Who is the head of state in our country. The President of the Russian Federation is the head of state

2. President Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, it takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of bodies state power.

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 state’s domestic and foreign policy.

4. The President of the Russian Federation, as 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 term of six years by citizens of the Russian Federation on the basis of universal equal and direct voting rights 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. The same person cannot hold the position of President of the Russian Federation for more than two consecutive terms.

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

1. Upon taking office, the President of the Russian Federation takes the following oath to the people:

“When exercising the powers of the President of the Russian Federation, I swear to respect and protect the rights and freedoms of man and citizen, to observe and defend the Constitution of the Russian Federation, to protect 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 chair meetings of the Government of the Russian Federation;

c) decides on the resignation of the Government of the Russian Federation;

d) presents to the State Duma a candidacy for appointment to the post of Chairman of the Central Bank of the Russian Federation; raises before the State Duma the question of dismissal of the Chairman of the Central Bank of the Russian Federation;

e) at the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses the Deputy Chairman of the Government of the Russian Federation and federal ministers;

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

f.1) presents to the Federation Council candidates for appointment to the position of Prosecutor General of the Russian Federation and Deputy Prosecutors General of the Russian Federation; submits to the Federation Council proposals for the dismissal of the Prosecutor General of the Russian Federation and Deputy Prosecutors of the Russian Federation; appoints and dismisses prosecutors of the constituent entities of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, districts and prosecutors equivalent 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 authorized 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 consultations 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) calls elections of the State Duma in accordance with the Constitution of the Russian Federation and federal law;

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

c) calls a referendum in the manner established by federal constitutional law;

d) introduces 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 state’s domestic and foreign policy.

1. The President of the Russian Federation may use conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation. If an agreed solution is not reached, he may refer the dispute to the appropriate court.

2. The President of the Russian Federation has the right to suspend the validity of acts of executive authorities of constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution of the Russian Federation and federal laws, international obligations Russian Federation or violation of human and civil rights and freedoms until this issue is resolved by the appropriate court.

President of Russian Federation:

a) provides leadership foreign policy Russian Federation;

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

c) signs the instruments of ratification;

d) accepts credentials and letters of recall from diplomatic representatives accredited to 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 immediate threat of aggression, the President of the Russian Federation introduces martial law on the territory of the Russian Federation or in its individual localities with immediate notification of this to the Federation Council and the State Duma.

3. The martial law regime 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, introduces on the territory of the Russian Federation or in its individual localities state of emergency with immediate notification of this to the Federation Council and the State Duma.

President of Russian Federation:

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

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

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 mandatory for execution throughout 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 enjoys immunity.

1. The President of the Russian Federation begins to exercise his powers from the moment he takes the oath and ceases to exercise them with the expiration of his term in 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 early in the event of his resignation, persistent inability for health reasons to exercise his powers, or removal from office. In this case, elections 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 to 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 charges brought by the State Duma of treason or committing another felony, 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 by 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 remove the President from office must be adopted by two-thirds of the votes of total number in each of the chambers on the initiative of at least one third of the deputies of the State Duma and in the presence of 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 a decision by the Federation Council is not made within this period, the charge against the President is considered rejected.

One of the most important elements of the state mechanism is the head of state. The term "head of state" was first used in Art. 14 of the French Constitutional Charter of June 4, 1814, which declared that “The King is the supreme head of state.”, as well as in the draft of the Württemberg Constitution (March 1817), where in §4 it was stated that “The King is the head of state ". Subsequently, the maxim “The King is the head of state” was adopted by the constitutional legislation of many European states.

Gradually in scientific literature the position is affirmed regarding the similarity in all essential elements of the competence of heads in constitutional monarchies and presidential republics. Under these conditions, the term “head of state” began to extend to the president of the republic, becoming common name for individual government bodies, personifying the state as a whole.

Today, the term “head of state” is used to define a constitutional body and at the same time the highest official of the state. As a rule, this is a single body general competence, one of the highest bodies of state power.

