Functions of the president of the russian federation according to the constitution table. Functions of the President of the Russian Federation. Based on the importance of the unity of state power, the chapters of the Constitution devoted to the three branches of government are preceded by a chapter on the President of the Russian Federation. It begins the presentation in

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1. The main functions of the President of the Russian Federation

The main functions of the President as the head of state are determined by the Constitution of the Russian Federation. President of Russian Federation:

a) is the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms;

b) in accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of public authorities;

c) in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state;

d) as the head of state, represents the Russian Federation within the country and in international relations.

The function of the President to protect the sovereignty of the Russian Federation, its independence and state integrity is also fully and widely formulated in the Constitution of the Russian Federation. And here the President must act within the limits of his powers established by the Constitution. The Constitution provides for the procedure for declaring war, but an extraordinary situation may arise requiring the President to respond quickly and adequately.

Responsible and complex is the function of the President of the Russian Federation to ensure the coordinated functioning and interaction of government bodies. This function is important for the interaction of public authorities, both at the federal level and at the level of relations between the authorities of the Federation and the constituent entities of the Russian Federation and between various constituent entities of the Russian Federation.

The President carries out representative functions alone. He has the right to send his representatives to the constituent entities of the Russian Federation (this is a representation within the country), and these representatives are empowered on behalf of the entire state. Speaking in the field of international relations, the President of the Russian Federation negotiates with the heads of other states, has the right to sign international treaties on behalf of Russia, join international organizations, and appoint ambassadors and representatives to other states. In accordance with international law, he enjoys the protocol under the right to the highest honors when making official visits to other states. Any international obligations assumed by officials on the Russian state without instructions from the President of the Russian Federation may be disavowed by him (declared invalid).

2. The constitutional powers of the President of the Russian Federation in thefer the legislature

The president:

Has the right to legislate. initiatives, i.e. the right to submit bills to the State Duma, ~ have priority with t. the sequence of their consideration;

Appoints the elections of the State Duma acc. with K. RF and FZ;

Dissolves the State Duma in the cases and in the manner provided for by the RF Government;

Appoints a referendum of the Russian Federation in accordance with the procedure established by the FKZ;

Signs and publishes the FKZ and FZ;

Has the right of a suspensive veto in relation to the federal law adopted by the chambers of the FS;

Appeals to the FS with annual messages on the situation in the country, on the main directions of internal and ext. policy of the Russian state.

3. Powers of the President in the sphere of executive power

The President of the Russian Federation is the head of state. The President of the Russian Federation is the guarantor of the Constitution, human and civil rights and freedoms. In accordance with the procedure established by the Constitution, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities (part 1, 2, article 80 of the Constitution).

Powers of the President of the Russian Federation:

1) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;

2) has the right to chair a meeting of the Government of the Russian Federation;

3) makes decisions on the resignation of the Government of the Russian Federation;

4) at the suggestion of the Chairman of the Government of the Russian Federation, appoints and dismisses from office the Deputy Chairmen of the Government of the Russian Federation and federal ministers;

5) appoints and dismisses plenipotentiary representatives of the President of the Russian Federation;

6) appoints and dismisses the high command of the Armed Forces of the Russian Federation;

7) appoints and recalls, after consultation with the relevant committees or commissions of the chambers of the Federal Assembly, diplomatic representatives of the Russian Federation in foreign states and international organizations;

8) uses 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 constituent entities of the Russian Federation;

9) has the right to suspend the acts of the executive authorities of the constituent entities of the Russian Federation in the event of a conflict of these acts with the Constitution and federal laws, international obligations of the Russian Federation or violation of human and civil rights and freedoms until this issue is resolved by the appropriate court;

10) exercises powers in accordance with the Constitution and federal laws as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and Chairman of the Security Council of the Russian Federation;

11) manages the activities of federal executive bodies on defense, security, justice, etc. in accordance with the Constitution, federal constitutional, federal laws.

Federal ministries, federal services and federal agencies, whose activities are managed by the President of the Russian Federation: the Ministry of Internal Affairs of the Russian Federation (the Federal Migration Service subordinate to it), the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters, the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Defense RF (subordinate to it the Federal Service for Military-Technical Cooperation, Federal Service for Defense Orders, Federal Service for Technical and Export Control of the Russian Federation, Federal Agency for Special Construction), Ministry of Justice of the Russian Federation (subordinate to it Federal Service for the Execution of Punishments, Federal Registration Service, Federal Service of Judicial bailiffs, Federal Agency for Real Estate Cadastre), State Courier Service of the Russian Federation (federal service), Foreign Intelligence Service (federal service), Federal Security Service of the Russian Federation, Federal Service and the Russian Federation for the control of drug trafficking, the Federal Security Service of the Russian Federation, the Main Directorate of Special Programs of the President of the Russian Federation (federal agency), the Administrative Department of the President of the Russian Federation (federal agency). president administration credentials

4. Powers of the President of the Russian Federation in the field of exercising judicial power

They are quite limited, since he has no right to interfere in the sphere of their activities. Its powers are associated only with the formation of the relevant bodies. Thus, the President of the Russian Federation submits to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation, submits to the Federation Council a proposal to dismiss the Prosecutor General of the Russian Federation; appoints judges of other federal courts (art. 83).

In the process of exercising his powers, the President of the Russian Federation adopts certain legal acts, the main forms of which are decrees and orders. Decrees of a normative nature contain general rules of conduct, relate to a more or less wide range of individuals and legal entities and are designed for repeated use, in contrast to non-normative (individual) decrees relating to specific persons, enterprises, bodies and relations (for example, decrees on the appointment certain persons for the position). Orders are usually individual acts. Acts of the President of the Russian Federation do not need countersignature and are binding on the entire territory of the Russian Federation, although they are of a subordinate nature, because they should not contradict the Constitution of the Russian Federation and federal laws (Article 90). Acts of the President of the Russian Federation are subject to obligatory official publication within ten days after they are signed in Rossiyskaya Gazeta and in the information bulletin Collection of Laws of the Russian Federation (except for acts or their individual provisions containing state secrets or are of a confidential nature) and, if they are regulatory in nature, enter into force simultaneously throughout the territory of the Russian Federation within seven days after the day of their first official publication. In the specific conditions of the need for a quick and radical update of the legal basis for the formation of a market economy, democratization, civil society and the rule of law in the Russian Federation, presidential decrees have played an important role in the formation of a new legal system.

5. Military powers of the President

In the military field, the powers of the President are quite broad:

· He is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, approves the military doctrine of the Russian Federation, appoints and dismisses the high command of the Armed Forces of the Russian Federation.

· The President has the right to take over command of the Armed Forces at any time in the event of war or threat of aggression.

· In the event of aggression against Russia or its immediate threat, the President introduces martial law on the territory of the Russian Federation or in some of its localities with immediate notification of this to the Federation Council and the State Duma. But the President has no right to declare a state of war. The decree on the introduction of martial law requires approval by the Federation Council.

· The military powers of the President of the Russian Federation are specified in some federal laws. Thus, the Federal Law "On the Procedure for Providing the Russian Federation with Military and Civilian Personnel to Participate in Activities to Maintain or Restore International Peace and Security" dated June 23, 1995 No.

· He also determines the area of operations, tasks, subordination, duration of stay, the procedure for replacing these servicemen and decides on their recall. If we are talking about sending military formations of the Armed Forces outside the Russian Federation, then the decision on this is made by the President of the Russian Federation on the basis of a resolution of the Federation Council on the possibility of using the Armed Forces outside the territory of the Russian Federation.

· The decision to withdraw these formations is taken by the President of the Russian Federation independently, but he is obliged to inform the Federation Council and the State Duma about this.

