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Constitution of the Russian Federation. State authorities in Russia The President of the Russian Federation forms and heads the state body

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    • State Council of the Russian Federation

    One of the bodies with a special status, headed by the President of Russia, is State Council of the Russian Federation.

    It was formed in 2000.

    State Council of the Russian Federation- an advisory body that promotes the implementation of the powers of the head of state on issues of ensuring the coordinated functioning and interaction of government bodies.

    The body is formed by the President of Russia. In addition to the chairman of the council, it includes members. There is also a secretary who is not part of the body. These duties are assigned by the Head of the Presidential Administration of the Russian Federation to one of the assistants to the President of the Russian Federation. Now it is

    Members of the State Council of the Russian Federation are:

    • Chairman of the Federation Council of the Federal Assembly of the Russian Federation;
    • Chairman of the State Duma of the Federal Assembly of the Russian Federation;
    • plenipotentiary representatives of the President of the Russian Federation in federal districts;
    • top officials (heads of the highest executive bodies of state power) of the subjects of the federation;
    • leaders of factions in the State Duma of the Federal Assembly of the Russian Federation;
    • other persons who have held the positions of senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation and have extensive experience in public (state and public) activities may be included.

    The main tasks of the council are:

    • assistance in the implementation of the powers of the President of the Russian Federation on issues of ensuring the coordinated functioning and interaction of government bodies;
    • discussion of problems of particular state significance concerning the relationship between the Russian Federation and the subjects of the federation, the most important issues of state building and strengthening the foundations of federalism, making the necessary proposals to the President of the Russian Federation;
    • discussion of issues related to the implementation (compliance) by federal government bodies, government bodies of federal subjects, local government bodies, their officials of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of Russia, decrees and orders of the Government of the Russian Federation, and the introduction relevant proposals to the President of Russia;
    • assistance to the President of the Russian Federation when he uses conciliation procedures to resolve disagreements between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Federation, as well as between the state authorities of the constituent entities of the Russian Federation;
    • consideration, at the suggestion of the President of Russia, of draft federal laws and decrees of the President of the Russian Federation of national importance;
    • discussion of the draft federal law on the federal budget;
    • discussion of information from the Government of the Russian Federation on the progress of the execution of the federal budget;
    • discussion of the main issues of personnel policy in the Russian Federation;
    • discussion on the proposal of the President of Russia of other issues of great national importance.

    Organizationally State Council of the Russian Federation as follows.

    The chairman plays a key role in the activities of the council. In addition to the formation of the personal composition of the State Council and its bodies, he:

    • determines the place and time of meetings of the State Council of the Russian Federation and its presidium;
    • presides over the meetings of the council and the presidium;
    • forms, on the basis of proposals from the members of the presidium, the work plan of the state council and the agenda of its next meeting;
    • gives instructions to members and the secretary of the State Council of the Russian Federation.

    A considerable burden falls on the secretary, who:

    • ensures the preparation of the draft work plan of the council, draws up draft agendas for its meetings, organizes the preparation of materials for meetings, as well as drafts of relevant decisions;
    • informs the members of the State Council about the place, time and agenda of the next meeting, provides them with the necessary materials;
    • signs the minutes of the meetings of the State Council of the Russian Federation;
    • is responsible for ensuring the activities of the council;
    • organizes the work of the advisory commission and ensures the activities of permanent and temporary commissions and working groups created by the State Council of the Russian Federation and the Presidium;
    • carries out other orders of the chairman of the State Council.

    Today the council has 100 members, plus a chairman and a secretary.

    In order to resolve operational issues, a Presidium of the State Council of the Russian Federation consisting of 9 members of the council. In particular, he considers the work plan of the State Council, as well as the agenda of the next meeting and materials to it. The composition of the Presidium is determined by the President of the Russian Federation and is subject to rotation every six months. Meetings are held, as a rule, at least once every 3 months.

    Advisory committee provides consulting assistance to members of the State Council and Presidium on issues included in the work plan of the State Council of the Russian Federation. The difference between the consulting commission and other bodies of the state council is that its members participate in the work of the council.

    To prepare materials on issues that are supposed to be considered at a meeting of the State Council of the Russian Federation or its presidium, permanent and temporary commissions and working groups are being created. Certain types of work can be performed by scientists and specialists on a contractual basis.
    Meetings of the State Council are held regularly, as a rule, at least 3 times a year. By decision of the chairman, extraordinary meetings may be held.

    Clause 1 of the Regulations on the State Council of the Russian Federation (approved by the Decree of the President of the Russian Federation of 01.09.2000 No. 1602).
    Clause 7 of the Regulations on the State Council of the Russian Federation (approved by the Decree of the President of the Russian Federation of 09/01/2000 No. 1602).

    Clause 4 of the Regulations on the State Council of the Russian Federation (approved by the Decree of the President of the Russian Federation of 09/01/2000 No. 1602).

    Clause 9 of the Regulations on the State Council of the Russian Federation (approved by the Decree of the President of the Russian Federation of 09/01/2000 No. 1602).

    On the appointment of the presidential elections in the Russian Federation for March 18, 2018. From this moment, the election campaign begins in Russia. The editorial staff of TASS-DOSSIER prepared material on the powers of the head of state.

    The powers of the Russian president are determined by Articles 80-93 of the Constitution of the Russian Federation, adopted on December 12, 1993. According to Art. 80 of the basic law, the President of Russia has the status of the "head of state", the "guarantor" of the constitution, human and civil rights and freedoms. It occupies a special place in the system of power and is not directly included in any of its three branches (executive - the government of the Russian Federation; legislative - the Federal Assembly of the Russian Federation; judicial - the courts of the Russian Federation).

    At the same time, the head of state can only make decisions within the framework of the current constitution and federal laws. The President of the Russian Federation is elected for a term of six years and cannot hold the highest office in the country for more than two consecutive terms. His decrees and orders are binding on the entire territory of the Russian Federation.

    National security

    The President is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, and he also has the right to appoint and dismiss the high command of the Russian army and navy. In the event of aggression (or its immediate threat) against the Russian Federation, the head of state has the right to impose martial law on the entire territory of the country or in its individual areas. Also, in case of attempts at armed revolt, mass riots, man-made or environmental disasters, and other circumstances, the president can declare a state of emergency.

