The powers of the President of the Russian Federation are realized through the adoption of legal acts. According to Art. 90 of the Constitution of the Russian Federation, the President of the Russian Federation issues decrees and orders.
By decrees decisions of the President of the Russian Federation are drawn up normative , that is, solutions containing general rules of behavior, designed for long-term and repeated use and related to an indefinite circle of subjects.
Decrees can be carried and individual character . Decisions are issued in the form of decrees on the appointment and dismissal from office of heads accountable to the President of the Russian Federation federal bodies executive power, on citizenship, on granting political asylum, awarding state awards, conferring honorary titles, higher military and higher special ranks, and pardon.
Orders Of the President of the Russian Federation are acts of an organizational and operational nature that are of auxiliary importance in legal regulation activities of the head of state. Orders are usually are not normative .
Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws (part 3 of article 90). This constitutional norm establishes subordinate the nature of the lawmaking activities of the President of the Russian Federation. At the same time, the absence in the Constitution of the Russian Federation of a clear delineation of the subjects of the rule-making competence of the President of the Russian Federation and Federal Assembly allows to interpret the law-making activity of the President of the Russian Federation quite broadly, justifying the President of the Russian Federation's "invasion" into the sphere of legislation.
Since 1993 in Russian Federation, due to a significant lag legislative regulation in the sphere of economics, state and social structure, the practice of adoption by the President of the Russian Federation of normative decrees that perform the functions of federal laws has developed. However, it should be noted that the decrees issued by the President of the Russian Federation in the legislative sphere are temporary and lose legal force as they are adopted. legislature federal laws. * At the same time, the decrees of the President of the Russian Federation adopted on specific issues (spheres) do not automatically become the subject of parliamentary consideration with the aim of their approval in the future as federal laws. The President of the Russian Federation can influence the legislative activity of the Federal Assembly only by introducing an appropriate draft as an exercise of the right to legislative initiative, granted to him by Art. 104 of the Constitution of the Russian Federation.
The procedure for the publication and entry into force of acts of the President of the Russian Federation established by the Decree of the President of the Russian Federation of May 23, 1996 (as amended on August 13, 1998) "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and normative legal acts of federal executive bodies."
Acts of the President of the Russian Federation are subject to obligatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.
Acts of the President of the Russian Federation are published in " Russian newspaper"And" Collected Legislation of the Russian Federation "within ten days after the day of their signing.
Acts of the President of the Russian Federation, which are of a normative nature, enter into force simultaneously throughout the territory of the Russian Federation upon the expiration of seven days after the day of their first official publication.
Other acts of the President of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, enter into force from the date of their signing.
The President of the Russian Federation issues legal acts (decrees and orders), which, according to their legal properties, are divided into normative and individual ones.
Legal acts include decrees and orders - containing legal norms, being promulgated, they acquire a state-power character, i.e. become binding on either all citizens (regulations) or officials, government bodies (individual acts).
Normative acts of the President of the Russian Federation contain the norms of law, regulate various spheres of public life, are generally binding in nature, individual (law enforcement) - are individually-one-time in nature and are adopted on specific management issues (1). They enter into force throughout the territory of Russia at the same time upon the expiration of seven days after their official publication, unless another period is set when the act is adopted.
Individual acts may include decrees and orders of the President of the Russian Federation that relate to specific relationships or individuals. For example, decrees of the President of the Russian Federation on the assignment of various honorary titles to specific figures in science, art, and so on. Decrees of this kind do not contain any general rules, i.e. legal norms. Decrees and orders of the President of the Russian Federation are binding throughout the territory of Russia. Legal acts issued by the President must not contradict the Constitution and federal laws.
A non-normative (law enforcement) decree is a form of expression of the power of the President of the Russian Federation on specific issues, is designed for a one-time implementation and is always personified.
According to clause 3 of the order of the President of the Russian Federation of February 5, 1993 "On the procedure for preparing and submitting draft decrees and orders of the President of the Russian Federation", non-normative decrees are issued on issues related to the appointment and dismissal of the heads of the executive branch and the administration of the President of the Russian Federation, the acquisition of citizenship, political asylum, awarding state awards, conferring class ranks, honorary titles, higher military and special ranks, pardons, etc.
