1. The President of the Russian Federation is the head of state.
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.
Commentary on Article 80 of the Constitution of the Russian Federation
1. The Institute of the President of the Russian Federation was established by the results of the popular vote on March 17, 1991, and its status was determined by the Law of the RSFSR of 24.04.1991 N 1098-1 "On the President of the RSFSR". On May 24, 1991, the corresponding amendments and additions were made to the Russian Constitution of 1978. At the same time, the Constitution and the said Law determined the President as the highest official and the head of the executive branch.
The current Constitution has significantly modified the institution of the President. In particular, in the process of developing the draft of the current Constitution, two positions clashed with regard to the place and role of the President in the system of state power: some participants in the 1993 Constitutional Conference proposed to define his status through the concept of "senior official", others - "senior official and head of state ". As a result, the Constitution determined the status of the President as head of state. This meant a significant, compared with the initial stage of the Russian presidency ("the highest official and the head of the executive branch"), the transformation of the institution of the President, a change in his place and role in the mechanism of state power, renewal of functions and powers, the nature of relations with parliament and government, etc. ., in turn conditioned in many respects by the renewed vision of the principle of separation of powers.
The constitutional proclamation of the separation of powers as a principle of building Russian statehood objectively presupposes the existence of such a body that would guarantee against rupture and confrontation between the authorities - in this, domestic state studies see a guarantee against a repetition of the historical trauma of October 1993. In this regard, the President is seen as a personification of Russian statehood.
In this context, however, the question of the regime of personal power is quite acute, the guarantee against the establishment of which must be the Constitution and the "checks and balances" it provides. The problem lies in identifying the democratic potential of the Russian presidency as one of the institutions of state power that represents the real interests of the entire society. The head of state is not a representative of this or that political force or a spokesman for the interests of a particular social stratum, he is the personification of the Russian state and a representative of all his fellow citizens, who together form the multinational people of the Russian Federation.
The importance of this role of the President in a federal state is significantly increasing, the very structure of which is aimed, among other things, at resolving two interrelated tasks: the harmonization of interethnic relations and the rationalization of power, which guarantees the Russian state both from confederalization and from its excessive centralization. The President should not be a direct and interested party to disputes and conflicts between the legislative and executive authorities or disputes and conflicts between the Federation as a whole and its subjects, as well as between the subjects themselves. His role is much higher, since he integrates the interests of the entire society and personifies the state as a whole. That is why the President, according to the current Constitution, is not the head of the executive branch, as it was established by the previous Constitution, but the head of state; he is entrusted with some functions of an arbiter, he is called upon to ensure interaction between the parliament and the government, is the guarantor of the Constitution, human and civil rights and freedoms and other constitutional norms.
According to the Constitution, the President is the first organ of state power. It was from him that Art. 11 of the Basic Law begins the listing of federal bodies of state power, which further determines the sequence of the constitutional description of their status in Ch. 4-7. At the same time, the indication of the Constitution that the President exercises state power in the Russian Federation, and not the state power of the Russian Federation, is essential. This means that, according to the Constitution, the head of state cannot qualify as a "federal president" by his status, functions, powers and responsibilities, he is the President of the Russian Federation.
In other words, the institution of the President (as well as the State Duma, Government, courts of general jurisdiction, arbitration courts, etc.) is based on the principle of unitarism, which, being almost universal for national state studies, does not oppose the principle of federalism. This is precisely what the concept of the state, contained in Part 1 of the commented article, which is identified with the Russian Federation in its constitutional description - a democratic federal legal with a republican form of government, is oriented towards. In this sense, the state as a political form of being of the multinational people of the Russian Federation is an integrated unity of the state territory, which includes the territories of its subjects, internal waters and the territorial sea, the air space above them, the population that forms a single state civil nation, and state power, in the system of which the head of state takes the place allotted to him by the Constitution.
According to the form of government in the domestic constitutional and legal doctrine, the Russian Federation is usually classified as a semi-presidential republic. Indeed, the organization and functioning of the institutions of the Russian state, like other semi-presidential republics, is characterized by the presence of a strong presidential power, coupled with a less pronounced division of powers than in presidential republics. In reality, however, the Russian model of presidency tends more towards a presidential republic.