· The President of the Russian Federation is entrusted with a certain responsibility for organizing the training and provision of military and civilian personnel for participation in peacekeeping activities; he determines the formation procedure, composition and number of the military contingent.

6 ... Legal acts of the president

LEGAL ACTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION- legal acts of general importance issued by the head of state within the limits of his constitutional powers. The President expresses his powers and the will expressed through their implementation through legal acts. In accordance with the Constitution of the Russian Federation (part 1 of article 90), the President has the right to issue decrees and orders. Acts of the President are binding on the entire territory of the Russian Federation. They are subordinate in nature and must comply with the Constitution and federal laws. The order of the President of the Russian Federation of August 3, 1996 established the procedure for the preparation of decrees and orders of the President of the Russian Federation, providing for approval by the Government of the Russian Federation and the Administration of the President of the Russian Federation, as well as their legal expertise. The decision on the readiness of the project for submission to the President is made by the Head of the Presidential Administration of the Russian Federation. Decrees, orders (as well as federal laws) are signed by the President with his own hand; a facsimile seal is used only in exceptional cases and only with the personal permission of the President (such a seal is kept by the head of the President's Office). Acts of the President are published in the Collection of Legislation of the Russian Federation. Regulatory decrees enter into force simultaneously throughout the entire territory of the Russian Federation seven days after the day of their official publication.

Among the acts issued by the President, as a rule, decrees are of a normative nature. In the “Collected Legislation of the Russian Federation”, the decrees of the President of the Russian Federation are published in the third section. At the same time, normative decrees are placed at the beginning; non-normative decrees are placed after the normative decrees. Regulatory decrees of the President are subject to official clarification. Such an explanation, on behalf of the President, is authorized to be given by the Main State and Legal Directorate of the President of the Russian Federation. So, on October 16, 2000, the Main State Legal Department, number 16, gave an official explanation of clause 1 of the Decree of the President of the Russian Federation of March 15, 1999, No. 334 "On changing the procedure for the mandatory sale of a part of foreign exchange earnings." The text of such an explanation is published in the third section of the Collected Legislation of the Russian Federation (that is, in the same place where the normative decrees of the President are placed). At the same time, like the decree, the official clarification has an indication of the date of its adoption and a serial number.

In some cases, the President issues orders as normative acts. In particular, this applies to cases of determining the legal status of one or another unit of the Administration of the head of state. However, such cases are exceptional.

7 ... Administration of the President of the Russian Federation

One can speak about the Administration of the President of the Russian Federation in the broad and narrow sense of the word. In a broad sense it includes the Government of the Russian Federation formed by him with all the central bodies of the government federal executive power (government bodies) and all the presidential structures of his Administration. In the narrow sense we are talking only about the Administration of the President of the Russian Federation, which is formed by the President and is in his personal and direct jurisdiction and subordination, which is characterized by a peculiar status and broad competence. The Administration of the President of the Russian Federation in this proper sense operates on the basis of the "Regulations on the Administration of the President of the Russian Federation" approved by its decrees and has a complex ramified structure. The Administration of the President of the Russian Federation is a state body that ensures the activities of the President of the Russian Federation and exercises control over the execution of his decisions, and acts as a member of the Head of the Presidential Administration of the Russian Federation, two deputy heads of the Presidential Administration of the Russian Federation - assistants to the President of the Russian Federation, aides to the President of the Russian Federation, Press Secretary of the President of the Russian Federation, Head of Protocol The President of the Russian Federation, plenipotentiary representatives of the President of the Russian Federation in federal districts, advisers to the President of the Russian Federation, plenipotentiary representatives of the President of the Russian Federation in the Federation Council and the State Duma of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation, senior referents, assistants of the President of the Russian Federation and other officials, as well as independent subdivisions that consist of departments. Of the Presidential Administration of the Russian Federation, which include: the Office of the Security Council of the Russian Federation (on the rights of management), the offices of the plenipotentiary representatives of the President of the Russian Federation in federal districts (on the rights of management), the office of advisers to the President of the Russian Federation, the State Legal Department of the President of the Russian Federation, the Office of the President of the Russian Federation (on the rights of management) ), Control Directorate of the President of the Russian Federation, Reference Office of the President of the Russian Federation (as management), Secretariat of the Head of the Presidential Administration of the Russian Federation (as management), Office of the President of the Russian Federation for Foreign Policy, Office of the President of the Russian Federation for Internal Policy, Office of the President of the Russian Federation for Personnel Issues and State Awards , Office of the President of the Russian Federation for Civil Service, Office of the President of the Russian Federation for Ensuring the Constitutional Rights of Citizens, Office of Information and Documentation Support of the President of the Russian Federation, Office of the President of the Russian Federation for Work with Citizens' Appeals, Office of the Press Service and Information of the President of the Russian Federation, Protocol Organization Ionic Directorate of the President of the Russian Federation, Expert Directorate of the President of the Russian Federation. The general management of the Administration is carried out by the President of the Russian Federation, to whom the following are directly subordinate:

1) the head of the Administration, deputy heads of the Administration, assistants to the President of the Russian Federation, press secretary of the President of the Russian Federation, head of the protocol of the President of the Russian Federation, plenipotentiaries of the President of the Russian Federation in federal districts, advisers to the President of the Russian Federation, plenipotentiaries of the President of the Russian Federation in the Federation Council and the State Duma of the Federal Assembly of the Russian Federation, The Constitutional Court of the Russian Federation, senior assistants and assistants of the President of the Russian Federation;

2) Secretary of the Security Council of the Russian Federation.

The President of the Russian Federation appoints and dismisses from office in the Administration officials directly subordinate to him, as well as heads of departments of the President of the Russian Federation, heads of other independent divisions of the Administration, deputies and assistants of the secretary of the Security Council of the Russian Federation; determines other persons in the Administration, appointed and dismissed by them directly and subordinate to him; approves regulations on the departments of the President of the Russian Federation, other independent divisions of the Administration.

The President of the Russian Federation and his Administration, which has a complex and ramified structure, constitute and represent a kind of indissoluble unity, a special and very specific state body of presidential power - the Presidency. The peculiarities of this state body reflect and organizationally consolidate all the specifics and essence of the purpose of the Russian presidential power in the general system of state power, which ensures, on the one hand, the coordinated functioning of all branches of state power (the prerogative of the President of the Russian Federation as the head of state and guarantor of the Constitution), and on the other hand, state regulation and management of all life activities of the state and society.

8. State Council

president constitution legal legislative

The State Council of the Russian Federation is an advisory body created under the President of the Russian Federation in order to exercise the powers of the head of state on ensuring the coordinated functioning and interaction of government bodies.

The Council of State includes:

1) the chairman of the State Council (he is the President of the Russian Federation);

2) members of the State Council (they are senior officials or heads of the highest executive bodies of state power of the constituent entities of the Russian Federation).

The work of the State Council is carried out on a voluntary basis, that is, the activities of officials working in this State Council are not paid.

To resolve operational issues, a Presidium is formed within the State Council, which includes 7 members of the State Council. The composition of the Presidium is determined by the President of the Russian Federation and is replaced once every six months.

The powers of the Presidium of the State Council include consideration of the work plan of the State Council, the agenda of its next meeting, analysis of the implementation of the work plan of the State Council and its decisions. Meetings of the Presidium of the State Council are held at least once a month. If necessary, extraordinary meetings of the Council of State may be held.

The Council of State and its presidium within their structure may create permanent and temporary working groups to prepare issues submitted to a meeting of the Council of State. These groups can involve scientists and specialists for the implementation of individual work, both on a paid basis and on a voluntary basis.

The organization of the activities of the State Council is carried out by special divisions of the Presidential Administration of the Russian Federation and the Administrative Department of the President of the Russian Federation.

Plenipotentiaries of the President of the Russian Federation are officials specially authorized by the Head of the Russian Federation who are part of the structure of the Administration of the President of the Russian Federation.