The head of state is the highest official of the state and at the same time a constitutional body that occupies the highest place in the system of government bodies, exercises supreme representation in domestic and foreign policy, and is a symbol of statehood and national unity.

IN different countries The role, functions, powers and importance of the head of state differ significantly from each other.

The constitutions of many countries stipulate that:

Firstly, the head of state does not structurally belong to any branch of government. For example, in paragraph 1 of Art. 55 of the Basic Law of the Federal Republic of Germany of 1949 states that “The Federal President may not be a member of the government or the legislative body of the Federation or any state”, in paragraph 1 of Art. 30 of the Hungarian Constitution of 1949, as amended in 2011, establishes that “the office of the President of the Republic is incompatible with other state, public or political positions or powers.”, Part 2 of Art. 84 of the Constitution of the Italian Republic of 1947 determines that “the post of President of the Republic is incompatible with any other position”, and in Art. 38 of the Constitution of the Republic of Latvia of 1922, as amended in 1998 - “the position of the President of the Republic is incompatible with other professional occupations.” ;

Secondly, the head of state is structurally related to the legislative and executive authorities. For example, in Art. Art. 36, 37 of the Constitution of the Kingdom of Belgium of 1831, as amended in 1994, it is established that “federal legislative power is exercised jointly by the King, the House of Representatives and the Senate” and “The King has executive power within the limits determined by the Constitution”, in paragraph 1 of Art. 53 and art. 79 of the Constitution of the Republic of India, 1949, it is determined that “the executive power in the Union belongs to the President...” and “... the Union Parliament... consists of the President and two Chambers...”;

Thirdly, the head of state is structurally related to the executive authorities. For example, according to Art. 99 of the Constitution of the Azerbaijan Republic of 1995, “in the Azerbaijan Republic, executive power belongs to the President of the Azerbaijan Republic,” in Art. 76 of the Constitution of the Federative Republic of Brazil of 1988 states that “executive power is exercised by the President of the Republic.”, Art. 33 of the Constitution of the Grand Duchy of Luxembourg of 1868 determines that “the Grand Duke alone exercises executive power,” and in section. 1 tbsp. II of the US Constitution of 1787 - “executive power is vested in the President of the United States of America.”;

Fourthly, the head of state is a symbol of power and the state, and is not endowed with real powers. For example, in Art. 1 and part 1 art. 4 of the Japanese Constitution of 1946 defines that “The Emperor is the symbol of the state and the unity of the people...”, but he is “not endowed with the powers that are associated with the exercise of state power”, in §5 and §6 of the Law of the Kingdom of Sweden “Form of Government” dated February 27, 1974 it is stated that “the head of state is the King or Queen,” but “the government rules the state.”

The constitutions of most countries legally establish the political unifying role of the head of state, which consists in the fact that he is the bearer supreme authority, the highest representative of the state in international relations, guarantor national independence, territorial integrity, a symbol of the unity of the nation and state. For example, in paragraph 1 of Art. 99 of the Constitution of the Argentine Nation of 1853, as amended in 1994, states that the President of the Republic “is the Supreme Head of the Nation and the head of the Government, politically responsible for the general government of the country”, in paragraph 1 of Art. 12 of the Irish Constitution of 1937, as amended in 1995, stipulates that “the President of Ireland has primacy over all other persons in the state...”, in Part 1 of Art. 87 of the Constitution of the Italian Republic of 1947 - “The President of the Republic is the head of state and represents national unity”, in Art. 5 of the Constitution of the French Republic of 1958 proclaims that “The President of the Republic monitors compliance with the Constitution. He ensures the normal functioning of the arbitration public authorities, as well as the continuity of the state. He is the guarantor of national independence, territorial integrity.", in Article 102 of the Constitution of Ukraine of 1996 - "The President of Ukraine is the head of state and is the guarantor of state sovereignty, territorial integrity of Ukraine.", and according to Article 73 of the Constitution of the Arab Republic of Egypt of 1971 - “The head of state is the President of the Republic. It ensures the sovereignty of the people. protects national unity. establishes a distinction between the branches of public power."