As follows from 25 decisions of the Constitutional Court of the Russian Federation, in which the Court analyzed the normative content of the commented article, while remaining outside the boundaries of the traditionally distinguished three branches of a single state power - legislative, executive, judicial - the President integrates Russian statehood and, being endowed by the Constitution with significant rule-making powers, controlling the executive power and performing some quasi-judicial functions as an arbiter in disputes between public authorities, he is legally and in fact "present" in all authorities, determines the effectiveness and efficiency of all institutions of state power in the Russian Federation.
2. The nature of the institution of the head of state is especially clearly manifested in the constitutional functions of the President, which predetermine the scope of his powers and the nature of interaction with other federal and regional government bodies, as well as local government bodies.
In particular, the commented article of the Constitution assigns to the President a number of functions, the dominant place among which is the integration one. This function is manifested in various aspects: firstly, the very phrase "head of state" contains an indication that the President, as a non-collegial and the first body in the constitutional system of power, personifies the unity and integrity of the Russian state and the political unity of society, and his powers serve to expressing and securing this unity. At the same time, the President personifies such unity both within the country and in international relations; secondly, this function is manifested in the fact that the President ensures the coordinated functioning and interaction of government bodies. It is in connection with the new vision of the principle of separation of powers that has been enshrined in the Constitution, which guarantees against rupture and confrontation, that the head of state not only acts as the embodiment of the unity of power, but also performs a coordination function.
The importance of these functions increases especially in crisis situations. The consent of the authorities and their interaction does not exclude conflicts, and in these cases the President performs a mediating (or even arbitration) function. The escalation of the conflict into a confrontation that threatens the unity of the state and the political unity of society requires the implementation of the crisis powers of the head of state, which constitute the content of the function of the political reserve - the dissolution of the State Duma and the resignation of the Government.
A special place among the functions of the President is occupied by his guarantee function. Part 2 of the commented article, in particular, says that the President is the guarantor of the Constitution and the rights and freedoms of man and citizen. 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. In reality, however, this function is much broader (see commentary to art. 82).
In a federal state, the role of the President is high in harmonizing federal relations and rationalizing power, which guarantees the state both from confederalization and from unitarization. The President is called upon to concentrate the interests of the whole society. Embodying the unity of state power, the President provides constitutional and legal mechanisms and the content of the genetic, structural and functional types of state integrity. Hence - his powers in the field of protecting national interests, including ensuring its sovereignty, state and territorial integrity of the country, preventing military aggression against Russia and its allies and creating conditions for the peaceful, democratic development of the state.
As the guarantor of the country's sovereignty, the President determines the main directions of state military policy, approves the concept of national security and military doctrine, directs the Armed Forces, other troops and military formations, bodies and forces for ensuring national security, negotiates and signs international treaties in the field of ensuring Russia's sovereignty.
The President authorizes actions to ensure national security. It forms, reorganizes and abolishes subordinate bodies and forces for ensuring national security. In the event of aggression or an immediate threat of aggression against Russia, the President declares general or partial mobilization, introduces martial law, enforces wartime normative legal acts, forms executive authorities for the period of martial law, and issues orders to conduct military operations as the Supreme Commander-in-Chief.
As the guarantor of state integrity, the President is obliged to ensure that the constitutions and regulations of the constituent entities of the Federation fully comply with the Constitution of the country and federal legislation. He has the right to suspend the acts of the executive authorities of the constituent entities of the Federation if these acts contradict the Constitution of the country, federal laws, and international obligations of the Russian Federation.
The constitutional and legal status of the head of state predetermines the scope of his powers to ensure the unity and stability of the system of state power, its effective functioning under the conditions of division into three organizationally and functionally independent branches: legislative, executive and judicial. The President must ensure that all public authorities fulfill their constitutional responsibilities within the limits of their competence. The active coordinating role of the President is embodied both in the system of checks and balances, which ensure the balance of powers of the federal government bodies, and in the relations between the federal government bodies and the government bodies of the constituent entities of the Federation. Being legally distanced from all branches of government, the President, as it was noted, to a certain extent creates rules, manages, resolves disputes, and constitutionalizes the activities of state authorities of the constituent entities of the Russian Federation. The procedure and mechanism for the implementation of these powers of the President are specified in federal constitutional laws and federal laws.
In the manner prescribed by the Constitution, the President exercises his right to initiate legislation, as well as the right to sign or reject federal laws, i.e. performs the function of a legal reserve. This ensures the effectiveness of the President's participation in the legislative process. Decrees and orders of the President are binding throughout the country. The President ensures the unity of the system of executive power within the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction. If the Government adopts decisions and orders that contradict the Constitution, then the President has the right to cancel these decisions of the Government.