Plenipotentiaries of the President of the Russian Federation may be:

1) in federal districts (their activities are coordinated by the head of the Presidential Administration of the Russian Federation);

2) in the State Duma (the activities of these representatives are coordinated by the Deputy Head of the Presidential Administration of the Russian Federation - Assistant to the President of the Russian Federation);

3) in the Federation Council (they are directed by the Deputy Head of the Presidential Administration of the Russian Federation - Assistant to the President of the Russian Federation);

4) in the Constitutional Court of the Russian Federation (the activities of these representatives of the President of the Russian Federation are also carried out by the Deputy Head of the Presidential Administration - Assistant to the President of the Russian Federation).

Plenipotentiary representatives of the President of the Russian Federation in the chambers of the Federal Assembly and the Constitutional Court monitor the activities of the relevant bodies, attend their meetings, prepare and send reports on their work to the President of the Russian Federation, exercise other powers.

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Articles 83 and 84 of the Constitution set out part of the powers of the President of the Russian Federation, a number of his other rights and duties are indicated in Art. 85–90 of this chapter. Article 83 defines the powers of the President in relation to the Government:

1) The President, in accordance with the Constitution, appoints the Chairman of the Government of the Russian Federation with the consent of the State Duma. The President's proposal on this issue is submitted to the State Duma no later than two weeks after the newly elected President takes office or after the resignation of the Government, or within a week from the day the State Duma rejects the candidacy for the post of Chairman of the Government;

2) The President has the right to preside over meetings of the Government, i.e. to conduct meetings of the Government, to speak at them, he also determines the main directions of the domestic and foreign policy of the state, in this case the President acts as the head of the executive branch;

3) The President has the right to make a decision on the resignation of the Government in the following cases: submission by the Government of a resignation letter, expression of no confidence in the Government by the State Duma, refusal by the State Duma to trust the Government. The President has the right, on his own initiative, to decide on the resignation of the Government; in this case, the consent of the State Duma for the release of the Chairman of the Government is not required.

When the Government submits a letter of resignation, the President may disagree with this statement and instruct him to continue performing his duties. The President is given the right to disagree with the decision of the State Duma to express no confidence in the Government or to refuse to trust, but if the State Duma again distrusts the Government, the President announces the resignation of the Government or dissolves the State Duma;

4) the powers of the President, enshrined in this article, can be distinguished into a special group, to appoint and dismiss officials of the Russian Federation holding key positions at the federal level:

The appointment and dismissal of the Chairman of the Central Bank of the Russian Federation, members of the Board of Directors of the Central Bank shall be made by the State Duma. In this case, the Chairman of the Central Bank is appointed and dismissed on the proposal of the President. If the candidate proposed for the position of the Chairman of the Central Bank is rejected, the President shall submit a new candidate within two weeks. One candidate cannot be submitted more than two times;

Appointment and dismissal of Deputy Prime Ministers and Federal Ministers, although these persons are appointed at the suggestion of the Prime Minister, the President retained all the rights to personally appoint persons who make up the Government;

The President submits to the Federation Council candidates for the office of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, and the Prosecutor General of the Russian Federation. The appointment of these officials is carried out by the Federation Council. He, on the proposal of the President, can dismiss the Prosecutor General from office. The President of Russia independently appoints judges of other Federal Courts;

The President forms the Presidential Administration, which is a state body created to ensure the activities of the President. The Administration includes the Chief of Staff, first deputies, deputy heads, presidential aides, main departments, plenipotentiary representatives of the President, the staff of the Security Council and the Defense Council, and other divisions. The Presidential Administration carries out its activities in accordance with the Constitution, federal laws, decrees and orders of the President of Russia;

In accordance with the Constitution, the President appoints and dismisses from office the plenipotentiary representatives of the President who represent the interests of the President in federal government bodies, government bodies of federal subjects, local government bodies, as well as in Russian foreign and international organizations;

The President of the Russian Federation, being the Supreme Commander-in-Chief of the Armed Forces of Russia, appoints and dismisses the high command of the Armed Forces (commanders of military branches, military districts, etc.);

The President has been given the constitutional right to appoint and recall the diplomatic representatives of the Russian Federation in foreign states and international organizations. The appointment or recall of diplomatic representatives is preceded by consultations with the committees and commissions of the Federal Assembly, which the President may take into account, but they are not mandatory. The President issues a decree on this issue.

One of the main tasks of the President of our country is to protect the sovereignty of the Russian Federation, its integrity and independence. In the exercise of his powers in resolving these issues, the President relies on the Security Council, the status of which is determined by the Federal Law (Law "On Security" of March 5, 1992). The Security Council prepares decisions of the President in the field of security, considers issues of domestic, foreign and military policy and other types of security (economic, social, environmental, etc.). Permanent members and members of the Security Council are appointed by the President of the Russian Federation on the proposal of the Secretary of the Security Council, who is appointed and dismissed by the President. On the most important issues of decisions of the Security Council, Decrees of the President of Russia are issued.

The military doctrine determines the military-political activity of our state. The main provisions of the military doctrine of the Russian Federation represent a set of official views on military issues, including the prevention of wars, military conflicts, and the protection of the vital interests of our state. Military doctrine proposals are developed by the General Staff of the Armed Forces. The main provisions of the military doctrine guarantee Russia's strict observance of the UN Charter, international norms, principles and are defensive in nature.

Article 84 sets out the powers of the President that relate to his relationship with the legislature.

The President of the Russian Federation, as the head of state, with the aim of continuous work of state power, shall appoint elections to the State Duma. The constitution defines the term of office of the State Duma - four years. Election day is the first Sunday after the expiration of the term for which the State Duma of the previous convocation was elected. The period from the date of the appointment by the President of the election to the day of the election must be at least four months.

The President of the Russian Federation shall appoint elections of deputies to the State Duma also in the event of the dissolution of the State Duma within the time frame and procedure provided for by the Constitution of Russia.

The President dissolves the State Duma only in cases determined by the Constitution itself in Articles 111 and 117 (see the comments to these articles). It should be borne in mind that the President has the right to dissolve only one chamber of the Federal Assembly. The dissolution of another chamber - the Federation Council - is not provided for by the Constitution at all.

The powers of the President also include the appointment of a referendum, which, along with free elections, is the highest direct expression of the will of the people. General provisions for holding a referendum, the procedure for its appointment, voting procedures and other issues are determined by the federal constitutional law "On the referendum of the Russian Federation" of October 10, 1995 No.

The President has the right to initiate legislation, he has the right to submit bills to the State Duma, and if the bill is urgent, it is subject to extraordinary consideration at Duma sessions.

The President of the Russian Federation is empowered to make proposals for amendments and revision of the provisions of the Constitution of Russia.

The President is responsible for signing and promulgating federal laws. This is the traditional function of the head of state to make the law binding. The adopted federal law is sent within five days to the President of the Russian Federation, who must sign and promulgate the law within fourteen days. The President has the right to reject the law, which entails its reconsideration. By virtue of the Constitution, the President has no right to refuse to sign and promulgate a federal constitutional law.

Federal constitutional laws and federal laws enter into force simultaneously throughout the entire territory of the Russian Federation upon the expiration of ten days after the day of their official publication, unless the laws themselves establish a different procedure for their entry into force.

In the event that the procedure for signing and promulgating a law is not followed, such a law has no legal force.

The Constitution of Russia stipulates that the President addresses the Federal Assembly with annual messages about the situation in the country, about the main directions of domestic and foreign policy of the state. These messages do not have the force of law, they are in the nature of setting documents.

Messages from the President are considered at joint sessions of the chambers of parliament.

