Institute of Presidency The concept of basic characteristics. The concept of the Presidential Institute

The president ("Sitting ahead", "headed") is the head of state in countries with the republican form of government. In the parliamentary republics, the president is elected to the period established by the Constitution or a parliament or a special board, which is the basis of the parliament.

In the presidential republics, the president is elected by the extra-parliamentary way: through direct (Italy, Germany) or indirect (USA, Argentina) of elections.

In the presidential republics, the president has extensive actual powers, combining the functions of the head of state and the head of government.

The constitution of parliamentary republics formally emphasizes the president with broad powers, but in fact they are carried out by the Prime Minister.

The presidency Institute is one of the fundamental elements of the political and state systems of many countries of the world, including our country.

The president is endowed with broad and diverse powers, it acts only within the framework of the federal executive and, by virtue of the constitutional principle of separation of the authorities, cannot solely manage the entire state apparatus.

In Russia, where the Constitution was adopted in the active participation of the president - the leader, his significant personal power was enshrined, its independence, with minor restrictions on its activities by the powers of parliament.

Article 80 of the Constitution of the Russian Federation determines the status of the president as the head of state, it should be noted here that the president of state can be a nominal figure, but another model of the presidency with tangible powers was elected in Russia, or the so-called "superpedition", which manifests itself in The following factors:

The authority of the President Derivals from the People, the President is elected by the people directly, while in the US President elections are held by the electoral collegium, and the Federal Assembly convenes in Germany to elevate the president;

Only the President is empowered to ensure the agreed functioning and interaction of all other bodies of state power - and federal, and subjects of the Russian Federation (Article 85 of the Constitution of the Russian Federation). No other bodies with such capabilities with respect to the president do not have;

The president is generally independent of other state authorities. Parliamentary and judicial services and counterweight in relation to presidential power, and even more so control is carried out in minimal sizes. In essence, we can talk about the absence of the constitutional responsibility of the president, for example, as provided for by the Constitution, the Institute of President's Decuting from office is difficult to implement;

The President has great opportunities in relation to Parliament (Messages to the Federal Assembly, making projects of laws, the dissolution of the lower house of parliament - the State Duma, etc.). The government can be called the government of the president.

Thus, the president allocated beyond the concept of separation of the authorities, he is over them, fulfilling the role of a kind of arbitrator, personifying the state of government itself.

The introduction of "superperement" in our country was due to the fact that the presidency was established in the period of high instability in society, internal political contradictions. The status of the president enshrined by the Constitution, that when changing the head of state can lead to an authoritarian regime, therefore reforming the Institute of the President, and, above all, it must be associated with the establishment of a more strict control over the activities of the President and the detailed decision of its constitutional responsibility. .

In one can say that with any models of the presidency at the head of state, there is a special responsibility for the preservation of legality, consent and stability in society. Staying within the framework of constitutional and legal authority, the president can actively use the full potential of his post and effectively solve many problems of social development.

It seems that the place of the President of the Russian Federation in a single executive system in the country and the state mechanism as a whole does not correspond to the current approaches in the world:

First, according to the Constitution of the Russian Federation, the head of state has enormous powers, some scientists believe that this allows Russia to consider Russia "SuperPresident" Republic.

Secondly, the authorities of the Russian President is actually not limited to the Federal Assembly by virtue of an extremely complex and confusing procedure for rejecting it from office (Art. 93 of the Constitution of the Russian Federation), which indicates the presidential nature of the Russian republic.

Thirdly, since 2008, the significantly increased actual role of the chairman of the Government of the Russian Federation in the management of the state and the folding dualism in the public administration system makes it possible to talk about the premier-presidential type of separation of power in our country.

Fourthly, the Russian Constitution does not provide for the possibility of dissolution of the Upper Chamber of the Federal Assembly of the Russian Federation (Council of the Federation), which makes it possible to talk about the presence of elements of the presidential-parliamentary type of state in Russia.

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 characteristic;
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/.

Is done by a student:
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History, Political Science and Law of the Faculty of MGOU
Tolkachev Anton Aleksandrovich

Institute of President in the Russian Federation

The Presidential Institute was approved in 1991 on a referendum. The first president was B. N. Yeltsin (June 12, 1991).

The legal status of the president was fixed in Art. 80 Constitution of the Russian Federation.

The President is the head of state.The Institute of President in the Russian Federation is not a classic (American), but rather it has the features of the French fifth republic. The head of state is not in any of the branches of power, but at the same time has separate powers of all branches. The president is not the head of government. He himself forms the domestic and foreign policy of the state, determines the structure of the government, makes decisions on his resignation. The appointment of the Government head carries out only with the consent of the State Duma.

The government is responsible not only to the president, but also before the parliament. Although on the basis of the text of the Constitution to a greater extent, before the president, from which the fate of the government is ultimately dependent.

The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation,compliance with the rights and freedoms of citizens. In the manner prescribed by the Constitution of the Russian Federation, it takes measures to protect its sovereignty, independence and state integrity, ensures the coordinated functioning and interaction of state authorities.

The President of the Russian Federation in accordance with the Constitution and Laws 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 election of the president is carried out on the basis of the Constitution of the Russian Federation and the Federal Law "On Elections of the President of the Russian Federation".

To nominate a candidate for the position of President has the right to a group of citizens and political parties. Moreover, if the party has a fraction in the State Duma, it is released from the need to collect voter signatures.

Elections are carried out if at least two candidates are registered. They are considered invalid if less than 50% of voters made to lists took part in them. Selected is considered a candidate who has gained more than 50% of the vote.

If this does not happen, re-voting is assigned. It is carried out in two candidates who have received the greatest percentage. In this case, the victorious is the one who gains the maximum number of votes.