    In both cases, he is obliged to immediately inform both houses of the Federal Assembly of his decision. Within 48 hours, the introduction of martial law must be approved by a majority of the members of the Federation Council of the Russian Federation (the state of emergency must be approved within 72 hours).

    According to Art. 106 of the Constitution of the Russian Federation, the president has no right to declare war and conclude peace. This is the exclusive competence of the Federation Council. The head of state forms and heads the Security Council of the Russian Federation. This advisory body includes the chairmen of the chambers of the Federal Assembly, the head of government, ministers of the security bloc and foreign affairs, the head of the Presidential Administration and others. The Security Council prepares for the head of state basic documents in the field of national security, in particular, the military doctrine of the Russian Federation, which is approved by the president.

    Foreign policy

    As the head of state, the President of the Russian Federation represents the country in the international arena. He directly manages the foreign policy of the Russian Federation, determines its main directions (in particular, in the message to the Federal Assembly of the Russian Federation), negotiates with the leaders of foreign states and international organizations. For the entry into force of international treaties ratified by the State Duma, the signature of the Russian president is required.

    The head of state carries out general management of the activities of the Ministry of Foreign Affairs of the Russian Federation. After consulting the relevant committees of both chambers of parliament, he appoints and recalls Russian diplomatic representatives to foreign states and international organizations. Also, the President of the Russian Federation accepts the credentials and letters of recall of foreign diplomats.

    Executive power

    The President of the Russian Federation determines the main directions of the country's domestic policy. According to the constitution, he has the right to preside over government meetings. The head of state is directly subordinate to 19 departments (out of 72 that are part of the government structure), including the ministries of the power bloc, justice, foreign affairs, the Federal Service for Financial Monitoring, the Federal Archival Agency, etc.

    The President plays a decisive role in the formation of the new cabinet of ministers. With the consent of the State Duma, he appoints the chairman of the government. At the suggestion of the prime minister, the head of state approves the structure of the cabinet, appoints deputy prime ministers and federal ministers. Makes decisions on the appointment of heads of law enforcement agencies, as well as the resignation of heads of ministries. In addition, according to the constitution, the president has the right to dismiss the entire government for reasons of political necessity.

    In addition to the Cabinet of Ministers, the President of the Russian Federation forms his own Administration, which ensures the activities of the head of state and monitors the implementation of his decisions. The structure of the Presidential Administration includes 21 departments (including those for domestic and foreign policy), assistants and advisers, as well as plenipotentiary representatives of the president (and their offices) in the federal districts.

    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 lower house of parliament the issue of dismissing him from office.

    The head of state is also an arbiter in the event of disagreements between federal and regional authorities, he can use various conciliation procedures for this (organization of negotiations, arbitration courts, etc.). The President has the right to suspend the acts of the executive authorities of the constituent entities of the Russian Federation if they contradict the Russian constitution, federal laws or violate human and civil rights and freedoms. The final decisions on these types of issues are made by the courts.

    Legislature

    The President of the Russian Federation has the right to initiate legislation, including on the revision of the Russian constitution. Federal laws adopted by both chambers of the Russian parliament enter into force only after they are signed and promulgated by the head of state.

    On issues of special state importance, the president can call a popular vote - a federal referendum.

    Since 2014, the Russian president has received the right to appoint no more than 10% (17 people) of the members of the Federation Council of the Russian Federation (the rest of the senators are representatives of the legislative and executive authorities of the constituent entities of the Russian Federation).

    The head of state calls elections to the State Duma. He can also dissolve the lower house of parliament on three occasions:

    If the deputies three times reject the candidates for the post of the chairman of the government presented by the president;

    If the Duma re-expresses its no-confidence in the government within three months;

    If the Duma refuses to trust the government when the question of such trust was put before it by the prime minister.

    The head of state submits candidates to the Federation Council for appointment to the posts of judges of the Constitutional and Supreme Courts of the Russian Federation. He also has the right to directly appoint judges of other federal courts. In the Russian prosecutor's office, the president's competence includes the appointment and dismissal of prosecutors of the constituent entities of the Russian Federation, etc. In addition, the head of state submits candidates for the post of the general prosecutor and his deputies to the Federation Council for approval.

    Other powers

    The Russian president decides on the issues of citizenship of the Russian Federation and the granting of political asylum to foreign citizens and stateless persons who have made a request to the authorities of the Russian Federation. The President has the right, by his decrees, to pardon convicts, that is, to release them from further serving their sentence or to mitigate the sentence passed by the court. The competence of the head of state also includes the awarding of orders and medals to citizens of the Russian Federation, as well as the assignment of higher military and higher special ranks.

    Impeachment procedure (removal from office)

    According to the constitution, the President of the Russian Federation has immunity. However, if he is accused of high treason or committing another grave crime, he may be forcibly removed from office by the Federation Council, and also brought to trial. The State Duma (two-thirds of the votes of the deputies) puts forward an accusation against a senior official, then the Supreme and Constitutional Courts consider it. The final decision to remove the president from office is made by the Federation Council (at least two-thirds of the votes) within three months from the date of the charge.

    Art. 80 of the Constitution of the Russian Federation states:

    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.

    The main powers of the President of the Russian Federation as the head of state and the de facto head of the executive branch include the following powers:

    1. In the field of international relations: the President of the Russian Federation is in charge of the foreign policy of the Russian Federation, negotiates and signs international treaties, appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations.

    3. In the field of elections and referendums: the President of the Russian Federation shall appoint elections to the State Duma and all-Russian referendums.

    4. In the field of security and defense: the President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, approves the military doctrine of Russia, appoints and dismisses the high command of the Armed Forces, forms and heads the Security Council.

    5. In the field of justice and prosecutorial supervision: the President of the Russian Federation submits to the Federation Council candidates for appointment to the posts of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, as well as judges of other federal courts, submits to the Federation Council the candidacy of the General Prosecutor of the Russian Federation.

    6. The powers of the President of the Russian Federation as the de facto head of the executive branch consist in the fact that he appoints the Chairman of the Government of the Russian Federation with the consent of the State Duma, has the right to preside over meetings of the Government, direct and control his activities. The President of the Russian Federation and the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, exercise their powers of federal state power throughout the territory of the Russian Federation.