The President determines the main directions of the state's military policy, exercises leadership of the Armed Forces of Russia, other military formations and organizations. The powers of the President include the issuance of decrees on the conscription of citizens for military service, as well as the approval of the civil defense plan of the Russian Federation, he also approves plans for the deployment of the Armed Forces and other troops, the deployment of military facilities. The President negotiates and signs international treaties of the Russian Federation on joint defense and military cooperation on collective security issues. As the Supreme Commander-in-Chief of the Armed Forces, the President, within the limits of his powers, issues orders and directives that are binding on the Armed Forces, other troops, and military formations. The Russian Armed Forces are controlled by the Ministry of Defense and the General Staff of the Armed Forces.

The President of the Russian Federation introduces by his Decree martial law throughout the country or in its individual localities and immediately informs both chambers of the Federal Assembly about it. The presidential decree on the introduction of martial law is subject to approval by the Federation Council, which confirms the legal force of this decree.

Martial law is introduced by the President in the event of aggression against Russia or an immediate threat of aggression and represents a special legal regime for the life of the state. During martial law, bodies of state power and local self-government are endowed with special powers, new wartime governing bodies are created. The imposition of martial law is associated with certain restrictions on the rights of citizens; state power is concentrated in the hands of the military. During the period of martial law on the entire territory of the Russian Federation, the State Duma shall not be subject to dissolution.

The President of the Russian Federation, under the circumstances and in the manner prescribed by the federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in some of its localities with immediate notification of this to the Federation Council and the State Duma (Article 88 of the Constitution of the Russian Federation).

The purpose of introducing a state of emergency is to ensure the safety of citizens and protect the constitutional order. The procedure for the introduction of a state of emergency is determined by the Law of the Russian Federation of May 17, 1991 "On a state of emergency". A state of emergency is introduced by the Decree of the President of Russia in cases of attempts to forcibly change the constitutional order, interethnic conflicts, riots, natural disasters, etc. With the end of the state of emergency, all acts adopted in connection with the introduction of the state of emergency become invalid.

The President's right to impose a state of emergency on the territory of the Russian Federation or in certain localities is associated with his duty to immediately inform the Federation Council and the State Duma about this. The presidential decree on a state of emergency is subject to approval by the Federation Council.

According to the Law "On Citizenship of the Russian Federation", the President decides on:

Admission to the citizenship of the Russian Federation of foreign citizens, citizens of the former USSR and stateless persons;

Makes decisions on the restoration of citizenship;

Gives permission to renounce citizenship;

Allows a citizen of the Russian Federation to have dual citizenship.

Until these issues are resolved by the President, they are preliminarily considered by the Commission on Citizenship Issues under the President of the Russian Federation.

The competence of the President also includes the solution of issues of granting political asylum, which is the sovereign right of the state-subject of international law. In the Russian Federation, only the President has the right to grant political asylum.

The President implements the highest form of state encouragement - the awarding of state awards of Russia. The President also confers honorary titles of the Russian Federation, approves the statuses of orders and regulations on medals, issues decrees on the establishment and rewarding of state awards.

State awards are the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation, honorary titles of the Russian Federation. State awards can be awarded to citizens of Russia, stateless persons, foreign citizens. The President of the Russian Federation confers the military ranks of marshals, generals and admirals. For preliminary consideration of these issues, a Commission on State Awards has been established under the President.

The President has been granted the right to pardon. A pardon is an act of the supreme power, which completely or partially relieves the convicted person from punishment or replaces the punishment with a milder one. The act of pardon may remove the conviction from persons who have already served their sentence. Acts of pardon are always individual in nature, i.e. they are accepted in relation to a specific person or several specific persons.

Acts of the President, which are of a normative legal nature, enter into force throughout the territory of Russia simultaneously seven days after their official publication, unless a different period is set when the act is adopted.

The President of the Russian Federation has immunity (Article 91 of the Constitution of the Russian Federation).

This article gives an important characteristic of the status of the President of the Russian Federation - his inviolability. This article does not disclose the content of the concept of immunity. But from the analysis of other provisions of the Constitution, the following conclusion can be drawn:

1) the inviolability of the President is connected with the creation of all guarantees for him during his term of office, i.e. during the period of his powers, the President cannot be detained, arrested and subjected to a search and personal search;

2) inviolability also extends to the living and office premises that the President occupies, to used personal and official vehicles, things;

3) The President cannot be subject to criminal, administrative and civil liability for offenses. Thus, the Constitution grants the President absolute, unlimited immunity.

2. The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms. In accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities.

3. The President of the Russian Federation, in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state.

4. The President of the Russian Federation, as the head of state, represents the Russian Federation within the country and in international relations.

1. The President of the Russian Federation is elected for a period of six years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.

2. A citizen of the Russian Federation who is at least 35 years old and has permanently resided in the Russian Federation for at least 10 years may be elected President of the Russian Federation.

3. One and the same person may not hold the office of President of the Russian Federation for more than two consecutive terms.

4. The procedure for the election of the President of the Russian Federation is determined by federal law.

1. On assuming office, the President of the Russian Federation takes the following oath to the people:

"I swear, while exercising the powers of the President of the Russian Federation, to respect and protect the rights and freedoms of man and citizen, to observe and defend the Constitution of the Russian Federation, to defend the sovereignty and independence, security and integrity of the state, to faithfully serve the people."

2. The oath is taken in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation.

a) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;

b) has the right to preside over meetings of the Government of the Russian Federation;

c) makes a decision on the resignation of the Government of the Russian Federation;

d) submit to the State Duma a candidate for appointment to the post of the Chairman of the Central Bank of the Russian Federation; puts before the State Duma the issue of dismissing the Chairman of the Central Bank of the Russian Federation;

e) at the suggestion of the Chairman of the Government of the Russian Federation, appoint and dismiss the Deputy Chairmen of the Government of the Russian Federation and federal ministers;

f) submit to the Federation Council candidates for appointment to the office of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints judges of other federal courts;

f.1) submit to the Federation Council candidates for appointment to the post of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation; submits to the Federation Council proposals on the dismissal of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation; appoints to office and dismisses from office prosecutors of the constituent entities of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, districts and prosecutors equated to them;

g) forms and heads the Security Council of the Russian Federation, the status of which is determined by federal law;

h) approves the military doctrine of the Russian Federation;

i) forms the Administration of the President of the Russian Federation;

j) appoints and dismisses plenipotentiary representatives of the President of the Russian Federation;

k) appoints and dismisses the high command of the Armed Forces of the Russian Federation;

l) appoints and recalls, after consultation with the relevant committees or commissions of the chambers of the Federal Assembly, diplomatic representatives of the Russian Federation in foreign states and international organizations.

President of Russian Federation:

a) appoint elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;

b) dissolves the State Duma in the cases and in the manner provided for by the Constitution of the Russian Federation;

c) appoints a referendum in the manner prescribed by federal constitutional law;

d) submits bills to the State Duma;

e) signs and promulgates federal laws;

f) addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state.

1. The President of the Russian Federation may use conciliation procedures to resolve disagreements between 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 constituent entities of the Russian Federation. In case of failure to reach an agreed decision, he may refer the resolution of the dispute to the appropriate court.

2. The President of the Russian Federation shall have the right to suspend the action of the acts of the executive bodies of the constituent entities of the Russian Federation in the event of a conflict of these acts with the Constitution of the Russian Federation and federal laws, international obligations of the Russian Federation or violation of human and civil rights and freedoms pending the decision of this issue by the appropriate court.

President of Russian Federation:

a) manages the foreign policy of the Russian Federation;

b) negotiates and signs international treaties of the Russian Federation;

c) signs the instruments of ratification;

d) accepts the credentials and letters of recall from diplomatic representatives accredited with him.