On the expiration of the authority of the president, the procedure of entry into the position of new chosen head of state is the inauguration.

Competence of the President of the Russian Federationit is a combination of its powers to resolve issues of state and public life established by the Constitution of the Russian Federation. The following authority groups can be distinguished:

Formation of executive and management of it. The president although not included in the executive branch of power, interacts with it most actively. He forms the government. The decision on the mistrust of the Government made by the State Duma is not obligatory for him. The president can even dissolve the State Duma for this (Art. 117).

The presidential administration, which is not only his apparatus, but also the constitutional body and works closely with the government, includes: Head, Presidential Assistants, Plenipotentiaries, Head of the President, various commissions and departments (for example, a citizenship committee, etc.), Apparatus of the Security Council, etc.;

Interaction with federal legislative and judicial authorities.

The president has the right to delay the veto, that is, the right to reject the law adopted by the Federal Assembly. Thus, the head of state actively participates in the legislative process, and the last word in the adoption of laws remains usually behind it.

The president suggests the Council of the Federation of Candagacy of Judges of the Supreme, Supreme Arbitration and Constitutional Courts, taking direct participation in the formation of the highest judicial authority of the Russian Federation;

Security and defense authority. The President forms a military doctrine, heads the Security Council of the Russian Federation, is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation in both peaceful and wartime.

In addition, he introduces military situation both throughout the country and in separate locations, which must approve the Federation Council (without its consent, the corresponding decree will not be valid);

Powers in the field of foreign policy and international relations. The President holds international negotiations at the highest level, signs international treaties on behalf of Russia, which are later ratified in the Federal Assembly;

Other powers of the President of the Russian Federation. For example, the assignment of honorary titles and awarding state awards of the Russian Federation.

Acts of the Presidenthave the power of subband. Through these documents, the President of the Russian Federation and exercises all its powers listed above. Decrees of the President of the Russian Federation play the greatest role among acts. They are two species:

Wearing a normative character, that is, containing legal prescriptions an indefinite circle of subjects and calculated for long and multiple use;

Wearing individual character: about admission to citizenship of the Russian Federation, about enrolling for a position, about awarding.

In accordance with Art. 91. The Russian President has inviolability.The early termination of his authority takes place in the following cases:

Presidential resignation, that is, voluntary departure of the head of state from his post;

Resistant inability for health status to carry out the powers belonging to it;

Depreciation;

The death of the president.

In all these cases, the presidential duties temporarily move to the Chairman of the Government of the Russian Federation, which exercises all presidential functions, except for three: cannot initiate a referendum, dissolve the State Duma, as well as make proposals for amendments and revise the provisions of the Constitution of the Russian Federation. The election of the new head of state is held no later than three months after the early termination of the powers of the previous one.

From the Book State and Municipal Management: Abstract of lectures Author Kuznetsova Inna Alexandrovna

3. Institute of President of the Russian Federation: Status, Powers, Responsibility The President of the Russian Federation is the head of state and the guarantor of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen. He as the head of state represents the Russian Federation within the country and in international

From the book constitutional law of the Russian Federation. Lecture notes Author Nekrasov Sergey Ivanovich

4. Administration of the President of the Russian Federation on the Presidential Administration of the Russian Federation can be spent in a wide and narrow sense of the word. In a broad sense, it includes the government of the Russian Federation with all central bodies of government federal executive authorities

From the book of the Cheat Sheet for Roman Law Author Isaicheva Elena Andreevna

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From the book History of Customs and Customs Policy of Russia Author Pilyaev Valentina

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Administrative and legal status of the President of the Russian Federation and the system of the Presidential Administration of the Russian Federation, the President of Russia - the head of state and the guarantor of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen; The President of the Russian Federation is the head of state, but in fact he and the head of the executive power.

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2.7. The Institute of Citizenship in the Russian Federation, the concept and principles of citizenship in the Russian Federation citizenship - a sustainable legal relationship of a person with a state, expressed in the aggregate of their mutual rights, duties and responsibilities, based on the recognition and respect for the dignity of the main

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The Commission Institute and Organized Crime Crime as a negative social phenomenon, naturally inherent in any society, where there is a state and law, develops in accordance with the objective living conditions of society. In recent years we have

Federal Agency for Education

State Educational Institution of Higher Professional Education

Russian State Humanitarian University

Branch in Naro-Fominsk

Faculty of document learning

Specialty - Document Studies

and documentation support

office

Tymoshenko Alexander Viktorovich

Institute of Presidency in the Russian Federation

Course work

under the discipline "Modern organization of state institutions of Russia"

student I Course Group Dow 1-5

Scientific adviser-

associate Professor, K.I.N. Shapovalova ld

Naro-Fominsk 2007

Introduction

Chapter 1. Prerequisites for the introduction of the Institute of the Presidency in Russia

Chapter 2. Presidential place in the system of government bodies.