    7. Powers of the President related to the formation of federal bodies of state. authorities and the participation of their activities:

    1) Appoints, with the consent of the State Duma of the Russian Federation, the Chairman of the Government (part 2 of article 111). In case of rejection (3 times), the President either independently appoints the Chairman of the Government, or dissolves the State Duma of the Russian Federation.

    2) Has the right to preside over meetings of the Government of the Russian Federation.

    3) Decides on the resignation of the Government

    4) On the proposal of the Prime Minister, appoints and dismisses the Deputy Prime Ministers and Federal Ministers

    5) Submits to the Federation Council candidates for the following positions:

    Judges of the Constitutional Court of the Russian Federation;

    RF Armed Forces judges;

    Judges of the Supreme Arbitration Court of the Russian Federation;

    The Prosecutor General of the Russian Federation;

    Appoints Judges of other Federal Courts; Submits proposals to the Federation Council on the resignation of the Prosecutor General of the Russian Federation.

    6) Forms and heads the Security Council of the Russian Federation.

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


    8) Appoints and dismisses plenipotentiary representatives of the President of the Russian Federation: representations in government bodies (in the State Duma of the Russian Federation, the Federation Council of the Russian Federation, the Constitutional Court of the Russian Federation) and territorial offices (federal districts).

    8. Powers related to the activities of the Federal Assembly of the Russian Federation:

    1) Appoints elections to the State Duma of the Russian Federation;

    2) Dissolves the State Duma of the Russian Federation in the cases and in the manner established by the KRF:

    After 3-fold rejection of the candidacy of the Prime Minister;

    If the State Duma of the Russian Federation within 3 months repeatedly expresses no confidence in the Government;

    If the State Duma of the Russian Federation refuses to trust the Government (part 3.4 of article 111 of the Russian Federation);

    3) Appoints a referendum in accordance with the procedure established by the Federal Law of the Russian Federation;

    4) Submits bills to the State Duma of the Russian Federation;

    5) Signs and publishes the Federal Law;

    6) Has a Presidential veto.

    7) Appeals to the Federal Assembly with annual messages (clause e of article 84 of the KRF).

    9. Powers in the field of foreign policy:

    1) Carries out the leadership of the foreign policy of the Russian Federation;

    2) Negotiates and signs international treaties of the Russian Federation;

    3) Signs the ratified instruments (document);

    4) Accepts credentials, letters of recall from diplomatic missions accredited with him;

    5) Appoints and recalls, after consultation with the relevant committees and commissions of the chambers of the Federal Assembly of the Russian Federation, plenipotentiary representatives of the diplomatic corps of the Russian Federation in foreign states and other organizations.

    Powers in the field of military and state. security:

    1) President - 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, introduces martial law on the territory of the Russian Federation or in some of its localities with immediate notification to the Chambers of the Federal Assembly of the Russian Federation.

    3) Under the circumstances and in the manner prescribed by the FKZ, it introduces a state of emergency on the territory of the Russian Federation and certain localities (under the control of the Federal Assembly of the Russian Federation).

    10. Other powers of the President:

    1) Resolving the issue of citizenship of the Russian Federation and granting political asylum;

    2) Rewards the state. awards of the Russian Federation, confers honorary titles of the Russian Federation, higher military and special ranks;

    3) Grants pardon;

    4) Issues acts stipulated by the KRF;

    Decrees on the most important and general issues of the activity of the head of state: legal acts (an indefinite circle of persons) and individual legal (a specific group of persons, or one person);

    Orders on other matters. May be individual-legal.

    President of Russian Federation:

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

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

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

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

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

    f) submit to the Federation Council candidates for appointment to the office of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints judges of other federal courts * (15);

    f.1) submit to the Federation Council candidates for appointment to the post of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation; submits to the Federation Council proposals on the dismissal of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation; appoints to office and dismisses from office prosecutors of the constituent entities of the Russian Federation, as well as other prosecutors, except for prosecutors of cities, districts and prosecutors equated to them * (16);

    f.2) appoints and dismisses representatives of the Russian Federation in the Federation Council * (17);

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

    h) approves the military doctrine of the Russian Federation;

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

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

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

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

    Commentary on Article 83 of the Constitution of the Russian Federation

    A. By virtue of his place in the system of separation of powers, the President, as the head of state, determines, in accordance with the Constitution and federal laws, the main directions of domestic and foreign policy of the state (part 3 of article 80), the implementation of which is entrusted to the Government (part 1 of article 114). It is this that determines the powers of the President to form the Government, determine the directions of its activities and control it (clauses "a-" c "," d "of Art. 83, Art. 111 and 112, Part 3 of Art. 115, Art. 117 Of the Constitution), as well as the constitutional responsibility of the President for the work of the Government, hence the role of the President in determining the personal composition of the Government, including in the selection of a candidate and appointment to the post of the Chairman of the Government in agreement with the State Duma.

    According to the Law on the Government of the Russian Federation, the Chairman of the Government is appointed by the President from among the citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, in the manner prescribed by the Constitution.

    The proposal on the candidacy of the Chairman of the Government is submitted to the State Duma no later than two weeks after the newly elected President takes office or after the resignation of the Government, or within a week from the date of rejection of the candidacy by the State Duma. The State Duma considers the candidacy of the Chairman of the Government presented by the President within a week from the date of submission of the proposal for the candidacy (see the commentary to parts 2 and 3 of article 111).

    The need to obtain the consent of the State Duma for the appointment of the candidate for the Prime Minister proposed by the President is due to the fundamental provisions of the Constitution on the unity of the system of state power, as well as on the importance of the coordinated functioning of independently acting legislative and executive bodies. At the same time, defining the conditions and procedure for the appointment of the Prime Minister, the Constitution provides for ways to overcome possible disagreements between the branches of government in order to prevent the formation of a delay and, as a result, blocking the activities of the Government as one of the institutional elements of the constitutional order of the Russian Federation (see commentary to Part 1 Article 11).

    The choice of the candidate for the post of the Chairman of the Government to be presented to the State Duma is the prerogative of the President. The Constitution, without restricting this right, allows the President to determine the specific version of its implementation himself, namely, to submit a proposal for the same candidate twice or three times, or to present a new candidate each time. In turn, the State Duma participates in the appointment of the Prime Minister, giving consent or refusing consent to the appointment of the proposed candidate. At the same time, the Constitution does not imply the possibility of legal restrictions on the named powers of the participants in this process (see Resolution of the Constitutional Court of the Russian Federation of 11.12.1998 N 28-P "On the case of interpreting the provisions of Part 4 of Article 111 of the Constitution of the Russian Federation" * (960)).

