According to the Constitution of the Russian Federation, the person holding the highest public office is the president, who is popularly elected for a term of six years. Being the guarantor of the Constitution, he is endowed with a wide range of powers, some of which are executive in nature. An important aspect of presidential activity is ensuring the country's defense capabilities, which is why he personally leads its armed forces. He was given the right to establish the main political course of the state in both domestic and foreign policy issues.
From the history of the presidency in Russia
The presidency of the RSFSR was approved a quarter of a century ago by a general referendum held in March 1991. Its results served as the basis for the adoption of a law regulating and regulating the activities of the head of state and outlining his terms of reference. A separate legal act established the procedure for the election of the president. In the same year, a number of important amendments and additions to the country's Basic Law — the Constitution of the RSFSR — were developed and introduced, and soon a legal act was adopted establishing the procedure for the president to take office.
In December 1991, when a decision was made at the government level to rename the RSFSR to the Russian Federation, the modern name of the highest state post appeared - the President of the Russian Federation, and the corresponding amendments were made to the Constitution. However, at that time the powers of the president were significantly different from the current ones. For example, the installation of the state’s political course was entirely provided to the Congress of People’s Deputies, and not to the president, as it is at present. And there are quite a few such examples.
In the period following the establishment of the presidency, the head of state depended entirely on the Supreme Council, its Presidium, and the Congress of People's Deputies, together representing the legislative branch. The actions of President Yeltsin aimed at strengthening the executive branch, and his political disagreements with representatives of the legislative branch, caused the sharp constitutional crisis that arose in 1992-1993. Its consequence was the abolition of the Institute of Congresses of People's Deputies and the activities of the Supreme Council, as well as the establishment of the president’s personal power in the country.
Presidential Empowerment Constitution
As a result of the adoption in December 1993 of a new version of the Constitution of Russia, a decree was issued, and later an annex to it, which served as the basis for invalidating and not enforcing the previous laws on the Supreme Council and Congress of People's Deputies, the Constitutional Court and a number of other acts that were part of contrary to the provisions of the new Constitution and limiting presidential power. It was this edition of the Constitution that granted the head of state much broader powers than the previous Basic Law as amended in 1978, as amended in 1992.
According to the current Constitution, the term of office of the President of the Russian Federation is calculated from the day of his inauguration until the expiration of the entire period of government or his early resignation. Article No. 81 of the country's Basic Law establishes a six-year period of his reign.It should be noted that in accordance with previous legislation, the term of office of the president was four years, but on the basis of amendments to the constitution in 2008, a law was passed that extended it to six years. This provision is valid today.
Termination of powers of the President of the Russian Federation
The head of state may be removed from power in the event of the commission of serious unlawful acts provided for by this law. The decision on this is taken by the Council of Federations on the basis of indictment collected by representatives of the State Duma against him. Its main reason may be the Supreme Court’s conclusion on the president’s actions, which include signs of treason.
Moreover, the termination of the powers of the president can only happen if at least two-thirds of the votes of representatives of each of the chambers of the Council of Federations and one-third of deputies of the State Duma were submitted in support of the charge. Also a prerequisite is the conclusion of a specially created commission. According to the same article of the Constitution, the termination of the powers of the President of the Russian Federation should occur on the basis of a decision of the Federation Council, adopted no later than three months after the indictment submitted by the State Duma.
Relations between the President and the Government
Considering the powers of the president granted to him by the Constitution, we begin with the laws on the basis of which he can coordinate the actions of the Russian government. First of all, it is the president’s right to appoint a prime minister. He does this at his discretion, but in agreement with the opinion of the State Duma. In addition, having the right to attend and speak at all government meetings, he gets the opportunity to determine the general direction of politics. In this case, the powers of the president in the executive branch are exercised. This ensures a more efficient work of the highest governance bodies.
The powers of the president include the right to dismiss a government that is objectionable to him. According to the Basic Law, this requires either a statement by the government itself or an expression of no confidence in it from the State Duma. In any of these cases, the president has the right to interrupt the activities of this composition of the government. Also, the president’s powers in the field of government include his right to appoint and dismiss senior federal officials.
Legislative power of the president
This important aspect of its activities is regulated by the 84th article of the Constitution of the Russian Federation. It provides for the obligation of the president to call elections to the State Duma, for the consideration of which he was given the right to introduce bills considered by an extraordinary order. The powers of the Russian president give him the opportunity to appoint a popular referendum to address critical issues, which is a direct expression of the popular will.
