President of the Russian Federation. Constitutional-legal status of the head of state
The constitutional and legal status of the president of the Russian Federation is notvery clearly defined by the current version of the basic law. On the one hand, the Constitution positions the President of Russia as the head of state. On the other hand, the regulatory provisions governing its activities do not give a definite answer to the question of which of the branches of power it represents. For some reason, it is commonly believed that the head of state at the same time heads the executive branch.
In our opinion, this approach is not entirely correct withformally legal point of view. Yes, indeed, there is an example of such a combination - the owner of the White House is also the head of the American state, and heads the national government. But this is almost an isolated case, which can be regarded as an exception to the rule. In Russia, the prime minister is elected - what power does he have then? Obviously, the same is executive. In addition, the President has the most extensive powers to approve the federal administrative bureaucracy. Broad legislative powers also do not mean that he is the first person of legislative authority. Direct management and administration of the judicial system, control over the personal composition and activities of the judicial bureaucracy also do not give grounds for asserting its legal dominance in the judicial system. Obviously, we should not simply say who the president of the Russian Federation is, whose constitutional and legal status is rather difficult to determine. It is about the head of state asabove-an institutional body that is "on top" of all political and government institutions. Strictly speaking, that's why he is considered the head of the Russian state.
In general, the constitutional and legal status of the presidentis determined by the rules prescribed in the law on presidential elections. The election methodology is a secret ballot in general elections, the date of which is determined by the Federation Council. In the event that the senators are for some reason unable to determine this task, the election date is set by the CEC. According to the established tradition, the presidential "day X" is held on the second Sunday in March, once every four years.
So, the candidate for the post is the president of the Russian Federation. The constitutional and legal status of the head of state implies compliance with three basic requirements:
- the presence of Russian citizenship;
- age - from 35 years;
- Accommodation in Russia (not necessarily permanently) for more than 10 years.
Mandatory party membership
Practice of recent years has demonstrated thatnomination of candidates for the presidency is carried out at all-party congresses. According to the current legislation, self-nominees also have the right to register, however such steps are not welcomed.
Competence. President of the RF
The constitutional and legal status of the head of state presupposes such powers as:
- presentation - personification of people's sovereignty, he represents the interests of the country in the international arena, and acts as an arbiter in the country between various groups of elites;
- the guarantor of the fulfillment of constitutional norms and the basic principles of constitutionalism on the part of all political and state persons;
- formulation and implementation of basic principlesinternal policy, the definition of a strategy for foreign policy development. As the President of the Russian Federation, whose constitutional and legal status sufficiently clearly indicates the priority of moderating functions and powers for public administration, he has the right to create, transform or liquidate political and state institutions, and ensure the smooth functioning of government bodies at all levels.
In modern political science, this form of governmentknown as the "post-Soviet presidency". The head of state is informally, as it were, on both political institutions and law. At the same time, it is on his will that the work of all elements of the state system depends. Reproduction of power is limited to the individual will of one person, which, however, does not deny the autonomous administrative existence of individual cogs of a nation-wide bureaucratic mechanism.