Thus, stand out:
- 1) acts of the President of the Russian Federation, which include decrees and orders, as well as concepts, programs, regulations and doctrines approved by decrees;
- 2) official documents of the head of state - inquiries, opinions, letters, statements.
A special kind of official political and legal document is the annual message of the President of the Russian Federation to the Federal Assembly.
According to the legal force, the acts of the head of state are usually divided into normative and law enforcement, and only decrees should be normative. Decrees of non-normative significance are issued on the appointment of a person to a specific position. Plenipotentiary representatives in the regions of the Russian Federation are also appointed and dismissed by decrees (3).
The decrees also formalize other individual decisions, primarily in the economic sphere, for example, in the sphere of federal property management.
A normative decree of the President of the Russian Federation is a legal act of the head of state containing generally binding rules of conduct aimed at regulating a wide range of public relations, designed for permanent or long-term action and addressed to an indefinite circle of subjects.
Decrees of the head of state formalize decisions of a normative nature, decisions on the appointment and dismissal of leaders in the system of federal executive power and some officials in the Administration of the President of the Russian Federation, on citizenship, granting political asylum, awarding state awards, conferring higher military and higher special ranks , class ranks, honorary titles of the Russian Federation, pardon. The decree can also be of a law enforcement nature, which means it does not have a normative value, that is, it can be individual.
All of them are published in order to implement the internal and external functions of the head of state, temporary and permanent, as well as individual and collegial.
In addition, decrees can be classified into permanent and temporary.
“Permanent” decrees are issued by the President of the Russian Federation at all stages of his activities, “temporary” ones are issued to solve a specific task, which, as a rule, has extraordinary character... The latter type includes decrees on the imposition of martial law on the territory of the Russian Federation or in some of its localities in cases of aggression against Russia or an imminent threat of aggression and a state of emergency with immediate notification of this to both chambers of the Federal Assembly (Articles 87, 88 of the Constitution of the Russian Federation).
The procedure for the preparation of decrees and orders of the President of the Russian Federation, providing for coordination in the Government of the Russian Federation and the Presidential Administration, with Presidential aides and legal expertise, established by the order of the President of the Russian Federation (5).
The submitted draft decree or order of the President of the Russian Federation, after passing the necessary approvals from the Government of the Russian Federation and the Administration of the President of the Russian Federation, is sent for legal examination to the Main State Legal Directorate of the President of the Russian Federation, and then to the Chancellery of the President of the Russian Federation for approval by the corresponding aide to the President of the Russian Federation.
Draft decrees and orders of the President of the Russian Federation agreed with the Main State Legal Directorate of the President of the Russian Federation and the Presidential Aides are submitted directly to the Head of the Office of the President of the Russian Federation to the Head of the Presidential Administration, who decides whether the project is ready for submission to the President of the Russian Federation or whether the project needs to be revised.
Draft decrees and orders submitted to the President of the Russian Federation in violation of the procedure established by the above order and signed by the President of the Russian Federation are issued by the Chancellery of the President of the Russian Federation only after direct instructions from the President of the Russian Federation to the Head of the Presidential Administration of the Russian Federation or the head of the Chancellery of the President of the Russian Federation.
According to paragraph "b" of Article 86 and paragraph "e" of Article 84 of the Constitution of the Russian Federation, laws and individual international treaties are signed by the Russian President with his own hand. Decrees and orders are also endorsed personally by the head of state, which is a logical consequence of the provisions of Art. 90 of the Constitution of the Russian Federation. Facsimile printing is used in exceptional cases with the permission of the President of the Russian Federation (usually the Head of the Administration) to certify the authenticity of greetings, congratulatory addresses.
Legal acts Of the President of the Russian Federation are subject to mandatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature. Acts of the President of the Russian Federation are published in official sources - "Rossiyskaya Gazeta" and "Collected Legislation of the Russian Federation" within ten days after their signing. If these acts are of a normative nature, then they enter into force simultaneously throughout the territory of the Russian Federation after seven days after the day of their first official publication. Other acts of the President of the Russian Federation, including acts containing information constituting a state secret, or information of a confidential nature, enter into force from the date of their signing.