1. The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.

2. In the event of aggression against the Russian Federation or an imminent threat of aggression, the President of the Russian Federation shall impose martial law on the territory of the Russian Federation or in some of its localities with immediate notification of this to the Federation Council and the State Duma.

3. The regime of martial law is determined by federal constitutional law.

The President of the Russian Federation, under the circumstances and in the manner provided for by the federal constitutional law, shall introduce a state of emergency on the territory of the Russian Federation or in some of its localities with immediate notification of this to the Federation Council and the State Duma.

President of Russian Federation:

a) resolve issues of citizenship of the Russian Federation and granting political asylum;

b) awards state awards of the Russian Federation, confers honorary titles of the Russian Federation, higher military and higher special titles;

c) grants pardon.

1. The President of the Russian Federation issues decrees and orders.

2. Decrees and orders of the President of the Russian Federation are binding on the entire territory of the Russian Federation.

3. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.

The President of the Russian Federation has immunity.

1. The President of the Russian Federation begins to exercise his powers from the moment he takes the oath and terminates their execution upon the expiration of his term of office from the moment the newly elected President of the Russian Federation takes the oath.

2. The President of the Russian Federation shall terminate the exercise of powers ahead of schedule in the event of his resignation, persistent inability for health reasons to exercise his powers or dismissal. In this case, the election of the President of the Russian Federation must take place no later than three months from the date of early termination of the exercise of powers.

3. In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation does not have the right to dissolve the State Duma, call a referendum, or make proposals for amendments and revisions of the provisions of the Constitution of the Russian Federation.

1. The President of the Russian Federation may be removed from office by the Federation Council only on the basis of the State Duma's accusation of high treason or committing another grave crime, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.

2. The decision of the State Duma to bring charges and the decision of the Federation Council to dismiss the President from office must be adopted by a two-thirds majority of votes in each of the chambers on the initiative of at least one third of the State Duma deputies and subject to the conclusion of a special commission formed by the State Duma.

3. The decision of the Federation Council to remove the President of the Russian Federation from office must be made no later than three months after the State Duma brings charges against the President. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered rejected.

HIDDEN POWERS OF THE PRESIDENT OF RUSSIA: ISSUES OF THEORY AND PRACTICE

Annotation. As a result of the analysis of doctrinal sources and changes in legislation in the sphere of powers of the President of Russia, the article reveals such trends as: the expansion of powers through legislation and bylaws, the institutionalization of hidden powers. The reasons for the expansion of hidden powers are identified and the risks of this legal phenomenon are identified. The conclusion is made about the inconsistency of the spreading "manual control mode" in the mechanism of exercising the constitutional powers of the President of Russia with the substantive essence of the constitutional model of the institution of the president. Possible ways of resolving the established practice are proposed. Key words: Constitution, President of the Russian Federation, hidden powers, actual and legal source of hidden powers, tendencies of the “legal fate” of hidden powers of the President of Russia.

DOI: 10.17803 / 2311-5998.2018.46.6.015-023

Professor, Doctor of Law, Acting Head of Department of Constitutional and

of the Kutafin Moscow State Law University (MSAL)

[email protected] 125993, Russia, Moscow, ul. Sadovaya-Kudrinskaya, d. nine

HIDDEN POWERS OF THE PRESIDENT OF RUSSIA: ISSUES OF THEORY AND PRACTICE

Abstract. In the article, as a result of the analysis of doctrinal sources an-dChanges in legislation in the sphere of powers of the President of Russia, The following tendencies are revealed: expansion of powers through legislation and by-laws; on the institutionalization of hidden authority The reasons for the expansion of hidden powers and the risks of this legal phenomenon are identified. A conclusion is drawn about non-compliance "manual mode" in the mechanismrealization of the constitutional powers of the President of Russiathe content of the constitutional model of the president "s institution. Possible ways of resolving the established practice are suggested. Keywords: Constitution, President of the Russian Federation, hiddenpow-ers, actual and legal source of hidden powers, tendencies of the "legal fate" of the hidden powers of the President of Russia.

Valentine

Victorovna

KOMAROVA,

Professor, Doctor of Law, Head of the Department of Constitutional and Municipal Law of the University named after O.E. Kutafina (Moscow State Law Academy) [email protected] 125993, Russia, Moscow, st. Sadovaya-Kudrinskaya, 9

"T ^ NATURAL

) UNIVERSITY

L - S named after O.E. Kugafi on (MPOA)

The legal nature of the Constitution of the Russian Federation, which is the most important political act that determines the balance of interests and views of the leading socio-political forces at the time of its adoption, establishes the fundamental goals, principles and values, the vector of development of society and the state, the foundations of the legal status of the individual, socio-economic and the political organization of society, the state-territorial structure, the exercise of public power, predetermines the presidential powers.

The Constitution of the Russian Federation, as a system-forming law of the state, plays an important role in the institution of presidency, which is relatively new for the country: it not only reinforces it in a new way, but also distinguishes two subinstitutions, using for this a different methodology for presenting the constitutional text: substantive and functional.

O. E. Kutafin wrote that “the main essential characteristic of the status of the President of the Russian Federation is that he, being the head of state, combines two qualities: a state body and a senior official ... functions, in a generalized form formulated in Art. 80 of the Constitution of the Russian Federation "1. OE Kutafin believed that “the head of state is. a symbol of the unity of the nation (people) and the state ”2.

We agree that if “we take the substantive side of the political and legal phenomenon as the primary basis, then the constitutional and legal status in terms of its potential and development opportunities in acts of constitutional and legal and sectoral legislation is strategically defining, in a concentrated form it has absorbed the main characteristics of the presidency. If we proceed from formal legal requirements, the constitutional and legal institution is more voluminous and reveals in more detail the deep potential of the status ”3.

In modern Russian constitutional theory and practice, the presidential powers in their expansive dynamics are subjected to a detailed analysis

1 Kutafin OE Head of state: monograph. M.: Prospect, 2013.560 p.

2 Kutafin OE Head of State. M., 2012.S. 7.

3 Malinovsky V.A.President of the Republic of Kazakhstan: institution, functions and instruments of power: author. dis. ... dr. jurid. sciences. Almaty, 2004.55 p.

4 Komarova V.V., Magomedov Sh. B. Head of state, region of the Russian Federation. M., 1999.S. 15-17.

ShZh Komvrovv V.V.

UNIVERSITY Hidden powers of the President of Russia: | /

named O.E. Kutafina (Moscow State Law Academy) Questions of theory and practice

liza and classification. A variety of grounds have been proposed for identifying species diversity.

Oleg Emelyanovich Kutafin singled out the powers of the President of the Russian Federation related to the formation of other federal government bodies, ensuring the coordinated functioning and interaction of government bodies and the rule of law in their activities, defining the main directions of domestic and foreign policy of the state, with his participation in the federal legislative process , as well as powers in the field of foreign policy, defense and security of the state5.

V.E. Chirkin identifies the powers of the head of state, the basis for which can be called the field of activity:

1) representation of the state within the country and in the international arena;

2) the formation of state bodies and the appointment of senior officials;

3) protection of the constitutional order;

4) powers related to the legal status of the individual and the protection of human and civil rights;

5) coordination and arbitration powers;

6) participation in the activities of the legislative branch;

7) participation in the activities of the executive branch;

8) participation in the activities of the judiciary6.

A. N. Kokotov conditionally divides the powers of the president into his powers as the head of state and as the actual head of the executive branch7.

L.A. Okunkov singled out the powers of the president as the guarantor of the Constitution, in the sphere of the use of conciliation procedures by the president, the powers of the president in the field of personnel policy, in the field of defense of the country and ensuring its security, in foreign policy8.