    Discussion and approval by the State Duma of candidacies for the post of Chairman of the Government takes place within the timeframe and procedure provided for by the State Duma Rules of Procedure (Art. 144-148). The State Duma's consent to the appointment of the Chairman of the Government shall be deemed to have been received if a majority of the total number of State Duma deputies voted for the proposed candidate. If the State Duma rejects the candidacy for the post of Prime Minister, the President submits a proposal on a new candidacy within a week. In the event that the State Duma rejects the nominated candidates twice, the President shall, within a week from the date of rejection of the second nomination, nominate a candidate for the post of Chairman of the Government for the third time.

    The practice of interaction between the President and the State Duma on the appointment of the Prime Minister is extremely diverse. It includes both the approval of the proposed candidate for the Prime Minister at the first nomination, and the nomination of the same candidate three times, as well as the use of conciliation procedures after the candidate is rejected twice. In the event of a threefold rejection by the State Duma of the candidacies for the Prime Minister nominated by the President - regardless of which of the possible options for presenting candidates was used in this case - the inevitable consequence is the appointment of the Prime Minister by the President, the dissolution of the State Duma and the appointment of new elections (see commentary to para. 4 Art. 111). This constitutional and legal way of resolving the disagreement that arose between the President and the State Duma using the mechanism of free elections corresponds to the foundations of the constitutional system of the Russian Federation as a democratic legal state.

    B. Within the meaning of paragraph "b" of the commented article, the President has the right, at his discretion, to preside over meetings of the Government. This right of the President is associated with his status as the head of state, which determines the main directions of the country's domestic and foreign policy. The right of the President to preside over meetings of the Government is also enshrined in Art. 31 of the Law on the Government of the Russian Federation and in Art. 35 of the Regulation of the Government of the Russian Federation. In addition, according to Art. 31 of the said Law, the President has the right to preside over meetings of the Presidium of the Government. Draft acts of the Government, considered at meetings of the Government under the chairmanship of the President, are sent by the Government Office to the Presidential Administration in the manner established by the President * (961).

    V. According to paragraph "in" of the commented article, the President decides on the resignation of the Government. The Constitution and federal legislation contain a number of grounds for the President to make such a decision.

    The initiators of the resignation of the Government can be:

    1) The President on the basis of Part 2 of Art. 117 of the Constitution. In this case, the President's right to voluntarily decide on the resignation of the Government is not limited by any conditions;

    2) the Government itself in accordance with Part 1 of Art. 117 of the Constitution. In this case, the President has the right to accept or reject the Government's request for resignation;

    3) the State Duma, which, in accordance with Part 2 of Art. 117 of the Constitution may express, in accordance with the established procedure, no confidence in the Government. In this case, the President has the right to announce the resignation of the Government or disagree with the decision of the State Duma. If the State Duma re-expresses no confidence in the Government within three months, the President announces the resignation of the Government or dissolves the State Duma;

    4) The Chairman of the Government may raise the issue of confidence in the Government before the State Duma. And if the State Duma refuses to trust the Government, the President within seven days is obliged either to make a decision on the resignation of the Government, or to dissolve the State Duma and call new elections (part 4 of article 117 of the Constitution).

    In addition, according to Art. 7 of the Law on the Government of the Russian Federation, the President can dismiss the Chairman of the Government (at his request or in case of impossibility to exercise his powers), and this circumstance simultaneously entails the resignation of the Government. The President is obliged to notify the Federation Council and the State Duma of the dismissal of the Chairman of the Government on the day the decision is made. The only case when the President does not have a choice and is obliged to accept the resignation of the Government is the resignation by the Government of its powers before the newly elected President on the basis of Art. 116 of the Constitution and Art. 35 of the Law on the Government of the Russian Federation.

    D. The main function of the Central Bank of the Russian Federation is to protect and ensure the stability of the ruble, which, according to the Constitution, it carries out independently of other government bodies (paragraph 2 of article 75 of the Constitution). However, the independence of the Bank of Russia, like other state institutions, is not absolute: it is limited by a system of checks and balances, one of the elements of which is the participation of various branches of government in the formation of the governing bodies of the Central Bank of the Russian Federation. For example, the National Banking Council, a collegial body of the Bank of Russia, consists of 12 people, two of whom are directed by the Federation Council from among its members, three by the State Duma from among the State Duma deputies, three by the President, and three by the Government. The National Banking Council also includes the Chairman of the Central Bank of the Russian Federation.

    According to paragraph "d" of the commented article, the President presents to the State Duma a candidate for appointment to the post of Chairman of the Central Bank, and also puts before the State Duma the issue of dismissing the Chairman of the Central Bank. This constitutional norm is concretized by the Law on the Central Bank of the Russian Federation. According to Art. 14 of this Law, the Chairman of the Bank of Russia is appointed and dismissed by the State Duma on the proposal of the President. The President shall present to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation no later than three months before the expiration of the powers of the current Chairman. In case of early dismissal of the Chairman of the Central Bank of the Russian Federation, the President shall nominate a candidate for this position within two weeks from the date of the said release.

    The cases when the President has the right to submit to the State Duma submissions to dismiss the Chairman of the Bank of Russia are strictly regulated by the said Law. The Chairman of the Bank of Russia may be dismissed from office only in the following cases: expiration of the term of office; the impossibility of fulfilling official duties, confirmed by the conclusion of the state medical commission; submitting a personal letter of resignation; the commission of a criminal offense established by a court verdict that has entered into legal force; violations of federal laws that regulate issues related to the activities of the Bank of Russia.

    According to the Rules of the State Duma, the candidacy for the post of Chairman of the Central Bank of the Russian Federation and the President's proposal to dismiss the Chairman of the Central Bank of the Russian Federation are preliminarily considered at joint or separate meetings of the State Duma Committee on Budget and Taxes and the State Duma Committee on Credit Organizations and Financial Markets. These committees submit a draft (or drafts) resolution of the State Duma for consideration by the chamber * (962). If the State Duma rejects the candidate proposed for the post of Chairman of the Bank of Russia, the President shall submit a new candidate within two weeks. One and the same candidate may not be submitted more than two times. Dismissal of the Chairman of the Central Bank of the Russian Federation from office should take place in a manner similar to his appointment to office, providing for the receipt of a majority of votes from the total number of State Duma deputies.

