Chapter 4. The President of the Russian Federation 


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Chapter 4. The President of the Russian Federation



 

Article 80

 

1. The President of the Russian Federation shall be the head of the State.

 

2. The President of the Russian Federation shall be guarantor of the Constitution of the Russian Federation, of the rights and freedoms of man and citizen. According to the rules established by the Constitution of the Russian Federation, he shall adopt measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensure coordinated functioning and interaction of all the bodies of state power.

 

Decree of the President of the Russian Federation No. 1602 of September 1, 2000 created the State Council of the Russian Federation, which is an advisory body intended to assist in the implementation of powers of the head of state in the area of coordinated activities and interaction of bodies of state power, and approved the Regulations on it

 

3. According to the Constitution of the Russian Federation and federal laws the President of the Russian Federation shall determine the guidelines of the internal and foreign policies of the State.

 

4. As the head of the State the President of the Russian Federation represent the Russian Federation within the country and in international relations.

 

Article 81

 

 

Law of the Russian Federation on an Amendment to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008 reworded Part 1 of Article 81 of the Constitution. The new wording of the Part shall enter into force from the day of the official publication of the said Law

The amendments shall be applied with respect to the President of the Russian Federation elected after the entry into force of the said Law

See the Part in the previous wording

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

 

2. Any citizen of the Russian Federation not younger than 35 years of age and with a permanent residence record in the Russian Federation of not less than 10 years may be elected President of the Russian Federation.

 

3. One and the same person may not be elected President of the Russian Federation for more than two terms running.

 

4. The rules for electing the President of the Russian Federation shall determined by the federal law.

 

Article 82

 

1. When taking office the President of the Russian Federation shall take the following oath of loyalty to the people:

"I swear in exercising the powers of the President of the Russian Federation to respect and safeguard the rights and freedoms of man and citizen, to observe and protect 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 shall be taken in a solemn atmosphere in the presence of members of the Council of the Federation, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation.

 

Article 83

The President of the Russian Federation shall:

a) appoint by agreement with the State Duma the Chairman of the Government of the Russian Federation;

b) have the right to chair meetings of the Government of the Russian Federation;

c) adopt decision on the resignation of the Government of the Russian Federation;

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

e) at the proposal of the Chairman of the Government of the Russian Federation appoint and dismiss deputy chairmen of the Government of the Russian Federation and federal ministers;

f) present to the Council of the Federation candidates for appointment as judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Court of Arbitration of the Russian Federation, as well as a candidate for the post of the Procurator-General of the Russian Federation; submit to the Council of the Federation a proposal to dismiss the Procurator-General of the Russian Federation; appoint judges of other federal courts;

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

h) approve the military doctrine of the Russian Federation;

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

 

Administration of the President of the Russian Federation was formed by Decree of the President of the Russian Federation No. 400 of March 25, 2004

j) appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;

 

The Regulations on a Plenipotentiary Representative of the President of the Russian Federation In a Region of the Russian Federation were approved by Decree of the President of the Russian Federation No. 696 of July 9, 1997

k) appoint and dismiss the supreme command of the Armed Forces of the Russian Federation;

l) after consultations with corresponding committees and commissions of the chambers of the Federal Assembly appoint and recall diplomatic representatives of the Russian Federation in foreign States and international organisations.

 

Article 84

The President of the Russian Federation shall:

a) announce elections to the State Duma according to the Constitution of the Russian Federation and the federal law;

b) dissolve the State Duma in cases and according to the rules established by the Constitution of the Russian Federation;

c) announce referendums according to the rules established by the federal constitutional law;

d) submit bills to the State Duma;

e) sign and make public federal laws;

f) address the Federal Assembly with annual messages on the situation in the country, on the guidelines for the internal and foreign policies of the State.

 

Article 85

 

1. The President of the Russian Federation may use conciliatory procedures to solve disputes between the bodies of state authority of the Russian Federation and bodies of state authority of the subjects of the Russian Federation, as well as between bodies of state authority of the subjects of the Russian Federation. If no agreed decision is reached, he shall have the right to submit the dispute for the consideration of a corresponding court.

 

2. The President of the Russian Federation shall have the right to suspend acts of the bodies of executive power of the subjects of the Russian Federation if these acts contradict the Constitution of the Russian Federation and the federal laws or international commitments of the Russian Federation or violate the rights and freedoms of man and citizen until the issue is solved by a corresponding court.

 

Article 86

The President of the Russian Federation shall:

a) govern the foreign policy of the Russian Federation;

b) hold negotiations and sign international treaties and agreements of the Russian Federation;

c) sign ratification instruments;

d) receive credentials and letters of recall of diplomatic representatives accredited to him.

 

Article 87

 

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

 

2. In the case of aggression against the Russian Federation or of a direct threat of aggression the President of the Russian Federation shall introduce martial law in the territory of the Russian Federation or in certain parts thereof and immediately inform the Council of the Federation and the State Duma about this.

 

3. The martial law regime shall be defined by the federal constitutional law.

 

See Federal Constitutional Law No. 1-FKZ of January 30, 2002 on the Marshal Law

 

Article 88

The President of the Russian Federation, in circumstances and according to the rules envisaged by the federal constitutional law, shall introduce a state of emergency in the territory of the Russian Federation or in certain parts thereof and immediately inform the Council of the Federation and the State Duma about this.

 

Article 89

The President of the Russian Federation shall:

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

b) decorate with state awards of the Russian Federation, award honourary titles of the Russian Federation, higher military and higher special ranks;

c) decide on pardoning.

 

Article 90

 

1. The President of the Russian Federation shall issue decrees and orders.

 

2. The decrees and orders of the President of the Russian Federation shall be obligatory for fulfillment in the whole territory of the Russian Federation.

 

3. Decrees and orders of the President of the Russian Federation shall not run counter to the Constitution of the Russian Federation and federal laws.

 

Article 91

The President of the Russian Federation shall possess immunity.

 

Article 92

 

1. The President of the Russian Federation shall take up his powers from the moment of taking the oath of loyalty and cease to fulfil them with the expiration of the term of office and from the moment a newly-elected president is sworn in.

 

2. The President of the Russian Federation shall cease to exercise his powers short of the term in the case of his resignation, consistent inability because of health reasons to exercise the powers vested in him or in case of impeachment. In this case the election of the President of the Russian Federation shall take place not later than three months from the termination of the powers short of the term.

 

On guarantees to the President of the Russian Federation whose powers have ceased and to the members of his family see Federal Law of the Russian Federation No. 12-FZ of February 12, 2001

 

3. In all cases when the President of the Russian Federation is incapable of fulfilling his duties, they shall be temporarily fulfilled by the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation shall have no right to dissolve the State Duma, call a referendum, or to submit proposals on amendments to, and review of, the provisions of the Constitution of the Russian Federation.

 

Article 93

 

1. The President of the Russian Federation may be impeached by the Council of the Federation only on the basis of charges of high treason or another grave crime, advanced by the State Duma and confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of the elements 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 confirming that the rules for advancing the charges were observed.

 

2. The decision of the State Duma on advancing charges and the decision of the Council of the Federation on impeaching the President shall be adopted by two thirds of the votes of the total number of members of each chamber and on the initiative of not less than one third of the deputies of the State Duma and with the conclusion of a special commission set up by the State Duma.

 

3. The decision of the Council of the Federation on impeaching the President of the Russian Federation shall be adopted not later than three months after the State Duma advanced the charges against the President. If a decision of the Council of the Federation is not adopted during this time, the charges against the President shall be regarded as rejected.

 



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