Such a strict procedure established by the Decree (6) of the President of the Russian Federation of May 23, 1996 "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" is important for the uniform application of the acts of the head states throughout the country.
An order is an individual organizational act.
Presidential orders formulate, as a rule, decisions on operational, personnel and organizational issues, as well as on the work of the Administration of the President of the Russian Federation.
In addition to the acts analyzed above, the President of the Russian Federation, exercising his powers, may apply with a request to the Constitutional Court of the Russian Federation. To a certain extent, the request is an act of the head of state, since it is provided for by the Constitution of the Russian Federation (part 2 of article 125), is binding on the body constitutional review and gives rise to lawmaking and law enforcement process in the Constitutional Court. As one of the types of documents of the President of the Russian Federation, conclusions on draft federal laws adopted by the State Duma can be considered.
In the form of letters, the President of the Russian Federation draws up a legislative initiative, a suspensive veto, offers The State Duma a candidate for the post of Chairman of the Government of the Russian Federation, Chairman of the Central Bank of Russia, submits to the Federation Council candidates for appointment to the posts of judges of the Constitutional, Supreme and Supreme Arbitration courts, Attorney General, raises the issue of dismissing the chairman of the Central Bank - before the lower chamber and the Prosecutor General - before the upper chamber of the Federal Assembly of the Russian Federation.
In the process of exercising his powers, the President of the Russian Federation issues the established by the Constitution of the Russian Federation legal acts - decrees and orders. By their legal nature and character, these are acts of authority that are binding on the entire territory of Russia and by all those persons to whom they are addressed.
Acts of the President of the Russian Federation are acts of direct action and do not need mediation or approval from any state body.
According to their legal properties, decrees and orders of the President of the Russian Federation are subdivided into normative and individual ones. Regulatory decrees and orders contain general rules of conduct that are designed for repeated use and for certain groups of people. Along with the Constitution of the Russian Federation and federal laws, the normative acts of a resident of the Russian Federation create a legal basis for the publication of government acts and play a large role in maintaining unified system the functioning of executive authorities throughout the country.
Individual acts of the President of the Russian Federation - decrees and orders - are issued on specific issues and concern only a strictly defined circle of persons. These are, in particular, acts on the assignment of military ranks, appointment to a position, rewarding of certain persons, dismissal from office, etc.
All acts of the President of the Russian Federation, regardless of their legal properties and characteristics, are subordinate in nature. According to the Constitution of the Russian Federation, "decrees and orders of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws" (clause 3 of article 90)
The constitutionality of acts of the President is ensured The Constitutional Court RF, which, along with the consideration of acts of other state bodies for their compliance with the Constitution of the Russian Federation, also resolves cases on the compliance with it of regulatory decrees and orders of the President of the RF. In the event that the acts of the President or their individual provisions are recognized as unconstitutional, they immediately lose legal force.
In accordance with the current legislation, acts of the President of the Russian Federation, which are of a normative nature, enter into force throughout Russia at the same time after 7 days after their publication, unless otherwise indicated in the som act. Individual acts take effect immediately after they are signed.
Officially, all acts of the President of the Russian Federation are published in the information publication "Collected Legislation of the Russian Federation" and in the "Rossiyskaya Gazeta".
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- 2.2. Legal framework for tax control in the Russian Federation
- § 2. The electoral legislation of the constituent entities of the Russian Federation: concept, main stages of formation, theoretical issues and content.
- Information transparency of the executive branch Information on the decisions of the President of the Russian Federation
- Decree of the President of the Russian Federation on the Representative of the Russian Federation at the European Court of Human Rights (as revised by Decree of the President of the Russian Federation of December 22, 1999 N ° 1678)
Acts of the President are the legal forms of expressing decisions made by the head of state within the limits of his constitutional powers provided for by the Constitution. In accordance with the Constitution of the Russian Federation (part 1 of article 90), the President has the right to publish decrees and orders... Acts of the President are binding on the entire territory of the Russian Federation. They are subordinate in nature and must comply with the Constitution and federal laws.