    E. According to the Constitution, the President appoints and dismisses the Deputy Prime Ministers and Federal Ministers. These appointments are made by the head of state at the suggestion of the Prime Minister.

    This norm is concretized by the Law on the Government of the Russian Federation (Art. 9). The consent of the Chambers of the Federal Assembly for the appointment and dismissal of the Deputy Prime Minister and federal ministers is not required.

    Personnel prerogatives of the President to appoint and remove from office all members of the Government are one of the important tools in the hands of the head of state, allowing him to exercise general management of the activities of the Government and the executive branch as a whole. At the same time, this means that members of the Government have a certain degree of independence in relation to their leader - the Prime Minister.

    The power of the President, upon the proposal of the Prime Minister, to appoint deputy Prime Ministers and federal ministers is closely related to the establishment by the head of state of the structure of federal executive bodies. From the systemic interpretation of the provisions of the Constitution, it follows that the structure of federal executive bodies, which the Chairman of the Government in the established Part 1 of Art. 112 of the Constitution offers the President a week, includes a list of these bodies as a basis for submitting candidates for the relevant positions in the Government (see part 2 of article 112) (Resolution of the Constitutional Court of the Russian Federation of January 27, 1999 N 2-P * (963)). The structure of federal executive bodies is predetermined by the tasks and powers of the Government to exercise executive power, enshrined in Art. 114 of the Constitution and specified in the Law on the Government of the Russian Federation. For the implementation of these powers, other federal bodies are also created, which, together with the Government, form the structure of federal executive bodies.

    It should be noted that the personnel powers of the head of state in relation to the federal executive bodies are not limited to the appointments listed in paragraph "e" of the commented article. Since the President, in accordance with the Constitution, federal constitutional laws, federal laws, directly supervises the activities of federal executive bodies in charge of defense, security, internal affairs, justice, foreign affairs, prevention of emergency situations and elimination of the consequences of natural disasters, the head of state appoints on the proposal of the Chairman Governments are not only leaders, but also deputy heads of these bodies (see Art. 32 of the Law on the Government of the Russian Federation).

    In accordance with Art. 68 of the Regulation of the Government, drafts of acts of the Government on personnel issues of federal executive bodies, whose activities are directed by the President, are subject to approval in the manner established by the President * (964). In addition, the President, using his constitutional right to appoint federal ministers, assigns this rank to officials who do not head federal ministries, governing state executive bodies other than ministries, and includes them in the Government (the so-called "ministers without portfolio ").

    E. In accordance with paragraph "e" of the commented article, the President submits to the Federation Council candidates for appointment to the posts of judges of the highest judicial bodies, as well as the candidacy of the Prosecutor General; submits to the Federation Council a proposal to dismiss the Prosecutor General from office; appoints judges of other federal courts. The Federation Council in accordance with clauses "g" and "h" part 1 of Art. 102 of the Constitution appoints judges of the Constitutional Court of the Russian Federation, the Armed Forces of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, and also appoints and dismisses the Prosecutor General. The procedure for appointing these officials, including the procedures for interaction between the President and the legislative and judicial authorities in the process of selecting and submitting candidates, is specified by the norms of federal legislation, as well as by the Rules of Procedure of the Federation Council.

    So, in accordance with Art. 9 of the Law on the Constitutional Court of the Russian Federation, proposals on candidates for the posts of judges of the Constitutional Court may be submitted to the President by members of the Federation Council and deputies of the State Duma, as well as legislative bodies of the constituent entities of the Federation, higher judicial bodies and federal legal departments, all-Russian legal communities, legal scientific and educational institutions. The Federation Council shall consider the issue of appointing a judge of the Constitutional Court no later than 14 days from the date of receipt of the President's submission. If necessary, the Chairman of the Federation Council shall convene an extraordinary session of the chamber to consider this issue.

    Each judge of the Constitutional Court is appointed individually by secret ballot. A person who has received a majority of the total number of members of the Federation Council during the voting shall be deemed to be appointed to the office of a judge of the Constitutional Court. In the event a judge leaves the Constitutional Court, a proposal to appoint another person to a vacant judge shall be submitted by the President to the Federation Council no later than one month from the date of the vacancy.

    According to Art. 6.1 of the Law on the status of judges, the President of the Supreme Court, the President of the Supreme Arbitration Court * (965) are appointed to office by the Federation Council for a period of six years upon the proposal of the President in the presence of a positive conclusion of the High Qualification Collegium of Judges. The Supreme Qualification Collegium of Judges of the Russian Federation submits to the President the said opinion no later than two months before the expiration of the term of office of the Chairman of the Supreme Court, the Chairman of the Supreme Arbitration Court, and in the event of early termination of the powers of these persons - no later than three months from the date of the opening of the vacancy.

    The Deputy Chairperson of the Supreme Court, Deputy Chairperson of the Supreme Arbitration Court are appointed by the Federation Council for a period of six years on the proposal of the President, based on the proposal, respectively, of the Chairperson of the Supreme Court, the Chairperson of the Supreme Arbitration Court, in the presence of a positive conclusion of the Supreme Qualification Collegium of Judges of the Russian Federation.

    The President of the Supreme Court, the President of the Supreme Arbitration Court shall submit the said submissions to the President no later than two months before the expiration of the term of office of the named officials, and in the event of early termination of the powers of these officials, no later than three months from the date of the vacancy.

    The President submits to the Federation Council a proposal on the appointment of the Chairperson of the Supreme Court or Deputy Chairperson of the Supreme Court, Chairperson of the Supreme Arbitration Court or Deputy Chairperson of the Supreme Arbitration Court no later than 14 days before the expiration of their term of office, and in case of early termination of the powers of these persons - no later than than six months from the date of the opening of the vacancy. The Federation Council shall consider the issue of appointing these officials to office within a period not exceeding 14 days after receiving the President's submission.

    As for the chairpersons, deputy chairpersons and judges of all other courts, they are appointed by the President independently on the basis of submissions from the Chairperson of the Supreme Court, the Chairperson of the Supreme Arbitration Court, as well as in the presence of a positive opinion of the relevant qualification collegium of judges (see Article 6 of the Law on the Status of Judges) ... Under the President, there is a Commission for preliminary consideration of candidates for the positions of judges of federal courts * (966).

