Who is appointed by the President of the Russian Federation. The rights and duties of the President of the Russian Federation according to the Constitution briefly

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Who is appointed by the President of the Russian Federation. The rights and duties of the President of the Russian Federation according to the Constitution briefly

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 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, the Supreme Court of the Russian Federation; appoints judges of other federal courts*(15);

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 *(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 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.

Commentary on Article 83 of the Constitution of the Russian Federation

A. Due to his place in the system of separation of powers, the President, as head of state, determines, in accordance with the Constitution and federal laws, the main directions of domestic and foreign policy state (Part 3, Article 80), the implementation of which is entrusted to the Government (Part 1, Article 114). This is precisely what determines the powers of the President to form the Government, determine the directions of its activities and control it (clauses “a-“c”, “e” of Article 83, Articles 111 and 112, Part 3 of Article 115, Article 117 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 the selection of candidates and appointment to the post of 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 citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state, in the manner established by the Constitution.

A proposal for a candidacy for 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 day the State Duma rejects the candidacy. The State Duma considers the candidacy of the Chairman of the Government submitted by the President within a week from the date of submission of the proposal for the candidacy (see commentary to Parts 2 and 3 of Article 111).

The need to obtain the consent of the State Duma to appoint a candidate for the Chairman of the Government 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 the importance of the coordinated functioning of independently operating bodies of legislative and executive power. At the same time, by defining the conditions and procedure for the appointment of the Chairman of the Government, the Constitution provides for ways to overcome possible disagreements between the branches of government in order to prevent delays in the formation and, as a result, blocking the activities of the Government as one of the institutional elements of the constitutional system of the Russian Federation (see commentary to Part 1 Art. 11).

The choice of the candidate for the Chairman of the Government presented to the State Duma is the prerogative of the President. The Constitution, without limiting this right, allows the President to determine the specific option for its implementation, namely, to propose 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 Chairman of the Government, giving consent or refusing consent to the appointment of the proposed candidate. However, the Constitution does not provide for the possibility legal restrictions the named powers of the participants in this process (see Resolution of the Constitutional Court of the Russian Federation of December 11, 1998 N 28-P “On the case of the interpretation of the provisions of Part 4 of Article 111 of the Constitution of the Russian Federation” * (960)).

Discussion and approval by the State Duma of candidates for the position of Chairman of the Government takes place within the time frame and in the manner prescribed by the Rules of Procedure of the State Duma (Articles 144-148). The State Duma's consent to the appointment of the Chairman of the Government is considered received if a majority of the total number of deputies of the State Duma votes for the proposed candidacy. If the State Duma rejects a candidacy for the post of Chairman of the Government, the President will submit a proposal for a new candidacy within a week. In the event that the State Duma rejects the submitted candidates twice, the President, within a week from the date of rejection of the second candidate, submits a third nomination for the post of Chairman of the Government.

The practice of interaction between the President and the State Duma on the issue of appointing the Chairman of the Government is extremely diverse. It includes both the approval of the proposed candidacy for the Chairman of the Government at the first presentation, and the presentation of the same candidate three times, as well as the use of conciliation procedures after the candidate has been rejected twice. In the event of a three-time rejection by the State Duma of candidates for the Chairman of the Government presented by the President - regardless of which of the possible options the presentation of candidates was used in this case - the obligatory consequence is the appointment by the President of the Chairman of the Government, the dissolution of the State Duma and the calling of new elections (see commentary to Part 4 of Article 111). This constitutional and legal method 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 state governed by the rule of law.

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

B. According to paragraph “c” of the commented article, the President makes a decision 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 may be:

1) The President on the basis of Part 2 of Art. 117 of the Constitution. In this case, the right of the President, of his own free will, to 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 no confidence in the Government in accordance with the established procedure. 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 repeatedly 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 question 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 to either make a decision on the resignation of the Government, or 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 may dismiss the Chairman of the Government (at his request or in the event of impossibility of fulfilling 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 the opportunity to choose and is obliged to accept the resignation of the Government is when the Government resigns its powers to 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 (clause 2 of Article 75 of the Constitution). However, the independence of the Bank of Russia, like others 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 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, 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 candidacy for appointment to the position of Chairman of the Central Bank, and also raises before the State Duma the question of dismissal of the Chairman of the Central Bank. This constitutional norm is specified 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 upon the proposal of the President. The President submits 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 the event of early dismissal from the post of Chairman of the Central Bank of the Russian Federation, the President nominates a candidate for this position within two weeks from the date of said dismissal.