Chapter 3. Development of legislation on the election of the President of the Russian Federation in 1991-2000

Chapter 4. Powers of the President of the Russian Federation

§one. Powers of the President of the Russian Federation related to the legislative bodies

§ 2. Powers of the President of the Russian Federation related to the executive authorities

§ 3. The powers of the President of the Russian Federation associated with the judicial authorities

§ 4. Powers of the President of the Russian Federation in the field of defense of the country and security of the state

§ 5. Powers of the President of the Russian Federation in the field of foreign policy

§ 6. Powers of the President of the Russian Federation in relation to the subjects of the Federation

§ 7. Other powers of the President of the Russian Federation

Chapter 5. The main structures of the institute of the presidency in Russia

§ 1. Administration of the President of the Russian Federation

§ 2. Security Council of the Russian Federation

§ 3. Plenipotentiary representatives of the President of the Russian Federation

§ 4. State Council of the Russian Federation

Conclusion

List of used sources and literature

List of adopted cuts

Appendix 1. Structure of the Presidential Institute in the Russian Federation

Appendix 2. The structure of interdepartmental commissions of the Security Council of the Russian Federation


Introduction

Democratic transformations conducted in the Russian Federation in the early 90s led to the need to search for a new model of state power organization. The basis of such a model was the generally recognized principle of the separation of the authorities, as well as the introduction of the Institute of Presidential Power. For Russia, this institute was new. Since May 1991, when he was introduced in the Russian Federation, a certain experience was accumulated, which requires generalization. In the Russian Federation there was a formation, not only the institution of presidential power, but also parliamentarism, an independent judiciary, executive authorities.

The purpose of this work is to identify the characteristics of the Institute of Presidential Power in the Russian Federation.

Work tasks are as follows:

· Explore the formation of the Institute of Presidential Power in the Russian Federation and its interaction with other authorities;

· Show changes in the legislation on the election of the President of the Russian Federation;

· To analyze the powers of the President of the Russian Federation in various fields of its activities;

· To analyze the activities of the Structures of the Presidential Institute in the Russian Federation.

To write this work, literature was used, in which the regularities of the establishment of the Institute of Presidential Power in Russia, its place in state authorities, the problems of the formation and effective functioning of this institution, such as the monograph G.V. Dögteva "The Formation and Development of the Presidential Institute in Russia", considering and analyzing aspects of the Institute of Presidential in the Russian Federation, its place in the system of state authorities, the problems of the functioning and formation of this institution in the Russian Federation, as well as the prospects for the development of the presidency in Russia, and the textbook .G. Arkhipova and E.P. Malysheva under the "modern organization of state institutions of Russia", in the III section of which is considering the formation and development of the Institute of the Presidency in the Russian Federation. Also, the study of the above issues was used by such sources as the Constitution of the Russian Federation, the federal laws of the Russian Federation "On the Fundamentals of the State Service of the Russian Federation", "On the election of the President of the Russian Federation", the decrees of the President of the Russian Federation "On the authorized representative of the President of the Russian Federation in the region of the Russian Federation", "On the Authority Security Council of the Russian Federation "," On additional measures to improve the structure of the Presidential Administration of the Russian Federation "," On the authorized representative of the President of the Russian Federation in the Federal District "," On the State Council of the Russian Federation "," On the Presidential Administration of the Russian Federation ".

This work contains 5 chapters:

· Chapter 1 is devoted to the premises of the introduction of the Presidential Institute in Russia, as well as its formation at the initial stage;

· Chapter 2 addresses the competence of the President on cooperation with other state authorities;

· Chapter 3 analyzes the development of the legislation on the election of the President of the Russian Federation;

· Chapter 4 characterizes presidential powers in various fields of its activities;

· Chapter 5 discloses the mechanism of functioning and the structure of the presidential power in the Russian Federation.

Chapter 1. Prerequisites for the introduction of the Institute of the Presidency in Russia

In March 1990, the President of the USSR was established on the 3rd congress of people's deputies. It became clear that the president is needed and Russia - as a higher officer who will take care of the strengthening of independence, the representation and protection of his interests.

The choice of the optimal model of the institute of the presidency in Russia has become one of the key problems in the preparation of the draft new Constitution of Russia. The Constitutional Commission was the question: to be the president of the head of executive, or the executive power should be headed by the Government. The Constitutional Commission was supported by a version of the Presidential Republic, which was embodied with minor corrections in the law "On the President of the RSFSR" of 1991.

In the development of the presidential model, there was a question, or the president should be responsible for the people for the sovereignty of the state, for the reliability and integrity of the state system, for the reasonable cooperation of state bodies, or it should be a business government manager. It was decided that "the president should not be the All-Russian" Manager ". It must manage power, based on the strict separation of power functions. The role of "administration" was to take on the government - the Council of Ministers, elected by Parliament and responding to him. " The critics of the institution in the system of state bodies of the RSFSR of the president, it was considered that the real conditions for the concentration of power are created in the hands of one person, and that the establishment of the post of President of Russia will help not strengthen the SSR Union, but its destruction. Supporters of the Presidential Institute proved the inability of the Deputy Corps to conduct radical changes in the political and economic life of the state, they contrasted the legislative power of mobile executive power.

The concept of the institute of the presidency, where the President is the head of the executive and the highest official seemed to many deputies more democratic than the same institute of power at the SSR Union level.

Article 5 of the Law "On the Presidency of the RSFSR" of April 24, 1991, he consolidated the presidential powers who became the foundation of the Institute of Presidential in Russia, combining the two main components of the status of the President: the actual head of the state and the constitutional head of the executive.

But even with such major changes in the highest bodies of Russia, the main role was still played by the Congress and the Supreme Council of the RSFSR, because All the powers of the president were determined by the Parliament himself; Budget, all presidential programs, its administration, the entire executive power was funded by parliament; Parliament reserved the right to cancel any presidential decree; Parliament reserved the right to detect the President of the Russian Federation. Apparently, therefore, from 898 participating in the voting of people's deputies, 690 was expressed for the approval of the law "On the President of the RSFSR"

After the referendum, the Laws of the RSFSR were adopted on April 24, 1991 "On the President of the RSFSR", "On the elections of the President of the RSFSR" and dated June 27, 1991 "On joining the post of President of the RSFSR". Relevant changes and additions to the Constitution of the RSFSR of 1978, in which a special chapter has appeared. Based on these legislation, the first president of Russia was elected through universal, direct, equal elections in secret ballot June 12, 1991. B.N. became them Yeltsin, who previously held the position of the Chairman of the Presidium of the Supreme Council of the RSFSR.