The constitutional powers of the President to ensure the coordinated functioning and interaction of government bodies are associated with the nomination of candidates for government positions, which are appointed by the parliament. The President submits to the Federation Council candidates for the posts of judges of the Constitutional, Supreme, Supreme Arbitration Courts, as well as the candidacy of the Prosecutor General. In addition, he submits to the Federation Council a proposal to dismiss the Prosecutor General from office. The President presents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation, and also puts before the State Duma the question of dismissing him from office.
As the guarantor of the Constitution, the entire system of constitutional legality, the President is obliged to ensure that the Constitution and regulations of the constituent entities of the Federation fully comply with the Constitution of the country and federal legislation.
The President has the right to suspend the acts of the executive authorities of the constituent entities of the Federation. This happens first of all if these acts contradict the Constitution of the country, federal laws, international obligations of the Russian Federation, or in case of violation of human and civil rights and freedoms before this issue is resolved by the appropriate court.
To resolve disagreements between the federal government bodies and the government bodies of the subjects of the Federation, as well as between the government bodies of the subjects of the Federation, the President has the right to use conciliation procedures. If no agreed solution is found, the President may refer the resolution of the dispute to the appropriate court.
The qualitative originality of the relationship between the President and the chambers of the Federal Assembly - the highest body of representative democracy in the country - is determined by the peculiarities of the form of government in the country. Highlighting the main aspects of the activities of the President of Russia and the powers characteristic of this institution, it should be emphasized that, as an active participant in the legislative process, the President performs not only the state-notarial function - he signs and promulgates federal and federal constitutional laws, but also through his participation in this process ensures and guarantees a single legal and political space throughout the territory of the Russian Federation.
3. According to Part 3 of Art. 80 of the Constitution, the President defines the main directions of the domestic and foreign policy of the Russian Federation. We are talking about the determination by the head of state of the priorities of the country's economic and social development, which predetermine the activities of the state, all public authorities, as well as its foreign policy orientation. At the same time, according to the commented provision, the President: 1) determines the main directions of the domestic and foreign policy of the Russian Federation; 2) such a determination is carried out not arbitrarily, but in accordance with the Constitution and federal laws.
The Constitution provides for the form in which such a determination is carried out - annual messages on the situation in the country, on the main directions of domestic and foreign policy addressed to the Federal Assembly (see commentary to Art. 84). They usually contain the main guidelines and determine the tasks facing the state. The Constitution also provides for such a form of defining the main directions of the domestic and foreign policy of the state as a doctrine, in particular the military doctrine of the Russian Federation (see commentary to Article 83), approved by a presidential decree. The practice also includes such forms of defining domestic and foreign policy as concepts, for example, the concept of national security. Budget messages from the President have acquired significant importance.
At the same time, in the theory of constitutional law, the question of the legal nature of the messages of the head of state is controversial. It is clear that they are not of a purely informational nature, but express the political will of the head of state as a personification of the state and the embodiment of the political unity of society, due to which they cannot but influence the activities of other government bodies, including the executive and legislative. These are primarily political acts, but at the same time the messages of the head of state are acts of "soft law" - soft law. Not being legally binding sources of law in the strict sense of the word, they program the development of legislation and the activities of the Government, state authorities of the constituent entities of the Federation and local self-government.
4. Part 4 of Art. 80 of the Constitution establishes the representative function of the President. However, it does not give a direct answer to the question of what its legal content is, in what forms and in relations with which subjects the specified function is realized, etc.
Within the meaning of the commented norm, the President personifies the state. At the same time, the state in this context is understood not as a system of federal bodies of state power, but in the broadest sense of the word, as it is enshrined in (see the commentary to it). At the same time, since the personal status of the President is, as it were, absorbed by his powers, the representative function of the head of state is not limited by the term, since he is in office, and by the subjects in relations with which this function is manifested.
In this regard, the opinion is inaccurate that "the President of the Russian Federation represents the Russian Federation as the head of state in the relationship of the federal authorities with the subjects of the Federation" and that his "representative role ... is also manifested in relationships with various structures of civil society" * (951) ... The phrase "represents the Russian Federation inside the country" means that the representative function of the head of state "inside the country" is not limited to relations with certain subjects: it manifests itself in relations with all public authorities and their officials, citizens and their associations, the population of individual subjects RF and the multinational people of the Russian Federation as a whole, etc. As for the quoted thesis, in reality, the President in relations with this or that constituent entity of the Federation does not represent the federal authorities, but the state as a whole.