Cases when the President has the right to submit proposals to the State Duma regarding the dismissal of the Chairman of the Bank of Russia from office are strictly regulated by this Law. The Chairman of the Bank of Russia may be dismissed from office only in the following cases: expiration of the term of office; impossibility of performing official duties, confirmed by the conclusion of the state medical commission; submitting a personal resignation letter; committing 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, a candidacy for the post of Chairman of the Central Bank of the Russian Federation and the President’s proposal for dismissal of the Chairman of the Central Bank of the Russian Federation are preliminary considered at joint or separate meetings of the State Duma Committee on Budget and Taxes and the State Duma Committee on Credit Institutions and Financial Markets. These committees submit a draft (or drafts) of State Duma resolutions 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. The same candidacy cannot be submitted more than twice. The dismissal of the Chairman of the Central Bank of the Russian Federation from office should occur in a manner similar to his appointment to the position, providing for the receipt of a majority of votes from the total number of State Duma deputies.

D. According to the Constitution, the President appoints and dismisses Deputy Prime Ministers and federal ministers. The head of state makes these appointments at the proposal of the Chairman of the Government.

This norm is specified by the Law on the Government of the Russian Federation (Article 9). The consent of the chambers of the Federal Assembly for the appointment and dismissal of Deputy Prime Ministers and federal ministers is not required.

The personnel prerogatives of the President to appoint and remove from office all members of the Government are one of 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 independence in relation to their leader - the Chairman of the Government.

The power of the President, at the proposal of the Chairman of the Government, to appoint Deputy Prime Ministers and federal ministers to the position of Deputy Chairman of the Government and federal ministers is closely related to the establishment by the head of state of the structure of federal executive bodies. From the systematic interpretation of the provisions of the Constitution it follows that the structure of the federal executive bodies, which the Chairman of the Government, in accordance with Part 1 of Art. 112 of the Constitution offers a one-week period to the President, includes a list of these bodies as the basis for presenting candidates for 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 authorities 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. To implement 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 authorities 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 manages the activities of federal executive bodies in charge of issues of defense, security, internal affairs, justice, foreign affairs, prevention emergency situations and liquidation of consequences natural Disasters, the head of state appoints, on the recommendation of the Chairman of the Government, not only heads, but also deputy heads of these bodies (see Article 32 of the Law on the Government of the Russian Federation).

In accordance with Art. 68 of the Government Regulations, draft acts of the Government on personnel issues of federal executive bodies, whose activities are led 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 and who are in charge of other than ministries. government agencies executive power, and includes them in the Government (the so-called “ministers without portfolio”).

E. According to paragraph "e" of the commented article, the President submits to the Federation Council candidates for appointment to the positions 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. Federation Council in accordance with paragraphs “g” and “h” of Part 1 of Art. 102 of the Constitution appoints judges of the Constitutional Court of the Russian Federation, the Supreme Court 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 of the President with legislative and judicial authorities in the process of selecting and presenting candidates, is specified by the norms of federal legislation, as well as 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 for candidates for the positions 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 considers the issue of appointing a judge of the Constitutional Court no later than 14 days from the date of receipt of the President’s proposal. If necessary, the Chairman of the Federation Council convenes an extraordinary meeting of the chamber to consider this issue.

Each judge of the Constitutional Court is appointed individually by secret ballot. A person who receives a majority vote of the total number of members of the Federation Council is considered to be appointed to the position of judge of the Constitutional Court. If a judge leaves the Constitutional Court, a proposal to appoint another person to a vacant position as a judge is submitted by the President to the Federation Council no later than one month from the date the vacancy opens.