The introduction of the post of President of Russia has become a consequence of progressive democratic processes in Russian society and in its political system. It reflected the process of transformation of political power from the system of party bodies and organizations to the system of government agencies and organizations, including the President's Institute and Tips.

There were other reasons:

First, the desire to fill in the introduction of the post of President of the RSFSR, a kind of "vacuum", which arose in the process of conducting economic and political reforms, when "the old system in which the party was the Supreme Governance of Heal and is dismantled. The processes occurring turned out to be unshameded to the properly creating strong mutual mutual and interconversion structures in the state system, the role of which was performed before the party. "

Secondly, the need to change federative ties. The President of the RSFSR was supposed to act as a coordinator in relations between sovereign republics.

Thirdly, the need to have integrating force not only in the political system of society and the system of separation of the authorities, but also in society itself.

Fourth need to strengthen the executive and increasing management efficiency.

In addition, the establishment of the post of President of the President of the RSFSR was associated with a certain extent with the need for the efficiency of the presidential authority to make rapid decisions on the current issues requiring operational interference.

The President of the RSFSR in accordance with the legislation of 1991 was endowed with broad powers. He possessed traditional legislative powers for the heads of all states; Signed and unveiled the laws adopted by the Supreme Council of the RSFSR, and could return the law to re-examined to the Supreme Council (the authority did not apply to the acts of the Supreme Legislative Body - the Congress of People's Deputies of the RSFSR), possessed the law of the legislative initiative.

The president was endowed with broad powers in the field of executive authority: appointed and dismissed all members of the Council of Ministers (the consent of the Supreme Council was required only for the appointment of the Chairman of the Council of Ministers and for the adoption by the President's resignation as a whole); Takes measures to ensure state and public security, etc.

However, the presidency Institute in Russia until December 12, 1993 did not fully denied the farthest in the councils, since the president's accountability was consolidated by the congress of people's deputies.

Decree of the President of the Russian Federation No. 1400 dated September 21, 1993 "On the dissolution of the Supreme Council, the congress of the People's Deputies of Russia and the election to the Federal Assembly and Elections of the President of the Russian Federation" broke the current state system and actually introduced the presidential republic. "Damage was made under the Soviet form of the state organization in Russia. Following the Supreme Council, the tips of the lower levels were eliminated. "

On December 12, 1993, elections were held in new legislative bodies and a referendum on the new Constitution. According to the 1993 Constitution, the President is in the system of federal state bodies formed after 1993, a special provision that will be discussed below.

Thus, from all of the above, it can be concluded that in the early 1990s, the introduction of the institute of the presidency in Russia was vital, due to the established political and economic situation. It reflected the process of transformation of political power from the system of party bodies and organizations to the system of government agencies and organizations, including the Institute of Presidency and Tips.


Chapter 2. Presidential place in the system of government bodies

According to the Constitution of the Russian Federation, the president of the Russian Federation is played in the state system. The status of the head of state is predetermined by its powers to ensure the unity and sustainability of the system of state power, its effective functioning in the context of the government to the legislative, executive and judicial. The president must provide a provision in which all government bodies fulfill their constitutional duties within their competence.

The position of the president in the system of government bodies is associated with the constitutional prerogatives of the head of state in relation to the executive authority.

Announced by broad powers and constantly interacting president and the government are two independent states of state power, largely come into contact when performing functions assigned to them. The relationship between the President of the Russian Federation with the government is governed not only by the Constitution, but also by federal laws

The President provides coordinated functioning and interaction of the government and other authorities, primarily with the chambers of the Federal Assembly.

The president may influence the activities of the government: approves the structures of federal executive bodies; appoints deputy chairmen of the government and ministers; The right to chair the government meetings; control over the legality of his acts; Direct subordination to him by the power departments. The President has the right to send the government to resign, or accept the resignation of the prime minister, which entails the resignation of the government as a whole.

In this regard, the government executive authorities are more closely related to the president, rather than other branches of power.

In the forensic area, the President of the Russian Federation presents the advice of the candidacy federations for appointing the judges of the Constitutional Court, the Supreme Court and the Supreme Arbitration Court. The turn, in solving the issue of rejoicing the president, the Supreme Court makes a conclusion that there are signs of a crime in the actions of the president; The Constitutional Court makes conclusion about complying with the established procedure for nomination of the charge.

The unifying function of the President of the Russian Federation manifests itself in the fact that it, according to the Constitution, provides coordinated functioning and interaction of government bodies. The president was granted the right to use conciliation procedures to resolve disagreements between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Federation, as well as between the state authorities of these subjects.

The basis of regulating relations between the President and the Federal Assembly is to ensure the independence and independence of these power institutions, but this does not mean that they are fully separated. On the one hand, mandatory relationships are established between them (president's appeal to the Federal Assembly, submission by the President of the bills, candidates for the respective posts). On the other hand, there is a system of counterweights in the form of the possibility of presidential president from office and dissolution by the President of the Federal Assembly. The President has the right to take decrees and orders. The President may reject the federal law adopted by the State Duma, but in the prescribed manner the State Duma and the Council of Federations can overcome this veto.

The President has a number of consulting bodies: the Security Council established by the Presidential Decree of June 3, 1992 and the State Council formed on September 1, 2000, where he presides. The President also forms his administration and implements the general leadership of it. At the same time, the administration itself is not the authority. The structure of the presidential authority includes Plenipotentiary Representatives of the President in federal districts.