    In accordance with Part 1 of Art. 121 of the Constitution, federal court judges are irreplaceable. The procedure and grounds for the termination or suspension of the powers of a judge are established exclusively by federal law (see the commentary to part 2 of article 121).

    The procedure for the appointment and dismissal of the Prosecutor General is different from the procedure for the appointment of judges of the higher courts. It is governed by the provisions of Art. 12 of the Law on the Prosecutor's Office and the Rules of Procedure of the Federation Council (Chapter 25). In accordance with paragraph "e" of the commented article, the Prosecutor General is appointed and dismissed by the Federation Council on the proposal of the President (see also the commentary to article 129).

    The Federation Council shall consider the issue of appointing the Prosecutor General within 30 days from the day following the receipt of the President's submission. If the candidate for the position of Prosecutor General proposed by the President does not receive the required number of votes of the members of the Federation Council, then the President shall submit a new candidate to the Federation Council within 30 days. If the Federation Council rejects the candidacy presented by the President for appointment to the post of Prosecutor General, or the President's proposal to dismiss the Prosecutor General, the Federation Council adopts a resolution proposing the President to hold consultations in order to overcome the differences that have arisen.

    In practice, disagreements arose between the Federation Council and the President over the issuance by the head of state of a decree on the temporary removal of the Prosecutor General from office in connection with the initiation of a criminal case against him. The Constitutional Court, having considered the dispute over competence between the Federation Council and the President (see Resolution of the Constitutional Court of the Russian Federation of 12/01/1999 N 17-P * (967)), established that the constitutional and legal status of the Federation Council and its competence, enshrined in the Constitution, and also, the constitutional principles of organizing the prosecutor's office of the Russian Federation and criminal proceedings exclude the Federation Council's powers to temporarily remove the Prosecutor General from office in this case. The act on the temporary removal of the Prosecutor General from office, the need for which is due to the initiation of a criminal case against him, is not only entitled, but also obliged to be issued by the President, who, as the head of state, is responsible for the coordinated functioning of public authorities (parts 1 and 2 of article 80 , part 1 of Article 85 of the Constitution) and by virtue of its constitutional status is obliged to issue legal acts ensuring the implementation of the Constitution and laws (Article 90 of the Constitution) in all cases when there are no other mechanisms intended for this.

    Based on the need for interaction between the President and the Federation Council in connection with the appointment and dismissal of the Prosecutor General, the Federation Council must be immediately informed of such a decision. If the relevant grounds no longer exist, the act, which formalized the decision on the temporary removal of the Prosecutor General from office, becomes invalid.

    G. According to this clause, the President forms and heads the Security Council, the status of which is determined by federal law. Such a law is the RF Law of 05.03.1992 N 2446-1 "On Security" (as amended on 26.06.2008). In more detail, the issues of the organization and functioning of the Security Council are regulated by the Regulations on the Security Council of the Russian Federation, approved by the Decree of the President of the Russian Federation of 07.06.2004 N 726 (as amended on 25.07.2006). The Security Council is a constitutional body that prepares decisions of the President in the field of security. The Security Council considers issues of domestic and foreign policy of the Russian Federation in the field of security, strategic problems of state, economic, public, defense, information, environmental and other types of security, public health protection, forecasting, preventing emergencies and overcoming their consequences, ensuring stability and law and order. The Security Council is responsible for the state of protection of the vital interests of the individual, society and the state from external and internal threats.

    The Security Council is formed and chaired by the President in accordance with the Constitution. The Security Council consists of: the President (who is the President ex officio), the Secretary of the Security Council, permanent members of the Security Council and members of the Security Council who are included in the Council and expelled from it on the proposal of the Secretary of the Council by the President. The Secretary is one of the permanent members of the Security Council.

    Meetings of the Security Council are held on a regular basis in accordance with plans approved by the President on the proposal of the Secretary of the Security Council. The presence of permanent members and members of the Security Council at meetings of the Council is mandatory. Other persons may be involved in the meetings depending on the content of the questions. Decisions of the Security Council are adopted at meetings by a simple majority of votes of their total number and come into force after approval by the President of the Security Council. The decisions of the Security Council acquire the character of a normative legal act only after they are formalized by decrees of the President.

    The Security Council, in accordance with the main tasks of its activities, forms permanent interdepartmental commissions, which can be created on a functional or regional basis. If it is necessary to develop proposals for the prevention of emergencies and the elimination of their consequences, the protection of the constitutional order, sovereignty and territorial integrity of the Russian Federation, the Security Council may create temporary interdepartmental commissions. Permanent and temporary commissions are the main working bodies of the Security Council.

    Z. The military doctrine of the Russian Federation is a set of official views (guidelines) that determine the military-political, military-strategic and military-economic foundations of ensuring military security.

    The military doctrine of the state changes depending on the domestic and foreign policy of the state. The current Military Doctrine, approved by Decree of the President of the Russian Federation of April 21, 2000 N 706, is caused by the need to reflect new realities - the formation of democratic statehood, a multi-structured economy, military reform, profound changes in the system of international relations. The provisions of the Military Doctrine are based on a comprehensive assessment of the state of the military-political situation and a strategic forecast of its development, on a scientifically grounded determination of current and future tasks, objective needs and real possibilities of ensuring the military security of the Russian Federation, as well as on a systematic analysis of the content and nature of modern wars and armed conflicts. , domestic and foreign experience of military construction and military art.

    It is important to emphasize that the modern Military Doctrine is of a defensive nature, which is predetermined by the combination in its provisions of a consistent commitment to peace with a firm determination to defend national interests and guarantee the military security of the Russian Federation and its allies.

    With a change in the military-political situation, the provisions of the Doctrine can be specified and supplemented. Its content can also be influenced by the development of economic potential and the improvement of the military organization. These changes are specified in the annual messages of the President, in directives and other documents on the issues of ensuring the military security of the Russian Federation.

    The Military Doctrine formulates the military-political foundations and factors of the military-political situation, as well as conditions that have a destabilizing effect on the military-political situation. Currently, serious attention is paid to such factors as: strengthening of national, ethical and religious extremism; intensification of separatism; activities of extremist, terrorist organizations and structures, etc.