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

The Deputy Chairman of the Supreme Court, the Deputy Chairman of the Supreme Arbitration Court are appointed to the position by the Federation Council for a period of six years upon the proposal of the President, based on the proposal of the Chairman of the Supreme Court, the Chairman of the Supreme Arbitration Court, respectively, in the presence of a positive opinion of the Higher Qualification Board of Judges of the Russian Federation.

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

The President submits to the Federation Council a proposal for the appointment of the Chairman of the Supreme Court or the Deputy Chairman of the Supreme Court, the Chairman of the Supreme Arbitration Court or the Deputy Chairman 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 powers of these persons - no later than than six months from the date of opening of the vacancy. The Federation Council considers the issue of appointing these officials to positions within a period not exceeding 14 days after receiving the President’s proposal.

As for the chairmen, deputy chairmen and judges of all other courts, they are appointed by the President independently on the basis of proposals from the Chairperson of the Supreme Court, the Chairperson of the Supreme Arbitration Court, as well as in the presence of a positive conclusion from the relevant qualification board of judges (see Article 6 of the Law on the Status of Judges) . There is a Commission under the President for the preliminary review of candidates for the positions of judges of federal courts * (966).

In accordance with Part 1 of Art. 121 of the Constitution, judges of federal courts are irremovable. The procedure and grounds for termination or suspension of the powers of a judge are established exclusively by federal law (see 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 higher courts. It is regulated by the provisions of Art. 12 of the Law on the Prosecutor's Office and the Regulations of the Federation Council (Chapter 25). In accordance with paragraph "e" of the commented article Prosecutor General appointed to a position and dismissed from office by the Federation Council on the proposal of the President (see also commentary to Article 129).

The Federation Council considers the issue of appointment to the position of Prosecutor General within 30 days from the day following the day of receipt of the President's proposal. If the candidate proposed by the President for the position of Prosecutor General does not receive the required number of votes from 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 a candidate nominated by the President for appointment to the position of Prosecutor General, or the President’s proposal to dismiss the Prosecutor General from the post, the Federation Council adopts a resolution in which it invites the President to hold consultations in order to overcome the disagreements that have arisen.

In practice, disagreements arose between the Federation Council and the President regarding 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 about the competence between the Federation Council and the President (see Resolution of the Constitutional Court of the Russian Federation of December 1, 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 from having the power to temporarily remove the Prosecutor General from office in this case. An act on the temporary removal of the Prosecutor General from office, the necessity of which is due to the initiation of a criminal case against him, not only has the right, but is also obliged to issue 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 corresponding basis disappears, the act that formalized the decision on the temporary removal of the Prosecutor General from office loses force.

G. According to this paragraph, the President forms and heads the Security Council, the status of which is determined by federal law. Such a law is the Law of the Russian Federation of 03/05/1992 N 2446-1 “On Security” (as amended on 06/26/2008). The organization and functioning of the Security Council are regulated in more detail by the Regulations on the Security Council of the Russian Federation, approved by Decree of the President of the Russian Federation dated 06/07/2004 N 726 (as amended on 07/25/2006). 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, protecting public health, forecasting, preventing emergency situations 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 state from external and internal threats.

The Security Council, in accordance with the Constitution, is formed and headed by the President. The Security Council includes: the Chairman (who is ex-officio the President), the Secretary of the Security Council, permanent members of the Security Council and members of the Security Council included in the Council and excluded from it on the proposal of the Secretary of the Council by the President. The Secretary is a permanent member of the Security Council.

Meetings of the Security Council are held on a regular basis in accordance with plans approved by the Chairman on the proposal of the Secretary of the Security Council. The presence of permanent members and members of the Security Council at Council meetings is mandatory. Depending on the content of the issues, other persons may be invited to participate in the meetings. Decisions of the Security Council are adopted at meetings by a simple majority of votes from their total number and come into force after approval by the Chairman of the Security Council. Decisions of the Security Council acquire the character of a normative legal act only after they are formalized by presidential decrees.