IN modern states In countries with a monarchical form of government, the head of state is the monarch, and in states with a republican form of government, the head of state is the president. And although the constitutional and legal genesis of the presidency is rooted in the institution of the monarch, their constitutional and legal status is significantly different.

The constitutional status of the monarch is characterized primarily by the fact that he rules indefinitely in his own right and is considered the source of all power in the country. His power is not derived from the will of any other state body or electoral body, which is inherent in republics. The constitutions of states with a monarchical form of government, as a rule, contain provisions that the monarch, as head of state or as the formal head of the executive branch, does not bear political, civil, criminal or administrative responsibility for his actions. He is believed to act on the advice of his ministers, who are responsible. For example, in Art. 88 of the Constitution of the Kingdom of Belgium of 1831, as amended in 1994, proclaimed that “the person of the King is inviolable; his ministers are responsible”, in Art. 13 of the Constitution of the Kingdom of Denmark of 1953 determines that “The King is not responsible for his actions; his person is inviolable. Ministers are responsible for the government...”, in paragraph 2 of Art. 42 of the 1983 Constitution of the Kingdom of the Netherlands states that “ministers, and not the King, are responsible for the activities of the government.” The inviolability of the personality of the monarch is also proclaimed. This first of all means that he cannot be accused of violating the law and is not subject to prosecution. In addition, an attack on the person of the monarch is considered one of the most serious crimes.

The features of the constitutional status of the monarch also include the imitation of his power by representatives ruling dynasty and the presence of, in addition to his powers, personal rights, benefits and privileges (the right to the throne, title, to symbols of power - crown, scepter, mantle, seal, to the court, to ceremonial, to state maintenance, established by law and paid for civil letter, etc.). For example, in Art. 56 of the 1978 Constitution of the Kingdom of Spain states that "1.^ The King is the head of state, the symbol of its unity and continuity. 2. His title is King of Spain, but he may use other titles that correspond to the Crown" in Art. 43 of the Constitution of the Grand Duchy of Luxembourg of 1868, as amended in 1948, it is determined that the Grand Duke “the civil list is established in the amount of three hundred thousand gold francs per month.”, in Art. 44 of this Constitution establishes that “as a residence, the Grand Duke is given the Grand Ducal Palace in Luxembourg and Berg Castle”, in paragraph 1 of Art. 40 of the Constitution of the Kingdom of the Netherlands of 1983 - “The King receives an annual allowance from the state.”, and paragraph 2 of this article establishes that “the morning is not subject to taxation.” It should be noted that modern monarchs They practically do not use symbols of power, with the exception of Queen Elizabeth II of the United Kingdom of Great Britain and Northern Ireland.

Another feature of the status of the monarch is that the constitutions of individual countries establish the requirement of the monarch - his belonging to the state (official) church. Thus, in Great Britain it is mandatory for the monarch to belong to the Anglican Church, in Denmark, Norway, Sweden - to the Lutheran Church, in Thailand - to the Buddhist Church. For example, in paragraph 6 of Part II of the Constitution of the Kingdom of Denmark of 1953 it is proclaimed that “The King must be a member of the Evangelical Lutheran Church.”

Unlike the monarch, the head of state in a republic is the president, who exercises his powers on the basis of a mandate received as a result of elections (direct or indirect). Basically, their powers as heads of state are identical.

IN modern science There are several legal forms of the head of state, in which the functions of the head of state are performed by:

1) a sole monarch who inherited his position (Belgium, Great Britain, Denmark, Spain, Morocco, the Netherlands, Norway, Sweden, Japan);

2) sole monarch, elected ruling family(dynasty) (Qatar, Kuwait, Oman, Saudi Arabia);

3) the sole monarch of a federal state, chosen for a specified period by the monarchs of the constituent entities of the federation from among themselves (Malaysia, the United Arab Emirates);

4) a sole president elected by the people, parliament or a representative college for a specified period (Brazil, India, Italy, Germany, Portugal, USA, France);