    The doctrine defines a list of the main threats to military security - both external and internal. It reveals the main directions of ensuring military security, proceeding from the need to use for this the entire totality of forces, means and resources at the disposal of the state. Given the nature of modern conditions, the Military Doctrine clearly defines the status of nuclear weapons. The Russian Federation proceeds from the need to have a nuclear potential capable of guaranteed infliction of the specified damage to any aggressor in any conditions. The Military Doctrine defines nuclear weapons as a deterrent to aggression, but the Russian Federation reserves the right to use nuclear weapons in response to the use of nuclear and other types of weapons of mass destruction against it and (or) its allies, as well as in response to large-scale aggression with the use of conventional weapons in situations critical to the national security of the Russian Federation.

    In addition, the Military Doctrine enshrines: the basic principles of ensuring military security; the content of military security; the military organization of the state, its goals, principles, development priorities; the system of leadership of the military organization; military-strategic foundations; the fundamentals of the use of the Armed Forces of the Russian Federation and other troops both in international wars and in internal armed conflicts. The Doctrine formulates the main tasks of the Armed Forces of the Russian Federation and other troops, as well as the possibility of their involvement in rendering assistance to state bodies, local self-government bodies and the population in eliminating the consequences of accidents, catastrophes and natural disasters.

    The military doctrine also consolidates the military-economic foundations of ensuring military security: goals, main tasks, principles and main directions of mobilization preparation of the economy.

    An interesting question is about the legal nature of the Military Doctrine, its main provisions. As noted above when defining the concept of Military Doctrine, it is a system of views officially adopted in the state on military issues. However, the Constitutional Court of the Russian Federation in its decision on the so-called "Chechen case" (Resolution of July 31, 1995 N 10-P * (968)) indicated that the provisions of the Military Doctrine of the Russian Federation do not contain regulatory prescriptions, which is a mandatory sign of a legal norm. Consequently, the Military Doctrine is not one of the acts that can be verified by the Constitutional Court.

    I. The Presidential Administration is a state body that ensures the activities of the President and exercises control over the implementation of the President's decisions. The head of state independently forms his Administration, determines its structure, functions and powers, appoints officials and exercises general management of the activities of the Presidential Administration. The legal basis for the activities of the Presidential Administration is the Constitution, federal laws, decrees and orders of the President, as well as the Regulations on the Presidential Administration * (969). In accordance with the Presidential Decrees, the Presidential Administration includes: the Chief of Staff of the Presidential Administration, his deputies - Presidential aides, the Presidential Press Secretary, the Head of the Presidential Protocol, Presidential Plenipotentiaries, other officials, as well as the Presidential Administration and other independent divisions of the Presidential Administration.

    In order to ensure the activities of the President, the Administration of the Head of State is endowed with the necessary powers to carry out the following functions: organizing the preparation of draft laws for their submission by the President to the State Duma by way of legislative initiative; preparation of proposals for the President to sign federal laws or to reject them; preparation, approval and submission to the President of draft decrees, orders, instructions and addresses of the President, as well as analytical reports, certificates and other documents necessary for the President; ensuring the activities of the Security Council, the State Council of the Russian Federation and other advisory and advisory bodies under the President; control over the implementation of federal laws (in part concerning the powers of the President, including the provision of human and civil rights and freedoms), decrees, and other decisions of the President; preparation of drafts of the President's appeals to the Constitutional Court; ensuring interaction between the President and political parties, public and religious associations, trade unions, organizations of entrepreneurs and chambers of commerce and industry; ensuring the President's interaction with state bodies of foreign states and their officials, with Russian and foreign political and public figures, with international and foreign organizations; assistance to the President in the implementation of his powers on personnel issues; ensuring that the President exercises his powers to resolve issues of citizenship of the Russian Federation; registration and analysis of citizens' appeals, proposals of public associations and local self-government bodies, submission of relevant reports to the President, etc.

    When implementing the functions assigned to it, the Presidential Administration interacts with the state authorities of the Russian Federation, as well as with state bodies of foreign states, with Russian, international and foreign organizations. The structure and functions of the Presidential Administration are constantly being improved in order to provide the most complete and effective support for the diverse activities of the head of state.

    K. In accordance with the commented paragraph, the President appoints and dismisses his authorized representatives.

    The institute of plenipotentiary representatives of the President assists the head of state in realizing his goals and objectives to ensure the coordinated functioning and interaction of all government bodies on the basis of a single foreign and domestic policy determined by the head of state. At present, in addition to other officials, the Presidential Administration includes plenipotentiary representatives of the President in federal districts, plenipotentiaries of the President in the Federation Council, the State Duma, and the Constitutional Court.

    The plenipotentiary representative of the President in the Constitutional Court promotes the implementation of the President's activities as the guarantor of the Constitution, human and civil rights and freedoms and represents the interests of the President in the Constitutional Court * (970). The Plenipotentiary Representative of the President to the Constitutional Court is appointed and dismissed by the President on the proposal of the Chief of Staff.

    In accordance with the approved Regulations, the plenipotentiary representative of the President in the Constitutional Court on behalf of the President: represents the President's side in constitutional proceedings in all cases stipulated by the Law on the Constitutional Court of the Russian Federation; participates in sessions of the Constitutional Court in other cases on the basis of an invitation or consent of the Constitutional Court; coordinates the activities of persons appointed by representatives of the President to participate in the consideration of specific cases by the Constitutional Court; makes, if necessary, to the President proposals on measures to ensure the execution of decisions of the Constitutional Court, including the need to amend the legislation; performs other functions.

    The positions of plenipotentiary representatives in the chambers of the Federal Assembly were introduced by the Decree of the President of the Russian Federation of 10.02.1996 N 169 "On the plenipotentiaries of the President of the Russian Federation in the chambers of the Federal Assembly of the Russian Federation" (as revised on 28.06.2005). In accordance with the Regulations on Plenipotentiary Representatives of the President of the Russian Federation in the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation, approved by Decree of the President of the Russian Federation of June 22, 2004 N 792, these officials represent the interests of the President and contribute to the implementation of his constitutional powers, respectively in Federation Council and State Duma.