Representation of the President in international relations means that he acts in relations with other states and other subjects of international law as a sovereign on behalf of the Russian Federation and has the corresponding prerogatives.
The representative function of the President in international relations can also be expressed in conducting negotiations without any additional powers, signing international treaties, granting recognition to other states or governments, accrediting ambassadors of foreign states, etc. At the same time, the commented article, it seems, consolidates the President's monopoly right to represent the Russian Federation as a special international legal personality in the entire system of international legal relations.
The Constitution does not exclude the possibility of granting representative powers to the Government (see comments to Articles 113, 114). In this regard, at least two circumstances should be borne in mind: 1) the Chairman and members of the Government in international relations act on behalf of the Russian state and often sign international treaties on behalf of the Russian Federation without being officially authorized to do so by the head of state; 2) there is a certain conflict between the commented norm and the Vienna Convention on the Law of Treaties of 1969, according to which representatives of their state, by virtue of their official position alone, are not only the head of state, but also the head of government and the minister of foreign affairs, as well as the head of the diplomatic mission in the host state, and the actions of these persons are valid. It was this decision that was reflected in the Law on International Treaties of the Russian Federation.
Regardless of this, however, the norm of Part 4 of Art. 80 means that the President must have all the information about all actions in the international sphere and at any time can take over the implementation of foreign policy functions, including the conclusion of intergovernmental and interdepartmental agreements.
It follows that the President is both the bearer of material power in the sphere of foreign policy and the body that forms the foreign policy of the Russian state and controls its implementation by other bodies and officials.
The President represents the Russian Federation in relations with foreign individuals and legal entities, the media, etc., which follows from the phrase "represents the Russian Federation in international relations" - as international legal, including negotiating, signing international treaties, etc. ., and such international relations that do not have a legal character.
a) the President of the Russian Federation;
b) the federal security service of the Russian Federation;
c) the Government of the Russian Federation.
80. The Security Council is formed and chaired by:
a) the President of the Russian Federation;
b) the Government of the Russian Federation;
c) the Chairman of the Government of the Russian Federation.
81. The President of the Russian Federation exercises leadership over:
a) the Ministry of Internal Affairs of the Russian Federation;
b) the Ministry of Defense of the Russian Federation;
c) Ministry of Foreign Affairs of the Russian Federation;
d) all answers are correct.
82. The daily activities of the President of the Russian Federation are provided by:
a) the Government of the Russian Federation;
b) the Administration of the President of the Russian Federation;
c) the Chairman of the Government of the Russian Federation.
83. Does the President of the Russian Federation, who has terminated the exercise of his powers, have the right to monthly life-long pay:
84. In what amount is the monthly lifelong pay to the President of the Russian Federation paid:
85. In what ways can candidates for the post of President of the Russian Federation be nominated:
a) political parties;
b) in the order of self-nomination;
c) both answers are correct.
86. Which body carries out the registration of the candidate for the President of the Russian Federation:
a) Central Election Commission;
b) the Federation Council;
c) Parliament of the Russian Federation.
Who prepares analytical information materials and recommendations for the President of the Russian Federation?
a) Advisers to the President of the Russian Federation;
b) Administration of the Russian Federation;
c) Chairman of the Government of the Russian Federation.
88. The head of state is elected:
a) citizens;
b) Parliament;
c) the Electoral College;
d) all answers are correct.
89. The symbol of presidential power is:
a) standard (flag);
Which of the branches of power does the President of the Russian Federation belong to?
a) legislative;
b) executive;
c) judicial;
d) The President is not included in any of them.
What bodies are accountable to the President of the Russian Federation?
a) the Government of the Russian Federation;
b) the Security Council of the Russian Federation;
c) Administration of the Russian Federation;
d) State Duma of the Russian Federation.
What acts are used to formalize decisions of a normative nature by the President of the Russian Federation?
b) orders;
c) both answers are correct.
93. Orders of the President of the Russian Federation are:
a) acts of an organizational and operational nature;
b) normative acts;
c) both answers are wrong.
94. Decrees and orders of the President of the Russian Federation should not contradict:
a) the Constitution of the Russian Federation;
b) the Federal Constitutional Law;
c) federal law.
95. The lawmaking activities of the head of state include:
a) sending bills of the President of the Russian Federation to the State Duma;
b) sending requests from the President of the Russian Federation to the Supreme Arbitration Court;
c) sending annual messages to the Federal Assembly on the situation in the country, on the main provisions of the domestic and foreign policy of the state;
d) all answers are correct.