5) a collegial body elected by parliament for a specified period. For example, in Art. 176 of the Federal Constitution of the Swiss Confederation of 1998 states that “1. The President of the confederation is the chairman of the Federal Government. 2. The President of the confederation and the Vice-President of the Federal Government are elected by the Federal Government from among its members for one year,” and in Art. 89 of the Constitution of the Republic of Cuba of 1976 determines that “The State Council is an organ of the National Assembly of People's Power. It is collegial in nature and exercises the supreme representation of the Cuban state.”;

6) the head of government (prime minister in the German states), who simultaneously performs the functions of the head of state;

7) an official (governor general) who acts on behalf of the monarch (the British Queen) in states that are members of the Commonwealth. Now, out of 49 Commonwealth countries, she is the head of state in 17 states (Australia, Barbados, Canada, New Zealand, Jamaica and others);

8) co-rulers (Bishop of Urgell and the President of France), who are equal heads of state of the Principality of Andorra and captains-regents (San Marino);

9) a sole or collegial head of state who received power illegally, that is, usurped it through a state or military coup.

The institution of the head of state is constantly evolving. This has led to the fact that the term “head of state” no longer makes it possible to fully characterize the essence, functions and competence of this body, which, unlike the parliament (which in all countries is the highest representative and legislative body), performs various functions and is endowed with different legal status.

So, based on what has been said, we can state that in most modern countries there is a single head of state, whose constitutional status depends on the form government adopted in a particular country, the nature of the existing political regime in the country, as well as other circumstances, including customs and traditions. For example, in Ukraine, the President as the Head of State combines three statuses at once: a representative of the state in domestic and foreign policy relations, the Supreme Commander-in-Chief of the Armed Forces of Ukraine and the head of foreign policy activities.

The highest executive and administrative body of power is the Government (Cabinet of Ministers, Council of Ministers and the head of government is the Prime Minister, Chairman of the Council of Ministers)

The composition of the government can be coalition if it consists of two or more political parties and one-party - from the same party

In Israel, with a population of 7.5 million, a new government was formed in May 2006, which included 25 ministers. In the USA, for a population of 300 million, there are 14 federal ministries. The same number of ministries in Japan with a population of 120 million. In the Russian Federation, the institute of plenipotentiary representatives of the President has appeared in 7 federal districts

Total federal executive bodies increased from 67 to 81. Instead of 24 federal ministries, 15 remained

Monarchy: ancient - eastern, Roman, centralized, medieval, early feudal, estate-representative, absolute and modern-constitutional.

Supreme power is exercised individually and is usually inherited: “The State is me” - King Louis XIV of France.

The oldest is the Japanese monarchy - 125 monarchs.

Signs of the classical monarchical form of government:

1. The existence of a single head of state who exercises his power for life.

2. Hereditary order of succession of supreme power.

3. Legal irresponsibility of the monarch.

Types of monarchy:

1. Absolute monarchy: supreme power belongs to one person. Any government bodies, limiting the power of the monarch do not exist “An autocratic monarch who should not give an answer to anyone in the world about his affairs”

2. A constitutional monarchy: The power of the monarch is limited by a representative body. Restrictions are determined by the constitution approved by parliament. The monarch does not have the right to abolish the constitution: England, Denmark, Spain, Norway, Sweden.

3. Parliamentary monarchy: the government is formed from representatives of a certain party who received a majority of votes in parliamentary elections. The leader of this party becomes the head of state. In the legislative, executive and judicial branches, the power of the monarch is virtually absent and is symbolic. Legislative acts adopted by Parliament and formally signed by the monarch. The government answers to parliament, not to the monarch: Great Britain, Denmark, Belgium.

4. Dualistic: legally and in fact, power is divided between the government formed by the monarch and parliament. The government is formed independently of the party composition in parliament and is not responsible to it: Morocco.

5. Theocratic: The monarch also exercises religious control over the country: Saudi Arabia.

Republic: Athenian, democratic, Roman, aristocratic, Spartan, modern - parliamentary, presidential: power is exercised by elected bodies elected by the population for a certain period.