    Plenipotentiary representatives of the President participate in meetings of the Federation Council and the State Duma, respectively, represent the position of the head of state on bills considered by the respective chambers of the Federal Assembly, submit to the chambers candidates for officials appointed by the Federation Council or the State Duma on the proposal of the President, assist the President in the implementation of other functions related to the participation of the head of state in the legislative process and coordinated interaction with the Federation Council and the State Duma. The functions and powers of the plenipotentiary representatives of the President in the chambers of the Federal Assembly are also specified by the Decree of the President of the Russian Federation of 13.04.1996 N 549 "On approval of the Regulations on the procedure for interaction of the President of the Russian Federation with the chambers of the Federal Assembly of the Russian Federation in the legislative process" (as amended on 15.07.2008) ...

    The institution of plenipotentiary representatives of the President in the constituent entities of the Federation plays an important role in the implementation of a unified federal policy of the state, in ensuring the coordinated functioning and interaction of federal bodies of state power and bodies of state power of the constituent entities of the Federation. Since the adoption of the Constitution, this institution has been repeatedly changed and improved. So, during 1993-1997. there were plenipotentiaries of the President in the constituent entities of the Federation, from March 1997 to May 2000 - plenipotentiaries of the President in the regions of the Russian Federation, and since 2000 they were replaced by the institution of plenipotentiaries of the President in federal districts.

    Decree of the President of the Russian Federation of 05/13/2000 N 849 (as revised on 04/11/2008) approved the Regulations on the Plenipotentiary Representative of the President in the Federal District and the List of Federal Districts, the institute of the Plenipotentiary Representatives of the President in the regions was transformed into the institute of the Plenipotentiary Representatives of the President in the Federal Districts. According to the Regulations, the plenipotentiary representative of the President in the federal district is an official who represents the President and ensures the implementation of the constitutional powers of the head of state within the respective federal district. The Plenipotentiary Representative of the President in the Federal District is appointed and dismissed by the President on the proposal of the Chief of Staff of the Presidential Executive Office for a term determined by the President, but not exceeding the term of the President's exercise of his powers. This official is directly subordinate to the President and is accountable to him.

    The plenipotentiary representative of the President in the federal district is endowed with broad powers, including: coordination of the activities of federal executive bodies in the corresponding federal district; the organization of interaction between federal executive bodies with state power bodies of the constituent entities of the Federation, local self-government bodies, political parties, other public and religious associations; coordination of candidates for appointment to positions of federal civil servants and candidates for appointment to other positions within the federal district, if the appointment to these positions is carried out by the President, the Government or federal executive bodies; organization of control over the implementation of federal laws, decrees and orders of the President, decisions and orders of the Government, as well as over the implementation of federal programs in the federal district; making proposals to the President to suspend the acts of executive bodies of the constituent entities of the Federation located within the federal district, in the event of a conflict of these acts with the Constitution, federal laws, international obligations of the Russian Federation or violation of human and civil rights and freedoms, etc.

    Plenipotentiary representatives of the President operate in seven federal districts: Central (center - Moscow), North-West (St. Petersburg), South (Rostov-on-Don), Volga (Nizhny Novgorod), Ural (Yekaterinburg), Siberian (Novosibirsk) ), Far East (Khabarovsk). The President also has the right to introduce the positions of his special representatives for the implementation of special tasks related to the implementation of the constitutional powers of the head of state. In particular, we are talking about special representatives of the President to ensure human and civil rights and freedoms in the Chechen Republic, on the settlement of the Ossetian-Ingush conflict, etc.

    L. The President is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation (see the commentary to Part 1 of Art. 87) and on the basis of clause "l" of the commented article appoints and dismisses the high command of the Armed Forces of the country.

    In accordance with the Federal Law of 31.05.1996 N 61-FZ "On Defense" (as amended on 14.07.2008), the President approves a single list of military posts to be filled by senior officers in the Armed Forces, other troops, military formations and bodies, and the total number of military positions to be filled by colonels (captains of the 1st rank) in the Armed Forces, other troops, military formations and bodies, assigns the highest military ranks, appoints military personnel to military positions for which the state provides for the military ranks of senior officers, relieves them from military posts and dismisses from military service in the manner prescribed by federal law (clause 10, part 2 of article 4).

    According to the Law on Military Obligation, the President implements by his decree the appointment to military posts and the dismissal from military posts of military personnel for whom the state provides for the military ranks of senior officers (part 1 of article 43). The assignment to servicemen of the military ranks of senior officers (major general, lieutenant general, colonel general, army general, rear admiral, vice admiral, admiral, admiral of the fleet, Marshal of the Russian Federation) is also carried out by the President (part 1 of article 47).

    M. According to this clause, the President appoints and recalls, after consultation with the relevant committees or commissions of the chambers of the Federal Assembly, diplomatic representatives of the Russian Federation in foreign states and international organizations. This prerogative of the President is one of the tools of the head of state that allows him to exercise his constitutional powers related to the determination of the main directions of Russia's foreign policy (part 3 of article 80 of the Constitution), the implementation of the leadership of the foreign policy of the Russian Federation (paragraph "a" of article 86), ensuring the coordinated functioning and interaction of public authorities (part 2 of article 80).

    Diplomatic representatives are understood as heads of Russian diplomatic missions in foreign countries, heads of Russian missions to international (interstate, intergovernmental) organizations, heads of Russian government delegations at international conferences. The diplomatic rank of the appointed representative is determined, according to the Vienna Convention on Diplomatic Relations of 1961, by agreements between Russia and foreign states.

    The highest official representative of the Russian Federation is the Ambassador Extraordinary and Plenipotentiary of the Russian Federation to a foreign state * (971). According to the Regulations on the Ministry of Foreign Affairs of Russia, approved by Decree of the President of the Russian Federation of 11.07.2004 N 865 "Questions of the Ministry of Foreign Affairs of the Russian Federation" (as amended on 06.09.2008), proposals on the appointment and recall of ambassadors to foreign states and representatives of the Russian Federation at international (interstate , intergovernmental) organizations, on the appointment and dismissal of the heads of state and government delegations of the Russian Federation, the Minister of Foreign Affairs submits to the President (part 10, clause 10 of the Regulation). The appointment or removal of a diplomatic representative is preceded by consultations with the committees and commissions of the chambers of the Federal Assembly, which consider the proposals of the President independently of each other. At the same time, based on the results of the discussion, the relevant committee issues a reasoned conclusion. The conclusions of the committees do not require their approval by the chambers of the Federal Assembly and are formally sent directly to the President. The appointment or recall of a diplomatic representative is carried out by decree of the President.

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