Constitutional and legal status of the Russian president is not very clearly defined by the current version of the basic law.On the one hand, the Constitution of the Russian President's positions as head of state.However, the regulations governing its activities, do not give a definite answer to the question of which of the branches of government it represents.For some reason, assumed that the head of state is also the head of executive power.
Problems of definition
In our view, this approach is not entirely correct from a formal legal point of view.Yes, indeed, an example of such a combination there - the White House is both the head of the American state and the head of the national government.But it's almost not a single case, which can be regarded as an exception to the rule.In Russia, the elected Prime Minister - what if the power it confers?Obviously, the same - the executive.In addition, the President granted the most extensive powers for the approval of the federal administrative bureaucracy.The broad legislative powers and do not mean that he is the first person of the legislative power.Direct management and administration of the judicial system, the control over the personal composition and activities of the judicial bureaucracy and do not give grounds to assert its dominance in the legal justice system.Obviously, we should not just say who is the president of the Russian Federation, the constitutional and legal status of which is quite difficult to determine.We are talking about the head of state as the proper
In general, constitutional and legal status of the President is determined by the rules prescribed in the law on presidential elections.The methodology of the election - vote by secret ballot in a general election, the date of which determines the Federation Council.In the case where the senators for any reason unable to determine the task, the date of the election shall appoint CEC.By tradition, the presidential "Day X" is held on the second Sunday in March every four years.
So, the candidate for the post of President of the Russian Federation.Constitutional and legal status of the head of state is supposed to match the three basic requirements:
- the presence of Russian citizenship;
- age - from 35 years;
- living in Russia (not necessarily continuously) over 10 years.
practice of recent years has shown that the nomination of presidential candidates is carried out on Party Congress.Under current legislation, self-nominated also have the right to register, but these steps are not welcome.
Constitutional and legal status of the head of state assumes such powers as:
- Presentation - the personification of national sovereignty, it is the country's interests in the international arena and within the country serves as an arbitrator between the various groups of elites;
- the guarantor of the implementation of the constitutional norms and fundamental principles of constitutionalism by all political and governmental entities;
- formulation and implementation of the basic principles of domestic policy, strategy of foreign policy development.As the President of the Russian Federation, the constitutional and legal status of which is quite clearly indicates the priority moderator functions and powers of public administration, it has the right to create, convert or eliminate political and state institutions, as well as to ensure the smooth functioning of all levels of government.
In modern political science a form of government is known as the "post-Soviet Presidency."The head of state as it is informally and on political institutions and on the right.However, it will depend on his work of all elements of the state system.Reproduction of power closes on individual will of one man, which, however, does not deny the existence of separate autonomous administrative cogs national bureaucratic mechanism.