96. The Federal Law "On Defense" provides that the President of the Russian Federation, as commander-in-chief, issues:
a) directives;
b) orders;
c) orders;
d) all answers are correct.
97. Decrees and orders of the President of the Russian Federation are obligatory for execution:
a) in areas of emergency;
b) in individual constituent entities of the Russian Federation;
c) in cities of federal significance;
d) throughout the territory of the Russian Federation.
98. Not endowed with the right to suspend acts of the President of the Russian Federation:
a) public authorities of the constituent entities of the Russian Federation;
b) local government bodies;
c) both answers are correct.
99. Decrees and orders of the President of the Russian Federation should not contradict:
a) Federal laws;
b) Federal constitutional laws;
c) the Constitution of the Russian Federation.
What acts are of secondary importance in the legal regulation of the activities of the head of state?
a) organizational and operational;
b) regulatory;
c) organizational and legal.
101. Orders of the President of the Russian Federation are:
a) organizational and operational acts;
b) organizational and technical acts;
c) organizational and legal acts.
102. A normative act of the President can be challenged:
a) the Supreme Arbitration Court;
b) the Supreme Court;
c) by the Constitutional Court.
103. Early termination of the powers of the President of the Russian Federation is possible:
a) as a result of resignation at his will;
b) for health reasons;
c) in case of impeachment;
d) all answers are correct.
What bodies are involved in the procedure for removing the president from office?
a) the Supreme Arbitration Court;
b) both chambers of parliament;
c) the Supreme Court;
d) the Constitutional Court;
e) all options are correct.
Can the President of the Russian Federation take office without taking an oath?
a) cannot;
b) maybe, promising to do it later.
Does the President of the Russian Federation have the right to dissolve the Federation Council?
a) has, subject to the transfer of his functions to the State Duma;
b) has if the Federation Council interferes with the work of the President;
c) does not.
Can the President, by his decrees, amend the Constitution of the Russian Federation?
a) it can, but only in separate chapters;
b) cannot;
c) can change any article of the Constitution of the Russian Federation.
Is it possible to start the procedure for removing the President from office due to violation of moral principles, and which body can do this?
a) maybe the Constitutional Court of the Russian Federation;
b) maybe the Federation Council;
c) no, no.
Who announces the day of elections of the President of the Russian Federation?
a) the State Duma;
b) the Federation Council;
c) the administration of the President of the Russian Federation.
1. Government of the Russian Federation 2. Federal Assembly of the Russian Federation
3. President of the Russian Federation 4. Security Council
Which of the named state bodies is a specialized foreign policy body?
1. Security Council of the Russian Federation
2. Federal Security Service
3. Ministry of Foreign Affairs of the Russian Federation
4. Administration of the President of the Russian Federation
Which of the named state bodies is not endowed with foreign policy powers?
1. Council on Foreign Policy under the President of the Russian Federation
2. Security Council of the Russian Federation
3. Russian Foreign Intelligence Service
4. Ministry for Emergency Situations of the Russian Federation
What international organization is Russia not a member of?
1. UN 2. OSCE 3. Council of Europe 4. European Union
How are foreign and domestic policies related?
1. Foreign policy is a continuation of the domestic one.
2. Domestic policy is determined by foreign policy.
3. Both areas of politics are independent of each other.
4. Domestic and foreign policy are mutually determined.
Which direction of Russian foreign policy is a priority according to the Foreign Policy Concept of the Russian Federation?
1. EU 2. APR 3. CIS 4. NATO
Foreign policy is determined according to G. Morgenthau
1.balance of power on the world stage
2.national interests
3.group interests
4. external constraints
Which of the named countries is not included in the "Shanghai Group"?
1. Russia 2. China 3. Kazakhstan 4. Armenia
What international body, according to the Russian Foreign Policy Concept, is competent to authorize the use of force for the purpose of enforcing peace?
1.OSSE 2. Council of Europe
3. UN General Assembly 4. UN Security Council
What international organization has Russia been seeking membership in over the past few years?
1. UNESCO 2. IAEA 3. WTO 4. IMF
What organization is Russia not a member of?
1. SCO 2. EurAsEC
3. Council of Europe 4. MERCOSUR
What obligation is removed from the modern military doctrine of the Russian Federation?