General signs republican form of government:

1. The existence of a single or collegial head of state.

2. Election for a certain period.

3. The exercise of state power not at its own discretion, but on behalf of the people.

4. Mandatory decisions of the supreme state power.

5. Legal responsibility of the head of state in cases provided for by law.

Types of republics:

Presidential republic: in the hands of the president are the powers of head of state and head of government. Extra-parliamentary method of electing the president and forming the government. The government's responsibility is to the president, not to parliament. The presence of broader powers of the head of state. A classic example is the United States: legislative power belongs to parliament, executive power belongs to the president, and there is no post of prime minister. The government is formed by the president who wins the election from people belonging to his party. The President has the right to dissolve parliament, is the supreme commander in chief, and declares a state of war and a state of emergency.

Parliamentary republic: The supreme role in the organization of state power belongs to parliament. The government is formed by parliament from among deputies belonging to those parties that have a majority of votes in parliament. The government is collectively responsible to parliament. If the majority of members of parliament lose the confidence, the government either resigns or, through the head of state, seeks the dissolution of the government. The head of state is elected by parliament, which is the main type of parliamentary control over the executive branch.

Semi-presidential republic or mixed: Russia, Austria, Bulgaria, Poland, Finland, France. Strong presidential power is combined with the presence of effective measures to control the parliament over the activities of the executive branch represented by the government. The government is responsible both to the president and to parliament.

Super presidential: practically independent presidential power, weakly controlled by the legislative and executive branches. The standard of living of the population is low: Latin America.

Form of government:

– this is the organization of the supreme state power, the procedure for the formation of its bodies, their competencies and relationships with the population, the degree of participation of the population in the formation of these bodies.

Monarchy- This is a form of government in which all supreme power is concentrated in the hands of the sole head of state (monarch), transmitted by inheritance or dynastically.

Signs of a monarchy:

ü The head of state is the monarch;

ü The power of the monarch is inherited or dynastic;

ü The activities of the monarch are not limited to a certain period, i.e. he fulfills his duties for life.

Countries with a monarchical form of government:

Ø Europe (Belgium, Denmark, UK);

Ø Asia (Bhutan, Japan, Thailand);

Ø Africa (Morocco, Lesotho, Swaziland).

ü Some members of parliament are appointed by the monarch (unlike a parliamentary monarchy, where parliament is elected by the people);

ü Members of the government are appointed by the monarch and the government is responsible personally to the monarch;

Parliamentary monarchy- This is a form of government where the power of the monarch is limited by parliament.

ü Along with the monarch, other supreme bodies of state power (parliament, government) also function;

ü Parliament is elected by the people;

ü The government is formed by the party that wins the majority of seats in parliament;

ü The government is responsible to parliament;

ü The principle of separation of powers applies;

ü The power functions of the monarch are limited and are mainly of a ceremonial nature.

Types of monarchy:

A monarchy is called absolute if the supreme state power is solely exercised by the head of state - the monarch, not limited by any body of state power (England, France, Russia - in different periods time).

A form of government in which the power of the monarch is limited by a representative body - parliament, acting on the basis of the Constitution (Great Britain, Norway, Denmark, etc.).

Transitional form of government from absolute to parliamentary monarchy.