By implementing its constitutional powers, the president through its authorized representatives in the State Duma, the Council of Federation and the Constitutional Court of the Russian Federation interacts with the legislative and judicial branches of the government.

The place of the president in the system of state authorities was determined not immediately. With the introduction of the Presidential Institute and the election of the First President of the RSFSR, the basis of the constitutional crisis was laid in the RSFSR. The crisis was predetermined by half the Constitutional reform of 1990-1991, when elements of the rules of separation mechanism were introduced into the Constitution of the RSFSR of 1978 and the position of President of the RSFSR was introduced, while maintaining the uncertain status of the congress of people's deputies as the highest authority of the state authority, which has the right to accept to its consideration and decide Any question related to the maintenance of the RSFSR. This led to the contradictions of constitutional norms that did not distinguish the powers of the executive, legislative and judiciary.

It provoked the confrontation and opposition to the formal powers of the executive authority led by the President of the RSFSR and the legislative bodies represented by the congress of the People's Deputies and the Supreme Council of the RSFSR.

Replacing the Councils of People's Deputies Another system of representative institutions in 1993 was a decision of the union of contradictions in the system of state power. All issues and problems concerning the relationship and interaction of the head of state and parliament were formulated in the draft new Constitution of 1993.

The 1993 Constitution put a point in disagreements between the President and Parliament. Parliament became in the literal sense by the legislative body and status aligned with other branches of power, thereby ensuring the necessary constitutional balance.


Chapter 3. Development of legislation on the election of the President of the Russian Federation in 1991-2000

The legislation on the election of the President of the Russian Federation is based on constitutional basics. So the President of the Russian Federation who has reached 35 years permissive in the territory of the Russian Federation for at least 10 years can be elected the president.

According to the Constitution of the Russian Federation, the procedure for choosing the president is determined by federal law. The first such law was adopted on April 24, 1991, the second - "On the elections of the President of the Russian Federation" - April 21, 1995, making a number of changes. So if the President of the RSFSR was elected for a period of five years, then the President of the Russian Federation was now elected for four years on the basis of universal equal and direct election law during a secret ballot. The election of the President of the RSFSR was appointed by the Congress of People's Deputies of the RSFSR, now - the Council of Federation of the Federal Assembly.

The Federal Law provided the right to nominate the president directly to the voters and electoral associations. The candidates have the right to nominate the election blocks created for the period of the presidential elections of the President of the Russian Federation.

According to the 1991 law, presidential candidates could be put forward by republican political parties, professional unions and mass socio-political movements. Also dealt with the right to nominate candidates, labor collectives, meetings of citizens at the place of residence and servicemen on military units. The vote bulletin included candidates supported by 100 thousand citizens, as well as candidates who received support for at least one fifth from the total number of people's deputies of the RSFSR.

The 1995 Law establishes a clearer and strict procedure for nominating candidates for the presidency. Electoral associations put forward candidates at the congresses of secret ballot. Citizens have implemented their right to directly nominate the candidate by creating an initiative group of voters in the amount of at least 100 people, which were then registered in the Central Election Commission.

As before, election associations and initiative groups of voters were collected in support of voter signature candidates. Now it was necessary to collect at least 1 million voter signatures, and no more than 7% of the required number of signatures should have to be accounted for one entity of the Russian Federation.

A number of clarifications in the electoral legislation made a third federal law on the election of the President of the Russian Federation, adopted on December 31, 1999. The law has stored the basic principles of the electoral system contained in the 1995 law. In addition, the law contained a number of new provisions. The law provided for a clearer norm on the term of office of the President of the Russian Federation: he takes office after the expiration of four years from the day the president of the president elected in previous elections. Guarantees of ensuring equal status of candidates were strengthened. The law has established a wider list of documents provided by the presidential candidate. In the Central Election Commission, information about the amount and sources of income, information about the property is not only a candidate, but also its closest relatives.

The 1999 Law provided a candidate a number of guarantees, including a material nature that ensure its independence. The candidate for the position of the president could not be brought to criminal responsibility, arrested or subjected to measures of administrative recovery imposed in court, without the consent of the Prosecutor General of the Russian Federation.

In 2003, the fourth federal law of January 10, 2003 "On the elections of the President of the Russian Federation" entered into force

He complemented the 1999 Law. It refined the order of self-nomination of the candidate, as well as the procedure for nominating a candidate by a political party or the electoral block. It also established a voting day at the next election of the president - the second Sunday of March.

The 2000 law prescribed in detail the provisions concerning the financial component of the presidential election, providing candidates of airtal time and printed area.

Thus, fundamental changes in the electoral legislation did not occur, however, a number of crucial provisions were introduced, such as: the introduction of a clear norm of the deadlines of the president; Strengthened guarantees of equal status of the candidate; Providing a number of guarantees by the candidate; A broader list of documents submitted by the candidate for the position of President of the Russian Federation, and the order of self-nomination of the candidate was also clarified. Also the day of voting was established at the next elections of the President of the Russian Federation.


Chapter 4. Powers of the President of the Russian Federation

The powers of the president cover several areas:

1) powers related to state authorities;

2) the powers associated with the activities of the executive bodies of state power;

3) powers related to the activities of judicial authorities;

4) powers in the defense and security of the state;

5) powers in the field of foreign policy;

6) other powers.

§one. Powers of the President of the Russian Federation related to the legislative bodies

For the President of the Russian Federation, the Constitution imposed a number of powers related to the activities of the State Duma. The president appoints the election of the DG in connection with the expiration of its term, as well as in the case of its dissolution.