1. Maintaining the status of a nuclear power
2. Provision on the defensive nature of military doctrine
3. Obligation to comply with international treaties on strategic offensive arms and missile defense
4. Obligation not to be the first to use nuclear weapons
13. "New political thinking" - a concept introduced into scientific circulation:
1. M.S. Gorbachev 2. Z. Brzezinski 3. G. Kissinger 4. R. Nixon.
14. Globalization means:
1.increasing the interdependence of various parts of the world community
2.deepening integration between states
3.internationalization of national economies
4.Strengthening linkages between countries
15. The processes of globalization are related:
1.with the growing role of leading states in the world arena
2.with the strengthening of the role of TNCs in the world economy and world politics
3.with the weakening of the national power of the leading powers
4.with the democratization of international relations
Which part of the world, according to the Foreign Policy Concept, is of great and ever increasing importance in Russia's foreign policy?
1. Europe 2. Asia 3. Africa 4. America
18. The centers of power of the Yalta-Potsdam system of international relations of the era were:
1. USSR and USA 2. Russia and Austria-Hungary
3. Spain, Portugal, Netherlands 4. France and Great Britain.
1.F. Fukuyama 2. A. Straus 3. A. Battler 4. S. Huntington.
Which geopolitician has developed ten criteria for geopolitical power?
1.F. Ratzel 2.R. Kjellen 3.G. Morgenthau 4. N. Spykman
Which country is not part of the BRICS?
1. India 2. China 3. Russia 4. Iran
Which country is the "C" in BRICS?
1. Slovakia 2. Slovenia 3. South African Republic 4. Pakistan
Which country does not apply for SCO membership?
1. Iran 2. Pakistan 3. Malaysia 4. India
Which organization is responsible for security in the CIS?
1. ATS 2. CSTO 3. EurAsEC 4. CAC
What preceded the CSTO?
1. CMEA 2. ATS 3. DKB 4. GUAM
Which organization promotes economic cooperation in the Asia-Pacific region?
1. SCO 2. ASEAN 3. ANZUS 4. APEC
Which conference defined the picture of the world after World War II?
1. Moscow 2. Yalta 3. Potsdam 4. Tehran
Which country is Russia's main partner in the EU?
1. United Kingdom 2. Germany 3. Italy 4. France
Russia is a member
1. Council of Europe 2. European Council
3. Council of the European Union 4. European Commission
He became the first US Ambassador to Russia, and then the 6th US President.
1. Thomas Jefferson 2. John Adams 3. John Quincy Adams 4. James Monroe
Historically, the main directions of the policy of the Russian state were determined by the emperor. The Constitution of the RSFSR of 1918 attributed to the jurisdiction of the All-Russian Congress of Soviets and the All-Russian Central Executive Committee "the general management of the entire foreign and domestic policy of the RSFSR" (Article 49, item "b"). The subject of the definition of this policy is legally unclear, although the party actually acted as such. Over time, this role of the party received constitutional confirmation. The 1977 USSR Constitution, followed by the 1978 RSFSR Constitution, fixed that the CPSU "determines the general perspective of the development of society, the line of the USSR's domestic and foreign policy" (Article 6). For a long time the RSFSR did not have its own state policy. After the amendment of the Constitution of the RSFSR on October 27, 1989, the exclusive jurisdiction of the Congress of People's Deputies of the RSFSR included "the determination of the domestic and foreign policy of the RSFSR in accordance with the main directions of the domestic and foreign policy of the USSR" (part 3, paragraph 2, article 104 of the Constitution of the RSFSR).
The Constitution of the Russian Federation of 1993 (part 3 of article 80) gives the President of the Russian Federation the right to determine the main directions of the domestic and foreign policy of the state, the implementation of which must be carried out in accordance with the Constitution of the Russian Federation and federal laws. The content of the aforementioned powers of the President of the Russian Federation has not yet been precisely defined. Apparently, in the process of development, changes in legislation, it will change.
In the special literature, judgments are made that it is necessary “to recognize the obligatory nature of his (the President of the Russian Federation - E.K.) views on politics, general concepts in lawmaking, in connection with which the Federal Assembly cannot be free from the declared goals and priorities in policy "1. The conclusion about the mandatory nature of the views of the President of the Russian Federation on politics should be recognized as valid only for specific cases and specific addressees. We can talk about the right of the President of the Russian Federation to determine the framework of the behavior of state bodies and officials in the spheres of state administration subordinate to him. For citizens, legislative and judicial authorities, the conclusion that the views of the President of the Russian Federation are binding on politics does not apply. As for the interconnection of the Federal Assembly with the goals and priorities in politics proclaimed by the President of the Russian Federation, it would be more correct to talk about the mutual interconnection of the President of the Russian Federation and the Federal Assembly, since, unlike the right of the emperor, the right of the President of the Russian Federation to determine the main directions of state policy is limited by federal laws adopted by the parliament.
