What are the responsibilities of the president of the Russian Federation? In the article we will cover this topic in more detail. The brackets will contain the decrees of the article from the Constitution of the Russian Federation, unless there is an explanation of other normative legal acts.
Presidency institute
Many people think that the presidency appeared in our country after the collapse of the Soviet Union. In fact, this is not so: for the first time this post was introduced in 1990 in the USSR.
This happened as a result of the new Democratization Act 1988. M.S. Gorbachev carried out democratic reforms, after which the Congress of People's Deputies became the highest body in the country. The President of the USSR — the head of the executive branch — was elected at this Congress and legally subordinate to him. Those. in the USSR, at the end of its existence, they created a semblance of a democratic parliamentary republic, which vaguely resembled the modern system of Germany — with the Chancellor and Italy — with the Prime Minister. But significant differences were that the Soviet parliament consisted of 2,250 deputies, who met approximately once a year, and that there was one party - the CPSU.
Of course, at the end of the existence of the USSR, the last feature was eliminated: multi-party system and glasnost were introduced, but the Union was still far from western democracies. Nevertheless, the modern Liberal Democratic Party of Russia (LDPR) was organized back in the USSR (1989) and was called the LDPSS. Today it is not customary to recall this, since it is believed that we destroyed the old totalitarian system and created a new, democratic one. But for the sake of justice, we should note that in the USSR - at the decline of its existence - political and economic reforms were nevertheless outlined.
Political Crisis in Russia: Adoption of the Constitution and Declaration of the Rights and Duties of the President of the Country
The history of our state could have turned in such a way that the presidency might not have existed. The duties of the President of the Russian Federation were declared only in December 1993, when they adopted the new Constitution, but until then, the political leadership of our country had split into two camps:
- The former wanted to see the Supreme Council of the Russian Federation at the head of the state, to which the president would obey. They directed the vector of political development of the new state along the old Soviet path. It is possible that this vector would transform over time into a parliamentary republic, but people wanted radical changes in all areas of society.
- The second were supporters of the presidential-parliamentary republic. They believed that it was the president of the country chosen by the people that should be endowed with broader powers.
And President B.N. Yeltsin, and members of the Supreme Council of the Russian Federation, headed by R.I. Khasbulatov defended their point of view. As a result, a political crisis erupted in the country, which lasted from the beginning of 1992 until the fall of 1993, and could lead to a civil war in our country.
In the autumn of 1993, barricades appeared in the capital, and in some places clashes between the two warring parties escalated into street battles. The Supreme Council of the Russian Federation dismissed the President of the Russian Federation, and the latter dismissed the elected body by decree. It is worth saying that legitimacy was nevertheless on the side of the Council, since until December 1993 the country lived according to the 1977 Constitution of the USSR, therefore the presidential decree had no legal force.
However, B.N. Yeltsin referred to a referendum held in April 1993, in which about 58% of voters supported him. But still, 42% of the Council’s supporters are a significant percentage, and further escalation of the conflict could lead to disastrous consequences. There were people with machine guns everywhere, armed clashes over the Ostankino television tower took place.
On October 4, 1993, tanks of the Taman Division, formally subordinate to the Minister of Defense, a member of the Supreme Council of the Russian Federation, were introduced into the capital. They fired volleys at the White House, in which supporters of the Supreme Council took refuge. The latter surrendered, and they were accused of attempting a coup. And in December 1993, the new Constitution of the Russian Federation was adopted. Finally, the presidency was legitimized in the 1996 elections.
Presidential Status
The President under the Constitution of the Russian Federation is the head of state (part 1 of article 80). He does not head the executive branch, but he has the right to attend, preside over, meet with the Government, decide on his resignation and, with the consent of the State Duma of the country, appoint his head (Article 83).
Sources of law do not indicate the existence of a fourth type of power - “presidential power”. However, this term is used in jurisprudence to focus on the special status of the head of state in the legal system: on the existence of his own powers and various rights, and duties when interacting with other types of government, especially the executive.
What is the responsibility of the president of the Russian Federation? We will analyze in more detail later in the article.
Guarantee of rights and freedoms
The main duties of the President of the Russian Federation are to ensure the rights and freedoms of man and citizen (Part 2 of Art. 80). It should be clarified that this article refers both to the concept of “rights and freedoms of a citizen” and to “human rights and freedoms”. Let's analyze it in more detail.