HEAD OF STATE

(head of state) Represents the political community and integrity of the state, and also performs ceremonial duties of representing the state both in its own country and in foreign policy, for example, when imposing treaty obligations on the state. In those systems where the head of state is not the head of government, he strives to stand above the politics of individual parties and represent the interests of the nation as a whole. Such a head of state may be a hereditary monarch (a form of government in about 30 countries) or a president elected indirectly by the legislature from among the “elders.” statesmen"who made a significant contribution to serving the state. At the end of the 2nd World War, countries liberated from occupation Western Europe they decided through parliament or a referendum whether to maintain a monarchical system or establish republics headed by a president. IN Eastern Europe authorities abolished monarchies, and there, as in the USSR, the head of state was usually the chairman of parliament - an unknown politician standing at the head of a powerless body, while political power usually carried out outside the formal functioning of the state general secretary communist party. Today in Europe, heads of state are quite capable of exercising power at their own discretion, if political process temporarily comes to a standstill. In Italy, presidents tried to express national interests in the fight against government corruption and the mafia, and King Juan Carlos of Spain played a significant role in the country's transition from dictatorship to democracy and in rallying the forces supporting the post-Franco democratic order. The British monarch, as head of state, has two additional and unique roles that stem from the role of the Crown as king and emperor (queen and empress) as it developed throughout the 19th century. First, the monarch is the head of the Commonwealth and is recognized as such. by the majority of its members, who created republics or maintained their own monarchies. Secondly, the monarch remains the head of state in Canada, Australia and New Zealand. In these countries, the Queen is represented by the Governor-General, who performs ceremonial duties on her behalf.

Policy. Dictionary. - M.: "INFRA-M", Publishing House "Ves Mir". D. Underhill, S. Barrett, P. Burnell, P. Burnham, etc. General editor: Doctor of Economics. Osadchaya I.M..2001 .

Head of State

an official who occupies the highest place in the system of state bodies, ensuring the unity and stability of state power, personifying the state in domestic and foreign policy. In monarchical states, the head of state is a hereditary monarch; in a republican form of government, the head of state is an elected president. Russia has a republican form of government, and the head of state is the President, who is the guarantor of the Constitution, the rights and freedoms of man and citizen, and the integrity of the Russian Federation. It determines the main directions of the state’s domestic and foreign policy, represents Russia within the country and in international relations. The President is elected for four years on the basis of universal, equal and direct suffrage by secret ballot. A citizen of the Russian Federation who is at least 35 years old and has permanently resided in it for at least 10 years can be elected President of Russia. The maximum term of office of the President is 8 years. The functions of the President of Russia are quite extensive. They are enshrined in Article 4 of the Constitution of the Russian Federation. The President appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation; has the right to preside at Government meetings; decides on the resignation of the Government; approves Russia's military doctrine; calls elections of the State Duma and dissolves it in the cases and in the manner provided for by the Constitution; signs and promulgates federal laws; is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation; resolves issues of citizenship, pardons and others. The President has immunity. He terminates the exercise of his powers early in the event of his resignation, permanent incapacity for health reasons or removal from office. The President is not a member of any branch of government, which makes it possible to implement the mechanism of “checks and balances” of the authorities. And at the same time, it acts on the basis of the Constitution and federal laws. If regulations The president's proposals do not comply with the Constitution; the court of the Russian Federation can overturn them. Other guarantees against the usurpation of power by the head of state are the alternative nature of elections, direct popular elections, the possibility of removing him from office and others.

Shpak V.Yu.

Political science. Dictionary. - M: RSU.V.N. Konovalov .2010.

Head of State

a senior official (sometimes a collegial body), considered the supreme representative of the state. As a rule, the head of state is the bearer of executive power. In monarchical states (Great Britain, Sweden, Spain, Japan, Saudi Arabia), the head of state is the monarch, whose power is usually inherited from one representative of the reigning house to another in the manner prescribed by law. In countries with a republican form of government, the head of state is the president, who is elected directly by the population (Russian Federation, Mexico), through indirect elections (USA, Argentina), multi-degree elections (Italy, Germany, India). In presidential republics (USA, Mexico), the president is the head of the executive branch. Formally, the constitutions of most countries give the heads of state extensive powers: he appoints the head of government and ministers, is the supreme commander in chief of the armed forces, has the right of pardon, the right of veto, awards orders and medals, convenes sessions of parliaments, has the right to dissolve parliament or its lower house, exercises the right legislative initiative. In fact, in parliamentary states, the powers of the head of state are exercised on his behalf by the government.

Political Science: Dictionary-Reference Book.comp. Prof. Science Sanzharevsky I.I..2010 .