Within the framework of this function, the President of the Russian Federation has the following powers:
a) an appeal to the Federal Assembly with annual messages (clause "e" of Article 84 of the Constitution of the Russian Federation). The Constitution of the Russian Federation provides for two types of messages: on the situation in the country and on the main directions of domestic and foreign policy of the state. In fact, the President of the Russian Federation annually sends to the Federal Assembly only one message2, which combines an analysis of the actual situation in the country with an outline of the main directions of the policy of the Russian Federation. So, for 1998, the following were proclaimed as the main directions: the policy of economic growth, increasing the role of the state in regulating the market economy, administrative reform, the creation of a stable middle class, the establishment of a qualitatively different level of mutual trust between society and the authorities, and others3. In fact, 1998 brought the country a powerful financial and economic crisis, a change of two governments, the most serious actions of various segments of the population in defense of their rights, a further deepening of the gap between society and institutions of state power, which testifies to the low effectiveness of the presidential messages;
b) the right to make policy statements. In them, in particular, the transition to a contract army was proclaimed, 1997 was declared the year of peace and agreement, and 1998 - the year of human rights; positions were expressed regarding the expansion of the North Atlantic Treaty Organization (NATO), individual documents adopted by the State Duma, etc .;
c) the right to approve the military doctrine (clause "z" of article 83 of the Constitution of the Russian Federation). (The main provisions of the military doctrine of the Russian Federation were approved by the Decree of the President of the Russian Federation of November 2, 1993 1, but not officially published.)
Military doctrine is the mandatory rules for organizing and operating the Armed Forces of a country and ensuring its defense capability. Military doctrine is primarily an element of Russia's domestic policy. Since the Armed Forces and the country's defense capability have an impact on Russia's foreign policy, the military doctrine is linked to the country's foreign policy.
The Federal Law "On Defense" of May 31, 19962 gave the President of the Russian Federation the right to determine the main directions of military policy. The content of this power is not precisely defined. It can be assumed that we are talking about fundamental issues of the organization of the Armed Forces of the Russian Federation and international cooperation with the armies of other states. The aforementioned authority of the President of the Russian Federation, enshrined along with his right to approve the military doctrine of the Russian Federation, on the one hand, raises the question of the correlation of the content of these powers, and on the other hand, gives the President of the Russian Federation in practice great room for maneuver;
d) the actual right to determine the doctrine of national security. According to the law "On security" of March 5, 19923, the President of the Russian Federation jointly with the Supreme Soviet of the Russian Federation determines the "strategy for ensuring external and internal security." At present, this function of the Supreme Soviet of the Russian Federation should be performed by the Federal Assembly of the Russian Federation.
Determination of the main directions of domestic and foreign policy should be made a joint function of the President of the Russian Federation, the Federal Assembly and the Government of the Russian Federation. This would resolve a number of problems: a) ensuring the stability of the main directions of the state, which should not change when a new President of the Russian Federation appears; b) achieving interaction between various branches of government in the process of developing and implementing state policy; c) support of the state policy on the part of society, which at present is far from always informed about the state policy.
The President of the Russian Federation has broad powers that allow him to participate not only in the executive sphere, but also in the state administration of the country. The Constitution of the Russian Federation does not use the concept of "public administration", which was one of the key concepts for the previous Russian constitutions. However, in fact, state management of society cannot but be carried out.
Within the framework of this function, the President of the Russian Federation has the right to: a) approve the structure of federal executive bodies (part 1 of article 112 of the Constitution of the Russian Federation). The "structure" can be understood as the internal organization of each of the federal executive bodies, which entails the corresponding content of the named powers. However, practice shows that by decrees of the President of the Russian Federation, the structure of federal executive bodies is approved, which contains a list of ministries, other federal executive bodies (state committees, oversight, commissions, etc.) 1. In addition, the President of the Russian Federation issues decrees on the system of federal executive bodies, where an attempt is made to normatively define the concepts of "Ministry", "State Committee", etc. 2 Both types of decrees refer to Art. 112 of the Constitution of the Russian Federation. Meanwhile, the aforementioned constitutional norm enshrines the right of the President of the Russian Federation to approve only the structure of federal executive bodies. It does not give the President of the Russian Federation the right to normatively define the concepts of "Ministry", "State Committee", etc. In addition, the list of ministries and other federal executive bodies can be more accurately considered as a system of federal executive bodies. This approach also has constitutional roots (part 2 of article 77 of the Constitution of the Russian Federation speaks of a unified system of executive power in the Russian Federation).