To more fully comply with the Constitution of the requirements of the current moment, the president is vested with the right to initiate the introduction of certain amendments and changes to it. It is incumbent upon it by its signature to give the newly developed federal laws their binding force.
Foreign Affairs of the President
The constitutional powers of the president in foreign policy matters come down mainly to three main points. As the legal representative of Russia, he has the right to conduct international negotiations and sign ratifications. His responsibilities include the appointment and removal of officials holding senior positions in various diplomatic missions of Russia, including foreign states and various international organizations (for example, the UN).And finally, he has the right to sign international treaties.
President - Supreme Commander of the Armed Forces
As mentioned above, the head of state has the responsibility to ensure his defense capability. In this regard, the powers of the President of the Russian Federation give him the right to determine the main features of the country's defense policy and to direct all its armed forces, including various military formations and organizations.
The president’s approval includes all plans related to the civil defense of the state, as well as the deployment of troops and the deployment of military facilities. He is also responsible for the signing of international treaties on joint defense and collective counteraction to aggression.
Orders and directives of the head of state, who is at the same time the highest military leader of the armed forces, are binding on all military units subordinate to the Ministry of Defense and the General Staff. The powers of the President of the Russian Federation also give him the right to appoint and remove the highest representatives of the command staff of the Russian army.
In case of emergency, the head of state is authorized to issue decrees on the introduction of martial law in the country, but in order to give this act legal force, he must forward his decision to the Council of Federations.
Issues of Russian citizenship
The powers of the president extend to issues related to citizenship of the Russian Federation. On the basis of the country's Basic Law, he is entitled to grant citizenship (or refuse to grant it) to foreigners, former USSR citizens, as well as to persons who for some reason do not have citizenship. This also includes the consideration of cases on the restoration of citizenship and withdrawal from it.
The President has the right to make a final decision in cases of problems with dual citizenship, the provision of which is in his direct competence. And, finally, his exclusive prerogative can be called the solution of the questions of granting (or refusing to grant) political asylum to foreigners. He has these powers on the basis of international agreements signed by a number of states.
Separate Group of Presidential Powers
In addition to all of the above, there are powers of the President of the Russian Federation allocated to a special group that includes both normative and individual acts. These include his right to declare a state of emergency in case of attempts to overthrow the legitimate government, the emergence of conflicts on national or interreligious grounds, as well as the riots provoked by them. Both the introduction of martial law in the country or its individual parts, and the introduction of a state of emergency requires the president to coordinate with the Federation Council.
The president’s authority also includes a form of higher incentive such as the awarding of various government awards. In his competence is the approval of the status of various existing award marks and the establishment of new ones. In some of the most solemn occasions, the president personally awards.
One can not ignore another important prerogative of the head of state - pardon. By this act, the president has the right to partially or fully release the convicted person from the punishment imposed on him in accordance with the court sentence, or replace him with a milder one. One form of pardon is the removal of a criminal record from a person who has already served a sentence. It should be noted that this act always has an individual character and is applicable exclusively to any specific person or to a certain group.
Responsibility of the president for committed acts
Despite the fact that the president is an inviolable person, he, like any citizen of the country, is responsible for his actions before the law. In particular, the Constitutional Court of the Russian Federation has the right to call him as a defendant if the act adopted by him may conflict with the Basic Law of the country. The President may also be liable in the event of filing a civil lawsuit against him in a regular court, if the act issued by him infringes on the property interests of individual legal entities or individuals.
The possibility of bringing charges of treason and other serious crimes to the president has been mentioned above. In these cases, the measure of punishment may be his removal from power with the subsequent application to him of all ordinary criminal laws.
Social and legal guarantees of the former president
When the term of office of the President of the Russian Federation ends, then after his resignation, he has a number of social guarantees. This is, first of all, a regular lifetime pension, which makes up 75% of his salary during his tenure. In the event of the death of the president, members of his family are provided with monthly maintenance in the amount of six minimum pensions established for that period.
Particular emphasis in the law is placed on the integrity of the president after the end of his term. In particular, it is said that he is forbidden to hold him accountable for actions that took place during his tenure as president, and in cases related to his state activities, he cannot be detained, arrested, searched, or searched.
