presidency, which can be expressed by the thesis - President of the Russian Federation as the head of state occupies a special place in the system of state authorities, according to the Constitution of the Russian Federation, it is directly Does not apply to any of the branches of power, ensuring their unity and agreed functioning.
Who are you, Mr. President? (Conclusion)

We redid the famous phrase, which after the election of Vladimir Vladimirovich Putin by the President of the Russian Federation 15 years ago, on March 26, 2000. Was a long time in the media headlines: "Who are you, Mr Putin?". Since Vladimir Vladimirovich the current head of our state, therefore, the rhetoric name title is more than appropriate. It is such a question that needs to be supplied to determine the essence of the Domestic Institute of the Presidency.

Indeed, who are you? To respond to such a question, it is necessary to compare the president in three theoretical species of the republican form of government and our Russian president. As you know, there is one Latin saying - Omnis Comparatio Claudicat. But it does not have to choose, because to reach the truth, it is necessary to reveal the essence of such a phenomenon as the institution of presidency in the Russian Federation, especially since everything learns in comparison, even though it is lame. Chromaste, it means that it can go, therefore, it is not worth it, but it moves, so there is a dynamics in development, and we can rely on comparison as a method, so that you can determine - who are you, Mr. President?

The President of the Russian Federation is elected by citizens of the Russian Federation on the basis of universal, direct, equal election law during a secret ballot; is the head of state, the arbitrator between the various branches of power, the Supreme Commander; Forms the Government of the Russian Federation, which is responsible to the president. These features belong to the position of the president in the Presidential Republic. Consequently, Russia can be attributed to the presidential type of the republic.

In the Russian Federation, there is the position of chairman of the Government of the Russian Federation (Prime Minister); Possible distrust of the Government of the Russian Federation on the part of the Federal Assembly of the Russian Federation (parliament) is possible; The President of the Russian Federation has the right to dissolve the lower chamber of parliament, i.e. State Duma of the Federal Assembly of the Russian Federation in cases and procedure provided by the Constitution of the Russian Federation. Thus, Russia can be attributed to the mixed model of the republic.
Still, we believe that the Russian Federation will be more correct to the model of the Superpedition Republic.

What is the superPresident republic? This is a special kind of republican form of government, characterized by the legal and actual concentration of all state-government levers in the hands of the president, who in this case is usually the head of not only the state, but also the government, as well as the leader of the ruling party.

1) This is a special kind of republican form of government: Russian Federation - Russia is a democratic federal legal state with a republican form of government;
2) Characterized by the legal and actual focus of all levers of state power in the hands of the President: Under the Constitution of the Russian Federation, the President of the Russian Federation directly does not apply to any of the branches of power, ensuring their agreed functioning and unity;
3) which in this case is the head of not only the state, but also the Government: The President of the Russian Federation appoints with the consent of the State Duma Chairman of the Government of the Russian Federation, and on the proposal of the President of the Government of the Russian Federation appoints and relieves from the post of deputy chairmen of the Government of the Russian Federation federal ministers;
4) as well as the leader of the ruling party: V.V. Putin until May 2012 was the chairman of the United Russia party (since May 2012, the Party Chairman of the Government of the Russian Federation Dmitry Anatolyevich Medvedev, whose candidacy for approval by the State Duma offers the president), which today has 238 deputy mandates from 450 And this in turn somewhere 53% of places from the total in parliament, which makes it possible to take any federal law without having any opposition barriers in its path.

The Constitution of the Russian Federation enshrines such broad rights and powers to the President of the Russian Federation. The President of the Russian Federation has an unlimited right to dissolve the Lower Chamber of the Federal Assembly, that is, the State Duma of the Russian Federation. The majority in both chambers of the Federal Assembly represent the political party "One Russia". The Government of the Russian Federation, formed on the basis of its own ideas of the head of state. As well as the constitutional, Supreme Courts, the position of Prosecutor General, Chairman of the Central Bank of the Russian Federation, etc. The right to issue decrees and orders with the power of the law.
All these provisions make it possible to interpret the Russian Federation as the SuperPresident republic, and the President of the Presidency and the President of the Russian Federation as a president at the superPresident model of the Republican form of the Board.

It is worth noting that the current real picture with the institute of the presidency in the Russian Federation very accurately reflects the specifics of Russian statehood. Namely, the high position of the head of state, which, as the steering, curses and sends a huge state car. There can be no weak Russia, Russia is either strong or no. Strong Russia only with a strong ruler. For all of its historical development, Russia at the moments of its highest power headed strong personality. An explicitly disconnected figure of the leader who did not break in the group of power actors, allowed Russia to successfully move forward to meet his grandeur.
Bibliography
1. "Constitution of the Russian Federation". - SPb.: "Peter", 2015 - 64C.;
2. The Law of the Russian Federation on amendment to the Constitution of the Russian Federation of July 21, 2014 No. 11-FKZ "On Council of Federation of the Federal Assembly of the Russian Federation". - M., Kremlin: Meeting of the legislation of the Russian Federation;
3. The Law of the Russian Federation on amendment to the Constitution of the Russian Federation of February 5, 2014 No. 2-FKZ "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation". - M., Kremlin: Meeting of the legislation of the Russian Federation;
4. The Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 No. 6-FCZ "On the change in the term of office of the President of the Russian Federation and the State Duma". - M., Kremlin: Meeting of the legislation of the Russian Federation;
5. Decree of the President of the Russian Federation of December 24, 1993 No. 2288;
6. Law of the RSFSR of April 24, 1991 No. 1098-1 "On the President of the RSFSR".: M., House of Soviets of the RSFSR;
7. Law of the RSFSR of April 24, 1991 No. 1096-1 "On the elections of the President of the RSFSR".: M., House of Soviets of the RSFSR;
8. Belyaeva OM "The theory of state and law in the schemes and definitions: a tutorial". - Rostov N / D: "Phoenix", 2014 - 311c.;
9. Kryuchkova E.A. "The Constitution of the Russian Federation in the schemes: an educational and methodological manual." - ed. 2nd, supplemented and processed, M.: Prospekt, 2015 - 56s;
10. Marchenko M.N., Shdyabina E.M. "The theory of state and law: an educational and methodological manual." - 2nd ed., M.: Prospekt, 2015 - 720s;
11. Tolkachev A.A. "Course work on the introduction into political theory theory:" The ideal form of the state for the Russian Federation "". - M.: MGOU, 2014 - 36C.;
12. Official website of the President of the Russian Federation http://kremlin.ru/;
13. Official website of the Federation Council of the Federal Assembly of the Russian Federation http://www.council.gov.ru/;
14. Official website of the State Duma of the Federal Assembly of the Russian Federation http://www.duma.gov.ru/;
15. The official website of the Government of the Russian Federation http://government.ru/.

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History, Political Science and Law of the Faculty of MGOU
Tolkachev Anton Aleksandrovich