The decrees of the President represent decisions of a normative and individual nature taken by the head of the Russian state within his competence on the most important issues. Decrees can be normative or non-normative. The first, for example, include the Decrees of March 2, 1994 and June 1, 1995, which approved the Regulations on state awards in the Russian Federation. Regulatory decrees of the President are subject to official clarification. Such an explanation, on behalf of the President, is authorized to give the Main State and Legal Department of the President of the Russian Federation.
Unlike decrees, orders of the President are individual acts adopted by the head of state on operational, organizational and personnel issues, and the activities of the Presidential Administration. Orders - acts, as a rule, are non-normative in their content, reflect the individual instructions of the President. In some cases, the President issues orders as normative acts. In particular, this may relate to the determination of the legal status of a structural unit of the Administration of the Head of State and be of an exceptional nature.
67. Control over the activities of the President of the Russian Federation
68. Federal Assembly - Parliament of the Russian Federation: general characteristics
The Federal Assembly - the parliament of the Russian Federation - is the representative and legislative body of the Russian Federation. The Federal Assembly consists of two chambers: 1) the Federation Council. It includes two representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies of state power. A citizen of the Russian Federation at least 30 years old may be elected (appointed) a member of the Federation Council; 2) the State Duma. It consists of 450 deputies.
The Federal Assembly is a permanent body. The Federation Council and the State Duma meet separately. The meetings of the Federation Council and the State Duma are open. In cases stipulated by the regulations of the chamber, it has the right to hold closed sessions. The chambers can meet together to hear messages from the President, the Constitutional Court, speeches of the leaders of foreign states. The Federation Council and the State Duma elect from among their members the Chairmen and their deputies, who conduct meetings and are in charge of the internal regulations of the chamber, form committees and commissions, and hold parliamentary hearings on their matters. Each of the chambers adopts its own regulations and decides on the internal regulations of its activities. To exercise control over the execution of the federal budget, the Federation Council and the State Duma form the Accounts Chamber.
69. Federation Council of the Federal Assembly: general characteristics, powers, organization of activities, acts. Federation Council Office.
The Federation Council is the upper chamber of the Federal Assembly of Russia, including, according to the Russian Constitution, 2 representatives from each constituent entity of Russia - one from the representative and executive bodies of state power.
Credentials
According to Article 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes (paragraph 1):
a) approval of changes in the boundaries between the constituent entities of the Russian Federation;
b) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
c) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
d) calling elections for the President of the Russian Federation;
e) removal of the President of the Russian Federation from office
f) appointment of judges of the Constitutional Court of the Russian Federation, The Supreme Court Russian Federation; Prosecutor General of the Russian Federation
h) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors, etc.
On issues referred to its jurisdiction by the Constitution of the Russian Federation, the Federation Council adopts resolutions that are adopted by a majority vote of the total number of members of the Federation Council. In the field of lawmaking, the Federation Council takes a subordinate role in relation to the State Duma. Any laws are first submitted to the State Duma, and only after approval by the lower house are submitted to the Federation Council for consideration.
Both the entire Federation Council as a whole and its individual members have the right to initiate legislation. When considering laws adopted by the State Duma, the Federation Council does not have the right to make amendments, but can either approve or reject the law as a whole. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it, or if it has not been considered by the Federation Council within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the differences that have arisen, after which the federal law is subject to reconsideration by the State Duma. For the adoption of federal constitutional laws, the approval of 3/4 of the votes of the Federation Council is required; if the Federation Council rejects the draft federal constitutional law, the veto cannot be overcome by the State Duma.
The apparatus of the Federation Council of the Federal Assembly of the Russian Federation is a body that provides legal, organizational, analytical, documentary, informational, financial, logistical, economic, transport, medical and social support for the activities of the Federation Council and its bodies, members of the Federation Council. Operates on an ongoing basis. The apparatus includes the secretariats of the chairman of the Federation Council and his deputies, head staff and his deputies, committee staff and commissions, management and departments on various issues.
2.2.1. 06/05/1996 to the present acts of the President of the Russian Federation, which are of a normative nature, enter into force simultaneously throughout the territory of the Russian Federation upon the expiration of seven days after the day of their first official publication, unless a different procedure for entry into force is established in the act itself.