The head of state is a constitutional body and at the same time the highest official of the state, representing the state externally and internally, a symbol of the statehood of the people. Babaev V.K. Theory of state and law. Moscow, 2007, p. 138

In some countries, the head of state can be considered an integral part of parliament, that is, the legislative branch, since without his signature the law is not valid. Either the head of state can simultaneously be the head of the executive branch (government), or only the head of state and not be part of any branch of government. However, it should be noted that the head of state can be individual or collegial. The monarch and the president are the sole bodies of power, while the collegial bodies include the permanent bodies of parliament elected by him.

Depending on the form of government, the head of state may be a monarch or a president.

A monarch is a person who exercises supreme state power individually, for life, and receives it, as a rule, by inheritance.

As a rule, the monarch (king, sultan, etc.) is the head of state and at the same time the head of the executive branch. However, in many countries the monarch is deprived of executive powers by the constitution or has lost them in practice, remaining the head of state, usually as a powerless symbol of the unity of the nation.

The powers of the monarch depend on the form of government of the state.

All state power is concentrated in the hands of the monarch under an absolute monarchy. He himself makes laws, can directly manage administrative activities or appoint a government for this purpose, and the highest court rules. In fact, there are no restrictions on his power.

In a constitutional (dualistic) monarchy, the powers of the monarch, unlike the previous case, are limited by law (the Constitution).

Executive power here belongs to the monarch, who can exercise it himself or through a government appointed by him. The monarch selects and appoints ministers, heading the government (although there is always the post of prime minister).

The government is fully responsible to the monarch for its activities.

In countries with a parliamentary monarchy, the head of state, as a rule, is deprived of the opportunity to act independently, and all acts emanating from him are usually prepared by the government and countersigned (sealed) by its head or the relevant minister, without which they have no legal force. The head of state is formally vested with broad powers, but in reality has almost no power. The monarch in this form of government “reigns, but does not rule.” He signs (and cannot refuse to do so) all the acts that parliament and the government give him.

The president is the head of the executive branch with broad administrative powers over his government apparatus.

The President serves as the bearer and guarantor of state sovereignty. His powers extend to all areas of internal and external government activity

The president is the head of state in most modern states. He is elected either by the population, or by parliament, or through a special electoral procedure.

In most cases, the president has the ability to form an advisory body (government) and include in it, at his own discretion, certain heads of ministries and departments.

The head of state has various powers, but the exercise of these powers in practice depends on the form of government and on the actual position of the head of state.

In classical presidential republics, the president is the central political figure; here all executive power is concentrated in his hands, since he, being the head of state, also heads the government. The President himself appoints ministers and dismisses them. The government is completely subordinate to him.

In a semi-presidential republic, the government is formed by parliament, however, the president here has significant executive powers.

In a parliamentary republic, the president, being the head of state, does not have actual power. He is elected, as a rule, not by the population, but by an electoral college consisting primarily of parliamentarians. The government here is not accountable to him; it is formed by the party (or parties) that won the parliamentary elections, and the president, not being the leader of the party, is deprived of the opportunity to direct its activities.

The institution of presidential power has relatively short story in the development of Russian statehood. For a Soviet republic, as Russia was for many decades, this institution was organically alien. The whole point is that the principle of separation of powers, one of the expressions of which is the presence of the President in the system of government bodies, was incompatible with the prevailing concept of the absolute power of the Soviets, the combination of legislative and executive powers in them.

The post of President was first approved in 1990, in the then USSR, overcoming significant resistance from people's deputies, and led to changes in the Constitution. And the ambiguous personality of M.S. Gorbachev will forever be recorded on the tablets of history not only as a person who gave impetus to democratic transformations in the country, but as the first and last President THE USSR. The first president of the RSFSR was elected through direct popular elections on June 12, 1991.

The 1993 Constitution of the Russian Federation introduced significant changes to the status of the President and the procedure for his election, the procedure for removal from office, etc. On this basis, there was a change in current legislation. Thus, in 1995, the State Duma adopted and signed by the President the Law “On the Election of the President of the Russian Federation” and a number of other legal acts related to the characteristics of the status of the President.