In accordance with the main tasks of its activities, the Security Council forms permanent interdepartmental commissions, which can be created on a functional or regional basis. If it is necessary to develop proposals for preventing emergency situations and eliminating their consequences, protecting 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.

H. The military doctrine of the Russian Federation is a set of official views (attitudes) that define the military-political, military-strategic and military-economic foundations for ensuring military security.

The military doctrine of a state changes depending on the domestic and foreign policies 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 a democratic statehood, a multi-structured economy, military reform, profound changes in the system 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 based determination of current and future tasks, objective needs and real possibilities for ensuring the military security of the Russian Federation, as well as system analysis content and character modern wars and armed conflicts, domestic and foreign experience military construction and military art.

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

With changes in the military-political situation, the provisions of the Doctrine may be clarified and supplemented. Its content may also be influenced by the development of economic potential and the improvement of military organization. These changes are specified in the annual messages of the President, in directives and other documents on 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, based on the need to use for this the entire totality of forces, means and resources at the disposal of the state. Given the character modern conditions, the Military Doctrine clearly defines the status nuclear weapons. The Russian Federation proceeds from the need to have a nuclear potential capable of guaranteeing the infliction of specified damage on any aggressor under 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; content of military security; military organization of the state, its goals, principles, development priorities; military organization leadership system; military-strategic foundations; fundamentals of the use of the Armed Forces of the Russian Federation and other troops as 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 providing assistance to government agencies, authorities local government and the population during liquidation of the consequences of accidents, disasters and natural disasters.

The military doctrine also establishes 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 and its main provisions. As noted above when defining the concept of Military Doctrine, it is a system of views on military issues officially adopted in the state. However, the Constitutional Court of the Russian Federation in its decision on the so-called “Chechen case” (Resolution dated July 31, 1995 N 10-P * (968)) indicated that the provisions of the Military Doctrine of the Russian Federation do not contain normative instructions, which is a mandatory feature of a legal norm. Consequently, the Military Doctrine is not among the acts that can be reviewed 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 Decrees of the President, the Presidential Administration includes: the Head of the Presidential Administration, his deputies - assistants to the President, the Presidential Press Secretary, the head of the Presidential Protocol, authorized representatives of the President, 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 vested with the necessary powers to carry out the following functions: organizing the preparation of bills for submission by the President to the State Duma as a legislative initiative; preparation of proposals for the President to sign federal laws or to reject them; preparation, coordination 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 consultative bodies under the President; monitoring the implementation of federal laws (in terms of the powers of the President, including ensuring the rights and freedoms of man and citizen), decrees, and other decisions of the President; preparation of draft appeals of the President to the Constitutional Court; ensuring interaction between the President and political parties, public and religious associations, trade unions, entrepreneurs' organizations and chambers of commerce and industry; ensuring the interaction of the President with government 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 the implementation by the President of his powers to resolve issues of citizenship of the Russian Federation; recording and analysis of citizens' appeals, proposals from public associations and local governments, submission of relevant reports to the President, etc.

When implementing the functions assigned to it, the Presidential Administration interacts with government bodies of the Russian Federation, as well as with government bodies of foreign countries, with Russian, international and foreign organizations. The structure and functions of the Presidential Administration are constantly being improved in order to most fully and effectively ensure 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 implementing his goals and objectives to ensure the coordinated functioning and interaction of all government bodies on the basis of a single external and domestic policy determined by the head of state. Currently, the Presidential Administration, in addition to other officials, includes plenipotentiary representatives of the President in the federal districts, plenipotentiary representatives of the President in the Federation Council, State Duma, and Constitutional Court.

The Plenipotentiary Representative of the President in the Constitutional Court promotes the activities of the President as the guarantor of the Constitution, the rights and freedoms of man and citizen and represents the interests of the President in the Constitutional Court * (970). The Plenipotentiary Representative of the President in the Constitutional Court is appointed and dismissed by the President upon the proposal of the Head of the Administration.