In accordance with the functions of the president, the powers of the president are distinguished: as the guarantor of the Constitution; as a guarantor of human and civil rights and freedoms; to protect the sovereignty of the Russian Federation, its independence and state integrity; to determine the main directions of domestic and foreign policy; to ensure the coordinated functioning and interaction of public authorities; on the submission of the Russian Federation within the country and in international relations; to ensure their own activities; on the adoption of acts 9. The study of functional classification is probably the deepest today10.

5 Kutafin OE Head of state: monograph. M.: Prospect, 2013.S. 426-489.

6 Chirkin V.E. Head of State. M.: Norma: Infra-M, 2010.239 p.

7 Kokotov A. N. Constitutional law of Russia: a course of lectures. M.: Prospect: Welby, a 2008.296 p. T

8 Okunkov L. A President of the Russian Federation. Constitution and Political Practice. M.: Norma, Infra-M, 1996.S. 36-54. AND

9 Kolobaeva N. Ye. Constitutional and legal status of the President of the Russian Federation (questions of theory and practice): author. dis. ... Cand. jurid. sciences. Ekaterinburg, 2007.S. 19-22. N

10 Prokofiev V.N. Powers of the President of Russia as the guarantor of the Constitution: history,

modernity, prospects // Science and education: economy and economy; undertaking

UNIVERSITY

O.E. Kugafina (MPOA)

The powers allocated according to the criterion of targeted orientation are disclosed in their works by A.M. Osavelyuk11, L.A. Okunkov12 and other authors13. There are imperative and discretionary, exclusive and ordinary powers14.

And practically in each of the above and not named classifications that exist in the theory of constitutional law, the authors leave outside their theoretical constructions some presidential powers in the form of “other powers of the President of the Russian Federation” or directly indicate the presence of those that do not fit into the proposed classifications ...

The names of such presidential powers are different: hidden powers (revealed by the Constitutional Court of the Russian Federation), “implied” (revealed in the course of the law-making activities of the head of state) powers15, these terms are used as synonyms16; decree law17, surety law (Yu. A. Tikhirov18), reserve powers19.

But the essence, according to the author of the article, is approximately the same, in contrast to “competence expansion” - “an obvious extra-constitutional expansion of the powers of the President in excess of the limits of competence at the expense of the competence of other institutions. This phenomenon took place throughout the entire existence of the Russian institution of presidency, but in three stages, distinguished by the influence of various factors, goals, conditions and, which is fundamentally, ways of expanding presidential powers: 1991-1993; 1994-1999; 2000-2009 "20. Note that the process of institutionalizing hidden powers continues.

negligence; law and governance. 2017. No. 7 (86); Petrushkina Yu. D. Powers of the President of the Russian Federation as the head of state // Legality and rule of law in modern society. 2013. No. 15; Vinogradov O.V. Powers of the President of the Russian Federation as the guarantor of the Constitution, human and civil rights and freedoms // State and Law. 2008. No. 3 (32). S. 221-226.

11 Osavelyuk A. M. Constitutional law of foreign countries. M.: Unity-Dana, 2012.575 p.

12 Okunkov L.A. President of the Russian Federation. Constitution and Political Practice. M.: Norma, Infra-M, 1996.S. 36-54.

13 Komarova V.V. Constitutional law: textbook. M.: Direct-Media, 2014.161 p.

14 Shchipanov A.V. Powers of the President of the Russian Federation: variants of classifications // Russian legal journal. 2009. No. 6. S. 232-235.

15 Authors such as M. A. Krasnov, L. M. Rakhmanov, O. N. Tarasov, E. Bondarets also speak about the presence of hidden or implied powers of the President of the Russian Federation.

16 Modern problems of the organization of public authority: monograph / hands. ed. call and otv. ed .: d. yu. Sci., Professor S. A. Avakyan. M.: Yustitsinform, 2014.S. 9.

17 Luchin V.O. Decree law in Russia. M., 1996.

18 Abaeva E. A. Constitutionalization of hidden presidential powers // Constitutional ideals and values in practical democracy: materials and reports of Intern. scientific-practical conferences. Samara, 2017.S. 168.

19 Krasnov M.A.Status of the head of state as an element of the president's authoritarian potential // State and law. 2015. No. 1.P. 14, 15.

20 Zuikov V.A.Politics within the framework of law: the rules of the game for the President // Constitutional and municipal law. 2010. No. 2. S. 25-31.

ShShZh Komvrovv V.V.

UNIVERSITY Hidden powers of the President of Russia: named after O.E. Kutafina (Moscow State Law Academy) Questions of theory and practice

Based on the letter of the Constitution of Russia, the normative structure of the institution of the president consists, firstly, of the norms of the federal constitution, secondly, of the norms of federal constitutional laws, thirdly, of the norms of federal laws, and fourthly, of bylaws21.

What can be called hidden powers: those that are not named in the constitutional text (primary hidden powers) or federal legislation (secondary hidden powers)? Is it legal to distinguish two levels of hidden powers?

The constitutionally enshrined powers of the President of Russia find a mechanism for their implementation in federal legislation. As a result, the legislator began to demonstrate development trends towards a clearer definition of competence and obligations.

For example, according to the Federal Law of 03.07.2016 No. 236-FZ "On Public Companies in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" 22 a public company can be created not only on the basis of federal law, but also on the basis of the decree of the President of the Russian Federation. In addition, the President of the Russian Federation has the right to make a decision on the creation of a public law company, the President of the Russian Federation determines the term, the right to appoint the chairman and members of the supervisory board of a public law company and terminate their powers ahead of schedule can be secured; reorganization and liquidation of a public company established on the basis of a decree of the President of the Russian Federation is also carried out on the basis of a decree of the President of the Russian Federation.

On the basis of this Law, the President of the Russian Federation receives an annual report from a public company.

The law establishes the right of the President of the Russian Federation by his legal acts to provide for the exercise of certain powers in relation to public companies. Thus, we see the expansion of powers sanctioned by the legislature on the basis of acts of the President of Russia - sanctioned hidden powers (the third level of hidden powers).

There are other examples - expansive ones sanctioned by laws. Federal Laws dated July 13, 2015 No. 215-FZ "On the State Corporation for Space Activities" Roscosmos "23 and dated July 26, 2017 No. 187-FZ" On the Security of the Critical Information Infrastructure of the Russian Federation "24 consolidate the powers of the President of the Russian Federation and the Government in relation to the corporation ; powers of the President and state authorities of the Russian

21 Komarova V.V., Magomedov Sh.B. Decree. op. P. 79.

22 Federal Law of 03.07.2016 No. 236-FZ (as revised on 23.04.2018) "On public law companies in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" // SZ RF. 2016. No. 27 (part I). Art. 4169. And

23 Federal Law of 13.07.2015 No. 215-FZ (as amended on 23.04.2018) "On the State E Corporation for Space Activities" Roscosmos "// SZ RF. 2015. No. 29 (part I). N Art. 4341. □

SZ RF. 2017. No. 31 (part I). Art. 4736.

Federation in the field of ensuring the security of critical information infrastructure.

However, the scope of powers enshrined by the federal legislator in this mechanism, and their expansive limits, raise the question of proportionality due to the risk of shifting from the executive power to the President of Russia the decisions of point, rather than vector, basic issues arising from the spirit of the Constitution of Russia and the content of the institution of the president. Questions arise: is this the exercise of the powers of the President or direct interference in the activities of the executive branch, sanctioned by the representative government? In this regard, it might be advisable to introduce a procedure for the President's approval of government decisions in a particular area, so as not to delve into the manual management of pinpoint issues.