The President of the Russian Federation is the head of state Art. 80 of the Constitution of the Russian Federation, elected for six years, in accordance with paragraph 1 of Article 81 of the Constitution of the Russian Federation. The previous Constitution established that the President is the highest official and head of the executive branch in the Russian Federation.

Giving the President the status of head of state was primarily caused by the requirement to increase the personalized representation of the state both within the country and in the international arena. This status is traditional in the constitutions of many countries.

A fundamentally new interpretation of the status of the President of the Russian Federation contained in the Constitution means that the President occupies special place in the system of government bodies, is not directly included in any of its branches. Gutsol V.V. Legal basis Russian state.. Rostov-on-Don, 2006, page 63

However, the Constitution contains restrictions that prevent the President of the Russian Federation from turning into an authoritarian ruler. They are the limited period of office of the President, the procedure for his direct popular elections, the inadmissibility of holding this post for more than two terms in a row, the possibility of his removal from office, the recognition of normative acts of the President as inconsistent with the Constitution based on the decision of the Constitutional Court, etc.

The President acts as the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. This means that he is personally responsible for ensuring that the mechanisms for protecting the Constitution and human rights work smoothly.

The President also takes measures to protect the country’s sovereignty, its independence and state integrity, and ensures the coordinated functioning of government bodies of the Russian Federation2.

Let us also note such a function as determining the main directions of the state’s domestic and foreign policy. The President's annual messages to the Federal Assembly make them public.

In accordance with Article 80 of the Constitution, the President, as the guarantor of the Constitution, the rights and freedoms of man and citizen, is entrusted with ensuring the coordinated functioning and interaction of government bodies.

Therefore, in accordance with the Constitution, both the President and the Federal Assembly - Parliament act in the formation of federal bodies of state power. This is achieved in two ways: either the President appoints certain officials, and the parliament approves, or the parliament appoints, and the President proposes candidates.

In the formation of executive authorities, the powers of the President are the broadest, because It is these bodies that practically implement the President’s program. The President appoints the Chairman of the Government of the Russian Federation with the consent of the State Duma, appoints Deputy Prime Ministers and federal ministers to the position of Deputy Chairman of the Government at the proposal of the Chairman of the Government.

He also submits to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court, Supreme Court, Supreme Court Arbitration Court, Prosecutor General. The Federation Council appoints the listed judges and the Prosecutor General. Part 1 of Article 128 of the Constitution of the Russian Federation

The President is also entrusted with a number of powers related to the activities of Parliament. He calls elections for the State Duma in accordance with the Constitution and Federal Law, and dissolves it in cases and in the manner provided for by the Constitution, Article 84 of the Constitution of the Russian Federation.

He also signs and promulgates federal laws of the Russian Federation and has the right of suspensive veto. Article 107 of the Constitution of the Russian Federation

The President introduces bills State Duma, has the authority to contact Constitutional Court with requests for compliance with the Constitution of the Russian Federation provided for in Article 125 regulatory documents, on the interpretation of the Constitution, make proposals for amendments and revisions of the Constitution.

The President, in accordance with the Constitution, constitutional and federal laws, directs the activities of federal executive bodies in charge of security, internal affairs, foreign affairs, prevention emergency situations and liquidation of consequences natural Disasters, approves, on the proposal of the Chairman of the Government, regulations on them and appoints their leaders, and also exercises other powers as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and Chairman of the Security Council.

Conclusions: The head of state is a person, several people or a body considered the supreme representative of the state.

In some cases (for example, the United States of America) he is the head of the executive branch. In others (for example, Germany) it has only representative functions. In certain types of forms of government, it is also the highest judicial and/or legislative power and/or the supreme commander in chief armed forces countries.

For example, in the Russian Federation, based on the Constitution of the Russian Federation, since 1993 the head of state has been the President. In monarchies - king (queen), king, emperor or prince.