In the legislative sphere, the Russian President is endowed with the right of legislative initiative, the right to make proposals for amendments, revising the provisions of the Constitution of the Russian Federation, to sign and publish laws, the right of undencing "veto" in relation to federal laws. The Constitution of the Russian Federation establishes the authority of the president to the publication of legal acts in the form of decrees and orders, and also establishes the appeal of the president to the Federal Assembly. This appeal does not have the strength of the law, it is the nature of the installation documents.


§2. . Powers of the President of the Russian Federation associated with the executive authorities

The President of the Russian Federation is most closely connected with the executive. He is not the head of the executive and not entering into its system. The President of the Russian Federation influences the Government of the Russian Federation through the personal appointments of its members and the adoption of important decisions in the field of executive.

The President appoints the Chairman of the Government (after coordinating the candidacy in the State Duma), decides on the resignation of the government. It has the right to chair the meetings of the Russian Federation on his discretion.

The President of the Russian Federation is endowed with the right to suspend the acts of 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 and federal laws, but it cannot suspend the acts of acts of legislative bodies of these subjects.

§3. . Powers of the President of the Russian Federation related to the judicial authorities

In accordance with the Constitution of the Russian Federation, judges of the Ultrasound Judicial Bodies of the Russian Federation are appointed by the President's submission. Judges of the Constitutional Court are appointed by the Federation Council by Secret Voting on the Subscription of the President of the Russian Federation.

The President submits the Council of the Federation of Candidates for the position of judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation. According to the President of the Russian Federation, the Federation Council can release the Prosecutor General from office.

§four . Powers of the President of the Russian Federation in the field of defense of the country and ensuring the security of the state

According to the Constitution of the Russian Federation, the President appoints and frees the highest command of the Armed Forces of the Russian Federation. The President approves the concept and plans for the construction of the armed forces, mobilization plans for the preparation and accumulation of mobilization reserves and operational equipment.

The Presidential Powers includes decrees about the appearance of citizens to military service, approval by the planned civil defense and dislocation of the Armed Forces. The President defines the main directions of reform in the field of defense and security, the concept of military construction.

The President of the Russian Federation forms and heads the Security Council, approves the military doctrine, in the event of aggression or direct threat of aggression martial law, and to ensure the security of the country - a state of emergency.

§five . Powers of the President of the Russian Federation in the field of foreign policy

The President in collaboration with Parliament develops a strategic foreign policy course and directly leads its implementation. The President establishes direct contacts with the heads of other states, personally participates in important international meetings, is negotiating on fundamental issues with the heads of states and governments of other countries. He personally signs important international treaties on behalf of the Russian Federation.

The Russian President is responsible for determining the state's foreign policy and its implementation by federal government agencies.

The Ministry of Foreign Affairs of the Russian Federation subordinate to the President on issues enshrined by the President of the Constitution and Legislative Acts of the Russian Federation.

The president takes credentials and response diplomas accredited with diplomatic representatives.

The president appoints and recalls diplomatic representatives of the Russian Federation in foreign countries and international organizations.

Despite all the powers, the president cannot be independent of the Federal Assembly in the implementation of foreign policy, because Parliament issues the necessary laws, ratifies contracts, allocates funds.

§6. . Powers of the President of the Russian Federation in relation to the subjects of the Federation

The President of the Russian Federation is entrusted with a very important role with the system of state authorities. It provides concerted work and interaction of government bodies. When performing this function, the President acts as an "arbitrator". This refers to the relationship between federal bodies and state authorities of the constituent entities of the Russian Federation. To resolve disagreements, the president may use conciliation procedures.

These procedures can be used to resolve conflicts and disagreements, firstly between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Federation, secondly, between the state authorities of the subjects.

The essence of conciliation procedures is to achieve the mutual consent of the parties, between which disagreements arose and are designed to solve the problem without elements of coercion.

§7. . Other powers of the President of the Russian Federation

Art. 89 The Constitution of the Russian Federation contains a list of powers of the President of the Russian Federation concerning personality - a citizen, a stateless person, a foreign citizen. The president is authorized to solve the issue of Russian citizenship.

Only the President has the right to grant political asylum.

The President exercises the highest form of state promotion - awarding by state awards of Russia. The President assigns the honorary titles of the Russian Federation, approves the statuses of the orders and regulations on medals, makes decrees to award them.

The president is given the right of pardon. The authority of the president also includes the purpose of the referendum.

Thus, the powers of the President of the Russian Federation covers a rather large sphere. The President is endowed with great real powers that it applies independently, legally independently of other bodies, but in close cooperation with them.


CHAPTER 5. BASIC STRUCTURES OF THE INSTITUTE OF THE PRESIDENT IN RUSSIA

§one . Administration of the Russian Federation

The presidential administration provides the activities of the head of state, creates conditions for the implementation by the president of his authority. AP is preparing projects of decrees, orders, instructions, presidential appeals, other documents. AP controls and checks the execution of federal laws, decrees, orders and presidential orders and presents to him relevant reports.

The AP provides the interaction of the president with political parties, associations, unions, as well as with state bodies and officials of foreign states, etc.

During its existence, the structure and composition of the RF RF has changed repeatedly.

The current structure is approved by the Decree of the President of the Russian Federation of March 25, 2004 "On the Presidential Administration of the Russian Federation"

In accordance with the Decree, the manager AP has two deputies. The composition of the President's Plenipotentiary Representatives in public authorities, with the European Court of Human Rights, Plenipotentiary Representatives of the President in federal districts.

The composition of the AP consists of 12 independent offices, the presidential referendte, the presidential office. The administration also includes the Security Council apparatus.

AP provides the activities of the State Council, other councils and commissions under the President. The administration has about 2000 civil servants. The largest divisions of the administration are the control offices, state-legal management, management of information and documentation support for the President of the Russian Federation.