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, provided for by law about the Constitutional Court of the Russian Federation; participates in sessions of the Constitutional Court in other cases based on the 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; contributes to necessary cases Proposals to the President on measures to ensure the execution of decisions of the Constitutional Court, including the need to amend legislation; performs other functions.

The positions of plenipotentiary representatives in the chambers of the Federal Assembly were introduced by Decree of the President of the Russian Federation of February 10, 1996 N 169 “On the plenipotentiary representatives of the President of the Russian Federation in the chambers of the Federal Assembly of the Russian Federation” (as amended on June 28, 2005). In accordance with the Regulations on the 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 relevant chambers of the Federal Assembly, submit for consideration by the chambers candidates for officials whose appointment is carried out by the Federation Council or the State Duma on the proposal of the President, assist the President in carrying out 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 authorized representatives of the President in the chambers of the Federal Assembly are also specified by Decree of the President of the Russian Federation of April 13, 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 July 15, 2008) .

The institution of plenipotentiary representatives of the President in the constituent entities of the Federation plays an important role in pursuing a unified federal policy of the state, in ensuring the coordinated functioning and interaction of federal government bodies and government bodies 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 plenipotentiary representatives of the President in the constituent entities of the Federation, from March 1997 to May 2000 - plenipotentiary representatives of the President in the regions of the Russian Federation, and since 2000 they were replaced by the institution of plenipotentiary representatives of the President in federal districts.

Decree of the President of the Russian Federation dated May 13, 2000 N 849 (as amended on April 11, 2008) approved the Regulations on the Plenipotentiary Representative of the President in the Federal District and the List of Federal Districts, and transformed the institution of Plenipotentiary Representatives of the President in the regions into the institution of 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 corresponding federal district. The plenipotentiary representative of the President in the federal district is appointed and dismissed by the President on the proposal of the Head of the Presidential Administration for a period determined by the President, but not exceeding the period of execution by the President of his powers. The said official is directly subordinate to the President and is accountable to him.

The Plenipotentiary Representative of the President in the federal district is vested with broad powers, including: coordinating the activities of federal executive authorities in the relevant federal district; organizing interaction between federal executive authorities and state authorities of the constituent entities of the Federation, local governments, political parties, and other public and religious associations; approval of candidates for appointment to positions of federal civil servants and candidates for appointment to other positions within the federal district, if appointment to these positions is carried out by the President, the Government or federal executive authorities; organizing control over the implementation of federal laws, decrees and orders of the President, decrees and orders of the Government, as well as the implementation federal programs in the federal district; submitting proposals to the President to suspend the actions of executive authorities of the constituent entities of the Federation located within the federal district, in the event of a conflict between these acts of the Constitution, federal laws, international obligations of the Russian Federation or violations of human and civil rights and freedoms, etc.

Plenipotentiary representatives of the President carry out their activities in seven federal districts: Central (center - Moscow), Northwestern (St. Petersburg), Southern (Rostov-on-Don), Volga ( Nizhny Novgorod), Ural (Ekaterinburg), Siberian (Novosibirsk), Far Eastern (Khabarovsk). The President also has the right to introduce the positions of his special representatives to implement 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 for ensuring the rights and freedoms of man and citizen in the Chechen Republic, for 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 commentary to Part 1 of Article 87) and, on the basis of paragraph “l” of the commented article, appoints and dismisses the high command of the Armed Forces of the country.

In accordance with Federal Law dated May 31, 1996 N 61-FZ “On Defense” (as amended on July 14, 2008), the President approves a single list military positions to be replaced by senior officers in the Armed Forces and 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 military ranks of senior officers , releases them from military posts and dismisses them from military service in the manner prescribed by federal law (clause 10, part 2, article 4).

According to the Law on military duty The President carries out by his decree the appointment to military positions and the release from military positions of military personnel for whom the state provides for the military ranks of senior officers (Part 1 of Article 43). The assignment of military ranks of senior officers to military personnel (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 paragraph, the President 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. This prerogative of the President is one of the tools of the head of state, allowing him to exercise his constitutional powers related to determining the main directions of Russian foreign policy (Part 3 of Article 80 of the Constitution), exercising leadership foreign policy RF (clause “a” of Article 86), ensuring the coordinated functioning and interaction of government bodies (Part 2 of Article 80).