Returning to the sources of "hidden" powers, we note that their division into factual and legal is obvious. The latter include federal legislation and by-laws. Among the latter, a special place is occupied by acts of the President of Russia aimed at:

To create new types of acts (orders). From the point of view of the author of the article, the institutionalization of the hidden powers of the President of Russia can be judged by the actually operating “surety law” - not only because the orders of the President of Russia today are numbered in dozens, but also by the existing responsibility for their failure. A striking example can be the Lists of instructions for the implementation of the President's Address to the Federal Assembly, approved by the President of the Russian Federation on March 16, 2018, December 5, 2016 No. Pr-2346, December 5, 2014; letter of the Ministry of Labor of Russia dated January 29, 2018 No. 13-5 / 10 / P-546 "On the List of Instructions of the President of the Russian Federation following a meeting with representatives of public organizations and professional communities that provide assistance to people with disabilities"; Instruction of the President of the Russian Federation of 15.11.2011 No. Pr-3400 "Fundamentals of state policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critical and potentially dangerous facilities from natural and man-made threats and terrorist acts for the period up to 2020", etc .;

The creation of new legal mechanisms, such as federal districts and plenipotentiary representatives of the President in federal districts (with the expansion of their organizational and supporting structure and powers), the ombudsman for the rights of the child under the President of the Russian Federation and some others, may illustrate the expansion of the powers of the President by his own acts. A certain number of normative decrees of the President were actually issued

in a regime of competing competence with the legislative branch and the Government of the Russian Federation. The explanation is the special role of the President, his extensive powers concerning not only the executive, but also the legislature25.

25 Such acts were typical for constitutional monarchies and were included in an array of highly decisive legislation based on the right of the head of state, in certain cases, to take measures and prescribe norms that fall within the competence of legislative bodies.

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UNIVERSITY Hidden powers of the President of Russia: named after O.E. Kutafina (Moscow State Law Academy) Questions of theory and practice

However, we agree with M. A. Krasnov and I. G. Shablinsky: “. Often the powers established in his own legal acts, realized through them or enshrined in legislation, are only the concretization of the constitutional functions (tasks) of the President as the head of state or his constitutional powers, formulated in a rather general way. In some cases, the legislator even restricts the President, prescribing a certain procedure for the implementation of his constitutional powers. Moreover, the Constitution in its text sometimes stipulates the need for the adoption of one or another law, which should concretize the powers and establish the procedure for their implementation ”26.

The modern constitutional legal model of the President's competence fits into the traditions of the Russian government; according to S. A. Avakyan, as before, the state mechanism strives to reproduce its monolithic character, and the entire bureaucratic apparatus is closed on the head of state.

The Constitutional Court of Russia plays a significant role in the institutionalization of the hidden powers of the President of the country. His decisions and legal positions in the field of revealing the hidden powers of the President of Russia can be considered “as creating the effect of secondary constitutionalization in the Russian political system as a whole” 27.

In part, the possibility of involving the judiciary in the process of formation and institutionalization of the hidden powers of the President of Russia can be traced in the literal reading of the text of Art. 125 of the Constitution of the Russian Federation.

The Constitutional Court of the Russian Federation in its decrees of 31.07.1995 No. 10-P, of 04.04.2001 No. 8-P expressed a legal position, according to which, for cases when the activities of the President are not detailed by the Constitution, as well as with respect to powers not listed in Art. 83-89 of the Constitution of the Russian Federation, their general framework is determined by the principle of separation of powers and the requirement that presidential decrees and orders comply with the Constitution of the Russian Federation and federal laws.

An example can be other decisions of the Constitutional Court of the Russian Federation28.

In conclusion, we note that modern authors come to the conclusion that it is necessary to constitutionalize presidential powers, that is, to bring it into conformity with the goals, principles and values laid down in the Constitution of the Russian Federation, legislation and law enforcement practice, namely, acts

26 Krasnov M. A, Shablinsky I. G. The Russian system of power: a triangle with one angle. M.: Institute of Law and Public Policy, 2008.231 p.

27 Thornhill K., Smirnova MV Models of secondary constitutionalization in the Russian political system // Constitutional and municipal law. 2016. No. 6. S. 34-42.

28 For example, consultations of the President with political parties and candidates for the post of the highest official of the subject: the decision of the Constitutional Court of the Russian Federation

dated 24.12.2012 No. 32-P "In the case of checking the constitutionality of certain provisions □

federal laws "On the general principles of the organization of legislative (represented

vitelnye) and executive bodies of state power of the constituent entities of the Russian Federation "and" On the basic guarantees of electoral rights and the right to participate in the referendum.

the rendum of citizens of the Russian Federation "in connection with the request of a group of deputies of the State Duma" // SZ RF. 2012. No. 53 (part 2). Art. 8062.

law enforcement and political behavior of the head of the Russian state29. A number of scholars advocate the adoption of a law on the President in order to consolidate the actual powers of the President30.

In this regard, the following is seen. There is a need for a clear definition of the criteria: when the principle of proportionality, which by now has taken a strong position in Russian legal proceedings and extends to rule-making activities31, is in contradiction with the principle of proportionality, and when it goes beyond the implementation of constitutionally defined presidential powers and interferes with the daily activities of bodies public authority, in fact, switching "to manual control mode".

BIBLIOGRAPHY

1. Abaeva E. A. Constitutionalization of hidden presidential powers // Constitutional ideals and values in practical democracy: materials and reports of the International Scientific and Practical Conference. - Samara, 2017 .-- S. 162-171.

2. Vinogradov OV Powers of the President of the Russian Federation as the guarantor of the Constitution, human and civil rights and freedoms // State and law. - 2008. - No. 3 (32). - S. 221-226.

3. Zuikov V. A. Politics within the framework of law: the rules of the game for the President // Constitutional and municipal law. - 2010. - No. 2. - S. 25-31.

4. Kokotov A. N. Constitutional law of Russia: a course of lectures. - M.: Prospect: Welby, 2008 .-- 296 p.

5. Kolobaeva N. Ye. Constitutional and legal status of the President of the Russian Federation (questions of theory and practice): author. dis. ... Cand. jurid. sciences. - Yekaterinburg, 2007 .-- 30 p.

6. Komarova V. V. Constitutional law: textbook. - M.: Direct-Media, 2014 .-- 161 p.

7. Komarova V. V., Magomedov Sh. B. Head of state, region of the Russian Federation. - M., 1999 .-- 318 p.

8. Krasnov MA Status of the head of state as an element of the authoritarian potential of the President // State and law. - 2015. - No. 1. - S. 5-16.

29 Abaeva E. A. Constitutionalization of hidden presidential powers. Constitutional ideals and values in practical democracy. Materials and reports of the 12th International Scientific and Practical Conference. Samara. 2017 year. S. 169 .; Zuikov V.A. op. S. 25-31.

30 Krasnov M. A, Shablinsky I. G. Decree. op. S. 222-223.

31 Modern authors propose to consolidate the principle of proportionality at the level of federal law in order to establish the binding legal force of the substantive core of this principle not only for courts, but for legislative and executive bodies of state power. See: Cherepanov V. A. On the draft federal law "On regulatory legal acts in the Russian Federation" // Journal of Russian law. 2014. No. 3.P. 109.

Komarov V.V.

The hidden powers of the President of Russia: issues of theory and practice

9. Krasnov M. A., Shablinsky I. G. The Russian system of power: a triangle with one corner. - M.: Institute of Law and Public Policy, 2008. - 231 p.

10. Kutafin OE Head of state: monograph. - M.: Prospect, 2013 .-- 560 p.

11. Luchin V.O. Decree law in Russia. - M., 1996 .-- 51 p.

12. Malinovsky VA President of the Republic of Kazakhstan: institution, functions and instruments of power: author. dis. ... dr. jurid. sciences. - Almaty, 2004 .-- 55 p.