The former refers to stable relations between citizens and the state (state power). This means that the head of our state should ensure the rights arising from the status of a citizen, for example, political rights (exercise of the right to elect and be elected, participate in peaceful political meetings and assemblies, take part in the activities of political parties, trade union committees and etc.).
“Human rights” means those that are enshrined in many international conventions and treaties. By them are meant such rules of conduct that ensure the freedom and dignity of the individual. The head of state can fulfill his obligations to protect the constitutional rights of citizens, for example, by vetoing certain laws and decisions of the State Duma until the final settlement of disputes by a competent court.
By “freedoms” we should understand the absence of any obstacles and restrictions in anything that can be introduced by the state for various reasons and in different volumes. An example is freedom of religion, the right to choose a profession, etc.
By-laws
The head of state has the right to issue his own by-laws - decrees and orders, which are binding on all citizens. If they do not contradict federal law.
A decree is a long-term regulatory act relating to an indefinite number of persons.
An order is an individual act relating to a specific person - legal or physical - or to a public authority.
The basic law of the country does not use the concept of "by-laws" as applied to decrees and orders of the head of state. However, they are such according to the current legal classification of sources of law, since they should not contradict either federal laws or the norms of the Constitution.
Normative decrees begin to apply throughout the country after 7 days after signing. Other orders - immediately.
Guarantor of the Constitution
The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation and is obliged to respect the preservation of its norms and prevent audits of guaranteed rights and freedoms. The Presidential Administration and the Commissioners for Children's Rights under the President of the Russian Federation and human rights help him fulfill these duties.
Guarantor of independence
We continue to analyze the constitutional duties of the President of the Russian Federation. The first person of the state is also the guarantor of sovereignty. He fulfills this obligation by possessing special powers, for example, the right to impose martial law. The head of state is also the supreme commander of the armed and naval forces.
Executive functions
The President represents the state in both foreign and domestic policies. For example, he is authorized to sign international treaties on behalf of the entire state, to defend the interests of Russian companies in the international arena, etc.
As for the internal representative function, it is necessary to clarify the peculiarity of the territorial-administrative structure. Russia is a federal state consisting of subjects and cities of federal significance. Subjects are separate mini-states within the Federation. They have the right to have their own internal constitutions, charters, establish their own legislative bodies issuing internal regulatory legal acts, national republics have the right to a second state language, etc. The main thing with such a system is that the laws of the subjects should not contradict the norms of the Constitution and federal laws. The head of state represents the federal center in relations with the subjects of the country.
Obligations related to interaction with authorities (Articles 83-85)
The President of the Russian Federation fulfills duties related to interactions with authorities:
- Appoints the Prime Minister with the consent of the State Duma.
- Decides on the resignation of the Government, suspends the actions of its acts.
- Appoints and dismisses the highest command of the Armed forces of the Russian Federation.
- Approves the military doctrine of the state.
- Appoints judges and the head of the Central Bank of the Russian Federation.
- Initiates bills to vote in the State Duma.
- Signs and promulgates the signing of federal laws adopted by the country's Parliament.
- Calls referenda.
- Addresses annual messages to the Federal Assembly.
Term of office of the President of the Russian Federation (Article 81)
Initially, under the 1993 Constitution, the head of state was elected in the general democratic election for 4 years. In 2008, constitutional reform took place . Now since 2012, the term of office of the President of the Russian Federation is 6 years. And the next presidential election will be held in our country in March 2018.
Requirements for a presidential candidate
What does it take to become a major state? There is a mandatory legislative minimum, which is prescribed in the Constitution of the country:
- age not younger than 35 years;
- residence in our country for at least ten years;
- lack of outstanding criminal record.
The rights and obligations of the President of the Russian Federation under the Constitution (briefly)
So, to summarize and list the competence of the head of state:
- guarantor of the Constitution, independence, rights and freedoms of citizens;
- maintaining the system of work of public authorities;
- representation in domestic and foreign policy;
- ensuring the country's security;
- monitoring compliance with the Constitution;
- emergency measures in emergency situations, declaration of martial law;
- monitoring the activities of all branches of government;
- resolving issues related to citizenship and political asylum;
- the formation of the country's Security Council;
- referendum call;
- chairing meetings of the executive branch, deciding on the resignation of the Government and appointing a new Chairman with the consent of the Duma;
- decision making on awarding and clemency;
- appointment of the head of the Central Bank with the consent of the Duma;
- the appointment of judges;
- publication of own decrees and orders that do not contradict federal laws and the Constitution;
- other duties.
We hope that your knowledge in this area has expanded.