Diplomatic representatives mean the 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.

Supreme 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 dated July 11, 2004 N 865 “Issues of the Ministry of Foreign Affairs of the Russian Federation” (as amended on September 6, 2008), proposals for the appointment and recall of ambassadors to foreign states and representatives of the Russian Federation at international (interstate , intergovernmental) organizations, the Minister of Foreign Affairs submits to the President the appointment and dismissal of heads of state and government delegations of the Russian Federation (Part 10, Clause 10 of the Regulations). The appointment or recall of a diplomatic representative is preceded by consultations with committees and commissions of the chambers of the Federal Assembly, which consider the President's proposals independently of each other. In this case, 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 officially sent directly to the President. The appointment or recall of a diplomatic representative is carried out by presidential decree.

Chapter 4. President of the Russian Federation

Article 80

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 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, and ensures the coordinated functioning and interaction of government bodies.

3. The President of the Russian Federation, in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state.

4. The President of the Russian Federation, as the head of state, represents the Russian Federation within the country and in international relations.

Article 81

1. The President of the Russian Federation is elected for a six-year term by citizens of the Russian Federation on the basis of universal, equal and direct suffrage 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.

Article 82

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.

Article 83

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 positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation; submits to the Federation Council a proposal to dismiss the Prosecutor General of the Russian Federation from office; appoints judges of other federal courts;

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.

Article 84

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 the 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 domestic and foreign policy of the state.

Article 85

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 actions of executive authorities of the 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 of the Russian Federation or violation of human and civil rights and freedoms until this issue is resolved by the appropriate court.

Article 86

President of Russian Federation:

a) manages the foreign policy of the 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.

Article 87

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 certain 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.

Article 88

The President of the Russian Federation, under the circumstances and in the manner provided for by the federal constitutional law, introduces a state of emergency 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.

Article 89

President of Russian Federation:

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

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

c) grants pardon.

Article 90

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.

Article 91

The President of the Russian Federation enjoys immunity.

Article 92

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.

Article 93

1. The President of the Russian Federation may be removed from office by the Federation Council only on the basis of an accusation brought by the State Duma of high treason or committing another serious crime, 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 established order 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 total votes in each chamber 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.

Article 83.

A) Appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation.

The President does not have the right to make a sole decision on the appointment of the Chairman of the Government of the Russian Federation. Only with the consent of the State Duma.

Article 111.

From the resolution of the Constitutional Court of the Russian Federation dated December 11, 1998 N 28-P “On the case of the interpretation of the provisions of Part 4 of Article 111 of the Constitution of the Russian Federation” it follows that the President of the Russian Federation has the right to re-submit a candidate rejected by the State Duma for the specified position, submitting one and the same Candidacy for the Chairman of the Government of the Russian Federation three times in a row is not allowed. The State Duma cannot be dissolved on the grounds provided for in Part 4 of Article 111 of the Constitution of the Russian Federation as a result of the same candidacy for Chairman of the Government of the Russian Federation being rejected three times.

Article 83.

D) Represents State Duma candidate for appointment to the post of Chairman of the Central Bank of Russia.

In (Article 103, paragraph c), it is written that the State Duma appoints and dismisses the head of the Central Bank from office. Further, from the Federal Law “On the Central Bank of Russia”, Article 14 states that, in the event of rejection of a candidate proposed for the position of Chairman of the Bank of Russia, the President of the Russian Federation will submit a new candidate within two weeks. The same candidacy cannot be submitted more than twice. Those. the procedure is automatic, the President does not influence the decision-making, and cannot appoint or even recommend more than twice a candidate who is not acceptable.

D) At the proposal of the Chairman of the Government of the Russian Federation, appoints Deputy Chairman of the Government of the Russian Federation and federal ministers.