AP is a state body, a legal entity, but not an economic entity. Material and financial support for the activities of the President and his administration is managed by the Office of the President. This is an independent federal executive body and is not part of the administration.

§2. Security Council of the Russian Federation

The prototype of Sat can be considered the SS of the USSR, formed on December 26, 1990. It was assigned to the development of recommendations for the implementation of public-union policy in the field of defense, to maintain its reliable state, economic and environmental safety, overcoming the effects of natural disasters and other emergencies, ensuring stability and legal order in society.

By decree of the President of the Russian Federation of June 3, 1992, the Security Council of the Russian Federation was formed to ensure the implementation of the functions of the President's management, the formation of internal, external and military security policies, the preservation of the state sovereignty of Russia, the protection of the rights and freedoms of citizens.

Sat implements the preparation of decisions of the President of the Russian Federation on the protection of the vital interests of the person, society and the states from domestic and external threats, the unified state policy in the field of security.

Sat consists of permanent members of the SS appointed by the President of the Russian Federation, including the Chairman of the Government of the Russian Federation, and the Secretary of the Defense Ministry of the Russian Federation, the Minister of Foreign Affairs, the Director of the FSB, are appointed. The heads of federal ministries and departments appointed by the President of the Russian Federation may also be members of the Sat.

The chairman of the Sat is the Russian President.

The main working bodies of Sat are interdepartmental commissions. They are formed in accordance with the main tasks and directions of Sat's activities. (Attachment 1)

The scientific support of the Sat activity is carried out by the Scientific Council, the composition of which is approved by the President of the Russian Federation.

The scientific council is assigned the following functions:

Development and improvement of the methodology for identifying, assessing and predicting security threats;

Carrying out a comparative analysis of theoretical provisions and practical measures to national security of foreign countries;

Participation in consideration and evaluation of information on the state of national security of the Russian Federation, etc.

The Scientific Council includes representatives of the Russian Academy of Sciences, heads of scientific organizations and educational institutions of higher education, as well as individual specialists.

Sat activity is provided by its apparatus. Structure, staffing and provision for it are approved by the President of the Russian Federation on the submission of the Secretary of the Security Council, coordinated with the head of the presidential administration.

The SB apparatus prepares for meetings of Sat and materials to them; Prepares projects of resolutions SB; Develops projects of federal laws and UAZs of the President of the Russian Federation; Provides the effect of interdepartmental commissions and scientific council at the Security Council.

Thus, Sat occupies an important place in the system of authorities to ensure the powers of the President of the Russian Federation, plays a prominent role in the policy to ensure the national security of Russia.

§3. Plenipotentiary representatives of the President of the Russian Federation

The Institute of Plenipotentiary Representatives of the President of the Russian Federation in federal districts was founded in 2000, as a forced measure of restoring the power functions of the federal center in the regions, ignoring the requirements and legitimate interests of the Russian Federation.

The territorial representation of the President of the Russian Federation is carried out through its authorized representatives in federal districts. Seven federal districts were established.

Plenipotentiary is appointed appointed and exempt from office by the President of the Russian Federation to submit the head of the presidential administration. The plenipotentiary representative is directly subordinated to the president and account for him. Plenipotentiary representative is a civil servant and is part of the Presidential Administration of the Russian Federation.

The tasks and functions of the Plenipotentiary Representative of the President of the Russian Federation are derived from presidential competence. Its main tasks include:

1) the organization of work on the implementation by state authorities of the main directions of the state policy;

2) organization of control over the execution of decisions of federal authorities;

3) ensuring the implementation of the Personnel Policy of the President of the Russian Federation;

4) the provision of reports to the President of National Security in the Federal District; political, social and economic situation in the district; Making the president of the Russian Federation relevant proposals.

Plenipotentiary representative in the Federal District plays an important role in ensuring constitutional legality. It organizes control over the execution of federal laws, decrees and orders of the president, decisions of the Government of the Russian Federation, for the implementation of federal programs, and also resolves disagreements between the federal state authorities and the state authorities of the subjects of the Russian Federation within the federal district.

Plenipotentiary representative is not endowed with independent competence, its appointment is to ensure the implementation of presidential powers.

§four . State Council of the Russian Federation

The State Council is a deliberative body under the President of the Russian Federation, formed on September 1, 2000. The President of the Russian Federation is the President of the Russian Federation, members - by the post of senior officials of the constituent entities of the Russian Federation. To solve operational issues, the Presidium of the Council is formed in the composition of the seven of its members to be rotated once every six months. Council meetings are held regularly, but at least once every three months. Presidium meets as needed.

The objectives of the tasks include:

1) facilitating the implementation of the authority of the president to ensure the agreed functioning and interaction of the authorities;

2) assistance to the President of the Russian Federation when using the conciliation procedures to resolve disagreements between the state authorities of the Russian Federation and the state authorities of the subjects of the Russian Federation, as well as between the state authorities of the constituent entities of the Russian Federation.

Also, the GS is called upon to conduct a discussion of federal laws and decrees of the President of the Russian Federation with national importance, including the federal budget issues.

Thus, the powers of the President of the Russian Federation are carried out through the mechanism of presidential power, the structure of which is responsible for each activity.


Conclusion

From all of the foregoing, it can be concluded that the introduction of the post of President of Russia has become a consequence of progressive democratic processes in Russian society and in its political system, which reflected the process of transformation of political power from the system of party bodies and organizations to the system of government agencies and organizations, including the Institute of President and Tips, As well as the desire to fill with the introduction of the post of President of the RSFSR, a kind of "vacuum", which arose in the process of conducting economic and political reforms, when the "old system", in which the party was the Supreme Contract for Healing and was dismantled, since the processes occurring were incomprehensible in Properly creating strong mutual-mutiving and interconnecting structures in the state system, the role of which was performed before the party. Also, the introduction of the presidency of the presidency was caused by the need to change federated ties, the need to strengthen the executive and improve the effectiveness of the management and to make rapid decisions on the current issues requiring operational interference.