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The place of the President of the Russian Federation in the system of state power of Russia (and by and large - his social purpose and political role in the life of the country as a whole) is determined by the functions assigned to him by the Constitution of the Russian Federation (Article 80):

- representative function (as the head of a sovereign state, the President, without any additional powers, represents the Russian Federation both in international relations and within the country - in relations with the constituent entities of the Russian Federation, municipalities, various institutions of civil society (political parties and public associations, confessions, associations of entrepreneurs, science, education, culture, sports, youth, veteran organizations, various diasporas, etc.);
- the function of the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms, sovereignty, independence and state integrity of the Russian Federation;
- ensuring the coordinated functioning and interaction of public authorities (moreover, public authorities of various branches and levels);
- determination of the main directions of domestic and foreign policy of the state (of course, not arbitrarily, but in accordance with the Constitution of the Russian Federation, federal constitutional laws and federal laws).

The first of the main functions of the President of the Russian Federation is to be the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms. By virtue of this, he must first of all ensure a situation in which all organs of the state fulfill their constitutional duties, without going beyond their competence. To do this, he must apply to any federal authority and authority of the constituent entity of the Russian Federation with a proposal to bring his acts or actions in accordance with the Constitution of the Russian Federation. The President is the guarantor of the Constitution of the Russian Federation, not the constitutions of the constituent entities of the Russian Federation, but since the latter must comply with the federal Constitution, the function of the President of the Russian Federation should be understood as a guarantee of the entire system of constitutional legality in the country. The President cannot remain indifferent if at least one state body violates or does not comply with the Constitution of the Russian Federation, and even more so when the rights and freedoms of any groups of the population are infringed or violated. The President is not only entitled, but simply obliged to take measures up to the use of the broadest coercion on a legal basis, if organized criminal gangs or illegal armed groups operate on the territory of the state, from which there is a direct and real threat to territorial integrity, state security and human rights in peace time The function of the guarantor requires from the President constant concern for the efficiency of the judicial system and the implementation of many other actions that are not directly formulated in his powers, - naturally, without invading the prerogatives of parliament. Discretionary power, which is inevitable in any state, is not in itself a violation of democracy and is not alien to the rule of law, if, of course, the actions of the head of state do not lead to repression and widespread violations of human rights, do not blow up the mechanism of social harmony and do not lead to mass disobedience to the authorities Discretion does not negate the constitutional right of citizens to appeal against the President's actions in court. As a guarantor of the rights and freedoms of citizens, the President is obliged to develop and propose laws, and if they do not exist, and until federal laws are adopted, to adopt decrees to protect the rights and freedoms of certain categories of citizens (pensioners, military personnel, etc.), to combat organized crime etc.

Equally broadly formulated in the Constitution of the Russian Federation is the function of the President to protect the sovereignty of the Russian Federation, its independence and state integrity. It is clear that here, too, the President must act within the limits of his powers established by the Constitution, but even in this case, discretionary powers, without which the goals of the general function cannot be achieved, are not excluded. So, only the President himself and to the extent of his understanding should determine the violation or threat of violation of sovereignty, independence and state integrity and take appropriate actions, which can be phased, unless, of course, we are not talking about a sudden nuclear attack or other gross forms of external aggression, when decisive action is required, including the use of force. The Constitution provides for the procedure for declaring war, but in our century full of unpredictable events, an extraordinary situation may arise, requiring the President to respond quickly, promptly and adequately. Everyone who cares about the interests of Russia must admit that the cost of all constitutional legality is higher if the President does not fulfill his constitutional function, albeit formulated in very general terms, and allows the territorial disintegration of the state, external interference in internal affairs or the development of separatism.

The Constitution of the Russian Federation indicates that the exercise of this function must take place in the "procedure established by the Constitution of the Russian Federation" (for example, by imposing martial law or a state of emergency, as provided for in Part 2 of Art. 87 and Art. 56 of the Constitution of the Russian Federation). But life can present cases in respect of which the procedure for the President's actions is not directly provided for by the Constitution. Here, too, the President is obliged to act decisively, proceeding from his own understanding of his duties as the guarantor of the Constitution or by resorting to the interpretation of the Constitution with the help of the Constitutional Court.

The function of the President of the Russian Federation to ensure the coordinated functioning and interaction of government bodies is a very complex and responsible one. Unlike a number of countries (France, etc.), the President of the Russian Federation is not called in the Constitution of the Russian Federation an "arbiter" in the relationship of the three powers, which gave rise to the opinion that he stands "above the three powers", but in essence the President of the Russian Federation is an arbiter if the main authorities do not find agreed solutions or generate conflicts in relationships. Based on this role, the President of the Russian Federation has the right to resort to conciliation procedures and other measures to overcome crises and resolve disputes. This function is important for the interaction of state authorities both at the federal level and at the level of relations between the state authorities of the Federation and the constituent entities of the Russian Federation and between various constituent entities of the Russian Federation.

The Constitution of the Russian Federation entrusts the President with the function of determining the main directions of the domestic and foreign policy of the state, stipulating, however, that this function should be carried out in accordance with the Constitution and federal laws. The reference in this regard to the federal law indicates that the Federal Assembly is also involved in determining the main directions of domestic and foreign policy. The relationship between the President and Parliament in this process is the most painful nerve in the formation of state policy. However, the parliament, given the complexity of the legislative process, still has fewer opportunities than the President. And practically organizing on a theoretical and expert basis the development of problems of domestic and foreign policy, collecting the necessary information for this, etc., to a greater extent, is within the power of the President. In general, the process of determining the main directions of state policy is developing in cooperation between the President and the Federal Assembly, but the latter always retains the opportunity to correct the presidential course on a particular issue by adopting an appropriate federal law.

The constitutional functions of the President of the Russian Federation are concretized and supplemented by the Law of the Russian Federation "On Security". Security is understood as the state of protection of the vital interests of the individual, society and the state from internal and external threats. The main objects of security include: the individual - its rights and freedoms, society - its material and spiritual values, the state - its constitutional order, sovereignty and territorial integrity. The main subject of ensuring security is the state, and citizens, public and other organizations and associations are declared by the Law to be subjects of security.

Some functions and powers of the President of the Russian Federation are enshrined in this Law. Thus, the President of the Russian Federation exercises general management of state security agencies, heads the Security Council, controls and coordinates the activities of state security agencies, makes operational decisions on security within the limits of the competence defined by law. Consequently, it is the President of the Russian Federation who directly supervises the security forces listed in the Law: the Armed Forces, the Federal Security Service, internal affairs bodies, foreign intelligence, the Federal Security Service, which ensures the security of the legislative, executive and judicial authorities and their senior officials, the tax service, formations civil defense, border troops, internal troops, government communications and information service, ensuring the security of communications and information, etc. Practically all of these forces are controlled by independent ministries and departments, the heads of which are subordinate to the President of the Russian Federation (Ministry of Defense, Ministry of Justice, Federal Security Service, Ministry of Internal Affairs, Federal Security Service, Federal Border Service, Foreign Intelligence Service, Ministry of Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, Federal Tax Service New Police, Federal Agency for Government Communications and Information, State Technical Commission, Federal Railway Troops Service, State Courier Service.

In order to consolidate the efforts of federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation to ensure the national interests and security of the Russian Federation, by the Decree of the President of the Russian Federation of January 10, 2000, the Concept of the National Security of the Russian Federation was approved. This document formulates Russia's national interests, threats to national security and tasks to ensure national security.

The President carries out representative functions alone. He has the right to send his representatives to the federal districts (this is the right of representation "within the country"), and these representatives are officials representing the President. Speaking in the field of international relations, the President of the Russian Federation negotiates with the heads of other states, has the right to sign international treaties on behalf of Russia, join international organizations, and appoint ambassadors and representatives to other states. In accordance with international law, he enjoys the protocol under the right to the highest honors when making official visits to other states. Any international obligations assumed by officials on behalf of the Russian state without instructions from the President of the Russian Federation may be disavowed by him (declared invalid).