The appointment is only at the proposal of the chairman of the government, the President himself cannot choose a candidate, he can reject it, only the chairman of the government will propose another one, which will come from him anyway. But in reality, the provision from the article “appoints to a position” means that he simply signs, and the choice of a candidate is not within his powers.

E) Presents to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, as well as the candidacy of the Prosecutor General of the Russian Federation.

In this case, the President only makes proposals for relevant candidates, and the appointment itself is made by the Federation Council. The decision to dismiss the Prosecutor General is also made by the Federation Council.

Article 84.

A) calls elections to the State. Duma in accordance with the Constitution of the Russian Federation and federal law.

The President of the Russian Federation calls elections for the State Duma, and he must adhere to the deadlines for re-election of deputies specified in the law. Setting the date of elections is not a right, but rather an obligation of the President, since he does this not arbitrarily, at his own discretion, but within a strictly defined period.

C) calls a referendum in the manner established by federal law.

And if you look at this Federal Law “On the referendum of the Russian Federation”, then it says about the initiators of the referendum, and the President is not there. The President does not have the right to hold a referendum.

E) Addresses the Federal Assembly with an annual message.

The President's message is not normative act, mandatory for execution by government authorities. This is one of the main means of communication between the head of state and parliament. The message is only the subjective opinion of the President, which no one is obliged to implement. Ideally, the task of implementing it should also fall on the Government, which is responsible for implementing the main policy directions, but in reality the message is sabotaged by the government.

Article 85.

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.

Those. The President cannot decide anything; he has no authority to resolve such important issues. Here he can be compared to a courier who simply must take the relevant papers to the court.

Those. The President can only suspend an act, but cannot repeal it. He only suspended it for a while and took it to court. Again courier powers.

Article 89.

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

But he does not have the right to deprive him of citizenship.

Article 87.

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.
And in (Article 102, paragraph b) it is written that the State Duma decides to approve the decree of the President of the Russian Federation on the introduction of martial law; and the decree on a state of emergency from article (102, paragraph c) is also approved. The President, again, does not decide anything, but only proposes that the State Duma resolve the issue, and in turn, the Duma may not decide to approve the Presidential decree.

Article 90.

Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.
That is, the President of the Russian Federation must act and follow the occupation provisions that are spelled out in the Constitution, and the President has no right to change the Constitution or repeal federal law. So much for the “Presidential Republic”.

Article 91.

The President of the Russian Federation has immunity.

Article 92.

The President of the Russian Federation terminates the exercise of powers early in the event of his resignation, persistent inability for health reasons to exercise his powers, or removal from office.
Very interesting option second. The President's health condition is such that a special authoritative medical report is required. It's about, therefore, about cases when, unlike resignation, the personal will of the President objectively cannot be the decisive factor. The medical commission states that the President is no longer able to return to business and the Chairman of the Government announces that he will assume the duties of the President on the basis of medical documents. Here you have one of the forms of overthrowing the President prescribed in the Constitution.

Article 93

When the post of President of the RSFSR was introduced in 1991, a measure was introduced into the Constitution that provided for the possibility of his removal from office if he violated the Constitution of the RSFSR. What was not in the 1977 Constitution. and 1936 No one could even imagine that the Chairman of the Presidium Supreme Council someone could have removed him from office. With the announcement of the decision of the Federation Council on the removal of the President from office, the Chairman of the Government of the Russian Federation begins to perform the duties of the President.

Article 107

3. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council, in the manner established by the Constitution of the Russian Federation, will again consider this law. If, upon re-examination, the federal law is approved in the previously adopted wording by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it is subject to signing by the President of the Russian Federation within seven days and promulgation.

Article 80

Guarantor of the Constitution.

That is, the President has no choice; even if he does not want to sign, he must act within the framework of his duties prescribed in the Constitution. He must sign.

2. The President of the 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, and ensures the coordinated functioning and interaction of government bodies.

3. The President of the Russian Federation, in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of the domestic and foreign policy of the state.

4. The President of the Russian Federation, as the head of state, represents the Russian Federation within the country and in international relations.

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 suffrage 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.