Thus, in the early 1990s, the introduction of the institute of the presidency in Russia was vital, due to the established political and economic situation. It reflected the process of transformation of political power from the system of party bodies and organizations to the system of government agencies and organizations, including the Institute of Presidency and Tips.

The emergence of the institute of the presidency in the Russian Federation marked the beginning of the reform of the entire executive vertical. Over the past years, the presidency institute overcame the transition from one political system to another, retaining and strengthening its stability, and since 1993, having changed its status and place among the highest authorities of state power.

Since 1991, the institution of presidency in Russia, together with the rest of the statehood institutions, was in the process of continuous development and modernization.

The President of the Russian Federation, being the head of state, organizes the interaction of all branches of power, thereby ensuring their agreed functioning.

A repeated change in the electoral legislation did not produce significant changes, however, a number of critical provisions were introduced, such as: the introduction of a clear norm of the deadlines of the president's authority; Strengthened guarantees of equal status of the candidate; Providing a number of guarantees by the candidate; A broader list of documents submitted by the candidate for the position of President of the Russian Federation, and the order of self-nomination of the candidate was also clarified. Also the day of voting was established at the next elections of the President of the Russian Federation.

The President became endowed with great real powers, which it applies independently, legally independently of other bodies, but in close cooperation with them, through the mechanism of presidential power, the structure of which everyone responds to its scope.


List of used sources and literature

I. . Sources

1. Constitution of the Russian Federation. Accepted in popular voting on December 12, 1993 ed. Official. M., 2005.

2. Federal Law of July 31, 1995 "On the Fundamentals of the State Service of the Russian Federation" // SZ RF. 1995. No. 31. Art. 2990.

3. Decree of the President of the Russian Federation of July 9, 1997 "On the authorized representative of the President of the Russian Federation in the Russian Region" // SZ RF. 1997. No. 34; 2000 № 20. Art. 2112.

4. Federal Law of January 10, 2003 "On the election of the President of the Russian Federation" // SZ RF. 2003. No. 2. Art. 171.

5. Decree of the President of the Russian Federation of March 28, 1998 "On the Office of the Security Council of the Russian Federation" // SZ RF. 1998. № 14. Article 1536; 2004. No. 40. Art. 3929.

6. Decree of the President of the Russian Federation of January 30, 1999. "On additional measures to improve the structure of the Presidential Administration of the Russian Federation" // SZ RF. 1999. № 5. Art.652; 2004. No. 40. Art. 3929.

7. Decree of the President of the Russian Federation dated May 13, 2000 "On the authorized representative of the President of the Russian Federation in the Federal District" // SZ RF. 2000. № 20. Article.2112; 2004. No. 41. Art. 4021.

8. Decree of the President of the Russian Federation of September 1, 2000 "On the State Council of the Russian Federation" // SZ of the Russian Federation. 2000. No. 36. Article 3633.

9. The President of the Russian Federation of March 25, 2004 "On the Presidential Administration of the Russian Federation" // SZ RF. 2004. No. 13. Article 1188.

II. . Literature

10. Modern organization of government agencies in Russia: Tutorial / T.G. Arkhipova, E.P. Malyshev. - M.: RGGU, 2006. - 605 p. Il.11. 11. 11. Degtev G.V. The formation and development of the institute of the presidency in Russia: theoretical and constitutional foundations / G.V. Degtev. - M. - Lawyer, 2006. - 237 p.


List of accepted cuts.

AP - Administration of the President of the Russian Federation

GD - State Duma

GS-State Council

RF - Russian Federation

Sat - the Security Council of the Russian Federation

SZ RF - "Meeting of the Legislation of the Russian Federation"


ATTACHMENT 1

Institute of President of the Russian Federation


Appendix 2.

Interdepartmental Commissions of the Security Council of the Russian Federation.

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.

Each of their listed groups is a kind of subsequent institute with respect to the institution of the presidency as a whole. However, the essential element of this institute is the responsibility of the president. It seems that the studied institute would be clearly not complete if he had not contained the rules on the responsibility of the head of state. This is one of the important forms of constitutional responsibility, and quite serious. This is told, for example, attempts to implement impeachment in the United States (December 1998 - January 1999 in relation to B. Clinton) and Russia (in May 1999 in relation to B. Yeltsin), as well as how this The procedure affects the political and legal situation in the country. Thus, institute of Presidency - This is a system of constitutional and legal norms regulating the procedure of elections and entry into the position of president (inauguration), the authority of the president, determining its position in the system of government agencies, as well as early termination of powers, replacement and suspension from office. In determining the concept of the "Institute of the Presidency", some authors use such categories as the "elective head of state", "Higher official", "Political position", "State position", "Arbitrator in the system of state power authorities", "Head of Executive" , "Presidentialism". It seems necessary to consider using these terms. The president in all countries performs the functions of the head of state and is the highest official in the system of state bodies.

It is necessary to agree with the category "State position", which is defined as a legal establishment, through which the realization of functions, powers, the rights and responsibilities of the state officials are carried out. Political positions give state power a clearly pronounced individualized personified character. Recognizing generally the fact that the president is more likely to the executive authority than to legislative and judicial, we cannot agree that the President is the head of executive in all types of republics. This statement is quite true in relation to the presidential and, partly, to the semi-presidential republics. However, it cannot be applied to the parliamentary republics.

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.

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