Official publication sources: "Rossiyskaya Gazeta" and "Collected Legislation of the Russian Federation", additionally from 10.11.2011 - placement on the "Official Internet Portal of Legal Information" (www.pravo.gov.ru).
Other acts of the President of the Russian Federation, including acts containing information constituting a state secret, or information of a confidential nature, come into force from the date of their signing.
2.2.2. From 04.09.2018, in accordance with article 6 of the Federal Law of 03.08.2018 N 289-FZ, decrees of the President of the Russian Federation in the field of customs regulation come into force no earlier than 30 days after the day of their official publication, with the exception of following cases:
1) if international treaties and acts in the field of customs regulation or Federal Law of 03.08.2018 N 289-FZ establish a special procedure for their entry into force;
2) if the decrees of the President of the Russian Federation in the field of customs regulation establish a more preferential procedure than the current one in terms of the requirements for the submission of documents and information, the time frame for making decisions by customs and other state bodies or other administrative (procedural) restrictions, and they set a different entry period them in effect.
Decrees of the President of the Russian Federation in the field of customs regulation that improve the situation of persons are retroactive if they expressly provide for it. They may also be retroactive if it is directly provided for by international treaties and acts in the field of customs regulation, or federal laws... In all other cases, presidential decrees in the field of customs regulation are applied to relations that have arisen from the date of their entry into force, and are not retroactive.
In the period from 29.12.2010 to 03.09.2018, a similar procedure for the entry into force of decrees of the President of the Russian Federation in the field of customs was established by Article 6 of the Federal Law of 27.11.2010 N 311-FZ.
From 01.01.2004 to 28.12.2010 Article 4 of the Customs Code of the Russian Federation established the following features of the entry into force of decrees of the President of the Russian Federation in the field of customs:
Decrees of the President of the Russian Federation, improving the situation of persons, had retroactive effect if they directly provided for it. In other cases, they could have retroactive effect if it was provided for by federal laws or international treaties of the Russian Federation.
Prohibitions, restrictions or requirements in the field of customs, established by decrees of the President of the Russian Federation, were introduced no earlier than one month after the date of their official publication, except in cases where:
Relevant provisions of legislative acts, on the basis of and in pursuance of which decrees of the President of the Russian Federation were issued, aimed at ensuring compliance with the prohibitions and restrictions established in accordance with the legislation of the Russian Federation on government regulation foreign trade activities, directly provided for their introduction into action in a shorter time frame;
The Customs Code of the Russian Federation established a special procedure for the enactment of these prohibitions, restrictions or requirements.
2.2.3. In a relationship acts of the President of the Russian Federation issued earlier on 06/05/1996 (before the entry into force of the Decree of the President of the Russian Federation of May 23, 1996 N 763), unless otherwise was established when the act was adopted, the following provisions should be followed:
1) from 07/01/1992 to 06/04/1996 - acts of the President of the Russian Federation, which have a normative character, entered into force throughout the territory of Russia simultaneously seven days after their publication in the "Collection of acts of the President and the Government of the Russian Federation", "Rossiyskaya Gazeta" or "Rossiiskiye Vesti" (Decree of the President of the Russian Federation of 03.26.1992 N 302);
2) from 01.11.1991 to 01.12.1992 - draft decrees of the President of the RSFSR on banking, exchange, currency and financial, foreign economic, investment, customs activities, budget, pricing, taxation, property, land reform, employment, competence, formation procedure and activities executive bodies, published for the purpose of operative regulation of the course of economic reform and contradicting the current laws of the RSFSR, were submitted by the President of the RSFSR to the Supreme Soviet of the RSFSR, and in the period between sessions - to the Presidium of the Supreme Soviet of the RSFSR.
If within seven days the Supreme Soviet of the RSFSR, and in the intervals between sessions - the Presidium of the Supreme Soviet of the RSFSR did not reject the draft decree of the President of the RSFSR, then the decree came into force. In case of rejection of the draft decree, the Supreme Soviet of the RSFSR within ten days considered it as a draft law submitted by the President of the RSFSR (Resolution of the SND of the RSFSR of 01.11.1991 N 1831-1).