The President of the Russian Federation is authorized to form the Government of the Russian Federation, the chairman of which is appointed after obtaining the consent of the State Duma. The President appoints and dismisses the plenipotentiary representatives of the President of the Russian Federation. Since the range of bodies and organizations in which the named representatives can be appointed is not exhaustively defined, the President of the Russian Federation actually not only makes such appointments, but also establishes the corresponding positions. Currently, there are plenipotentiaries of the President of the Russian Federation in the regions, the chambers of the Federal Assembly, the Constitutional Court of the Russian Federation, the Rosvooruzhenie company, etc.
Within the framework of the considered area of activity, the President of the Russian Federation has the right to appoint judges of all federal courts, except for the judges of the three higher courts, which are appointed by the Federation Council on the proposal of the President of the Russian Federation. He appoints the high command of the Armed Forces. The Federal Law "On Military Duty and Military Service" of February 1, 1993, with subsequent amendments and additions, established the right of the President of the Russian Federation to appoint senior officers to all positions for which the state provides for military ranks, i.e. Major General (Rear Admiral) and older 1. It should be noted that the law expands the considered powers of the President of the Russian Federation in comparison with the constitutional one. The constitutional term "high command of the RF Armed Forces" is hardly equivalent to the term "senior officers."
The right of the President of the Russian Federation to form state bodies due to the separation of powers is sometimes limited by the prerogatives of other state bodies. This applies to the replacement of the posts of the Chairman of the Government of the Russian Federation, Chairman of the Central Bank of Russia, the Prosecutor General and other cases. At the same time, appointments by another state body are made only from among those candidates that are presented by the President of the Russian Federation, or, less often, by the President of the Russian Federation, but after obtaining the consent of another state body.
The President of the Russian Federation is authorized to suspend the acts of the executive authorities of the constituent entities of the Russian Federation in the event of the illegality of these acts, contradiction with the international obligations of the Russian Federation or violation of human and civil rights and freedoms. In practice, there are cases of suspension of acts of governors (heads of administrations, presidents) of constituent entities of the Russian Federation. Thus, by the Decree of the President of the Russian Federation of December 18, 19972, the resolution of the governor of the Kursk region of June 13, 1997 "On the regulation of financial and economic relations in the territory of the Kursk region" was suspended for reasons of illegality. The legislation does not establish the period for which the act is suspended. In practice, such an act is brought by the body that issued it in accordance with federal legislation. The act may be declared invalid by a court decision.
With regard to acts of the federal government, the President of the Russian Federation has the right to revoke them on grounds of illegality, including cases of their contradiction to the decrees of the President of the Russian Federation. It should be noted that according to the Constitution of the Russian Federation, the list of grounds for suspending the actions of executive bodies does not include contradictions to the decrees of the President of the Russian Federation. However, practice is known for the suspension by the President of the Russian Federation of acts of the executive authorities of the constituent entities of the Russian Federation, which contradict the decrees of the President of the Russian Federation1.
The Constitution of the Russian Federation gives the President the right to take measures to protect the sovereignty of the Russian Federation, its independence and state integrity (part 2 of article 80). The list of measures in the aforementioned norm is not established, but the President of the Russian Federation has the right to take them in accordance with the procedure established by the Constitution of the Russian Federation. This means that such measures must have constitutional roots. There are significantly fewer of them than is required to ensure the named values. We can talk about the suspension of acts of executive authorities, going to court, appointing plenipotentiary representatives of the President of the Russian Federation, approving and organizing the implementation of programs for the socio-economic development of regions, the introduction of a state of emergency or martial law.
Until now, Russian constitutional law does not know the measures of federal coercion in the event of unconstitutional or illegal actions of the state authorities of the constituent entities of the Russian Federation, ensuring the implementation of the federal Constitution and laws in the face of opposition from the constituent entities of the Russian Federation. Constitutional and legal regulation is designed only for cases of law-abiding behavior of the authorities of the constituent entities of the Russian Federation. Meanwhile, practice knows many examples of deliberate and systematic opposition to the federal government and federal law. A search for adequate response measures is required.
