Commander-in-Chief of the Russian Army. Who is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation? Govorov Leonid Alexandrovich

PLAN-OUTLINE

conducting classes on social and state training with military personnel of the military unit.

SUBJECT: “The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.”

Educational goals:

— to instill in military personnel a readiness for dignified and selfless service to the Fatherland;

— to form in them a feeling of love and devotion to the Motherland, pride in belonging to the great Russian people.

Learning objectives:

— familiarize military personnel with the rights and responsibilities of the President of the Russian Federation in the field of defense and security, his powers in the sphere of management of the Armed Forces of the Russian Federation.

Questions:

1. General rights and responsibilities of the President of the Russian Federation in the field of defense and security.
2. Powers of the President of the Russian Federation in the sphere of management of the Armed Forces of the Russian Federation.

Time: 1 hour.

Date of: ___

Place: library part

1. Baglay M. Constitutional law of the Russian Federation. M., 2003.
2. Gordievsky A. Legal foundations of leadership and management of the Armed Forces of the Russian Federation. // Reference point. - 2000. - No. 11.
3. Lenshin S. Law enforcement as a form of implementation of socio-economic rights of military personnel. - M., VU., 2003.
4. Marushenko V. President of Russia - Commander-in-Chief of the Armed Forces of the Russian Federation. // Reference point. - 2000. - No. 5.
5. Strekozov V., Kazanchev Yu. Constitutional law of Russia. - M. 1997.

In the introduction, it is advisable to emphasize the importance of government functions performed by the President of the Russian Federation.

When covering the first question, it is necessary to disclose the general powers of the President of the Russian Federation as the guarantor of the Constitution. It is the President of the Russian Federation who has the main powers to determine the main directions of the state’s domestic and foreign policy in the field of defense and security, and to form for this purpose the executive branch of power - the Government of the Russian Federation, which manages the work of federal ministries, agencies, services and controls their activities.

When considering the second issue, it is important to use the constitutional and legal provisions of the laws of the Russian Federation. reveal the main powers of the President of the Russian Federation - the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation in connection with the implementation of a set of interrelated measures in peacetime and war, in exceptional circumstances of a threatening period for the use of the Armed Forces of the Russian Federation.

PROGRESS OF THE CLASS:

The highest official of our state is the President of the Russian Federation. He, as the head of state, is at the same time the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and exercises general leadership over them.

By determining the main directions of the state's domestic and foreign policy, the President of the Russian Federation forms the executive branch - the Government of the Russian Federation, which manages the work of federal ministries, agencies, services and controls their activities. The President of the Russian Federation forms and heads the Security Council of the Russian Federation, which prepares its decisions on issues of ensuring the protection of the vital interests of the individual, society and the state from internal and external threats, and the implementation of a unified state policy in the field of security.

The President of the Russian Federation approves the military doctrine of the Russian Federation, which is an integral part of the security concept of the Russian state and represents a set of official views (attitudes) that define the military-political, military-strategic and military-economic foundations for ensuring the military security of the Russian Federation.

The President forms the Administration of the President of the Russian Federation. The status and main functions of this body are determined by the President of the Russian Federation at his discretion and operate within the limits of his powers. The Administration of the President of the Russian Federation cannot interfere with the competence of other government bodies. The President of the Russian Federation appoints and dismisses authorized representatives who represent his interests in federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, as well as in Russian, foreign and international organizations. Plenipotentiary representatives act on the basis of provisions approved by the President of the Russian Federation.

The President of Russia awards state awards and honorary titles of the Russian Federation. He introduces bills to the State Duma, signs and promulgates federal laws. Granting the head of the Russian state the authority to approve acts of military legislation that establish the foundations of military policy is explained by the fact that the President of the Russian Federation not only manages the development of scientific and theoretical views on military policy issues, but also heads the work of state bodies and military command and control bodies in their implementation .

The President of the Russian Federation addresses the Federal Assembly with annual messages about the situation in the country, about the main directions of the domestic and foreign policy of the state.

He manages the foreign policy of the Russian Federation, develops the country's foreign policy and directly manages its implementation. The President of the Russian Federation independently carries out diplomatic activities: holds negotiations at the highest level, visits foreign countries on official and unofficial visits, participates in meetings of heads of state, bears constitutional responsibility for the fulfillment of the international obligations of the Russian Federation. When determining the main directions of military policy, the President of the Russian Federation is guided by generally recognized principles and norms of international law and international treaties of Russia. At the same time, it seems important to ensure an exact correspondence between the national interests of the Russian Federation and the interests of the international communities of which our country is a member. Only the head of Russia makes the decision to negotiate agreements concluded on behalf of the Russian state on defense issues. As a rule, the President of the Russian Federation makes a single decision covering issues of both conducting negotiations and signing an international treaty. As the head of the country's foreign policy, he has the right to make decisions on holding negotiations and concluding international treaties on issues of ensuring the defense capability of the state that fall under the jurisdiction of the Russian Government. In the process of conducting international negotiations on defense issues and with a view to concluding them, the President of Russia considers the recommendations and proposals of the relevant government bodies. Government decisions on submitting proposals to the President to conclude such agreements are taken in the form of a resolution. This applies to the drafts of the most important agreements on military cooperation, arms reduction, and military integration. But negotiations between the head of the Russian state in the field of defense should not always end with the signing of a legal document. They can lead to the conclusion of an interstate agreement of a political rather than legal nature, which does not give rise to legal obligations. The President of Russia negotiates and signs international treaties with heads of state and government of other countries personally (but may appoint a specific person or delegation to do this) and ratifies treaties.

To carry out activities to determine the main directions of military policy, the head of the Russian state is vested with foreign and domestic political powers. Thus, in the event of aggression against the Russian Federation or its immediate threat, 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. Aggression is the use of armed force by a foreign state (group of states) against the sovereignty, political independence and territorial integrity of Russia. The Decree of the President of the Russian Federation on the introduction of martial law defines the circumstances that served as the basis for the introduction of martial law; the date and time from which it begins to operate; boundaries of the territory covered by the martial law regime. The Presidential Decree is subject to promulgation through radio, television and official publication. An unapproved decree shall cease to be valid from the next day after the decision is made by the Federation Council, of which the population of the Russian Federation or relevant localities is immediately notified. The martial law regime includes a set of economic, political, administrative and other measures aimed at creating conditions for repelling aggression or preventing it. On the basis of Decrees of the President of the Russian Federation, under martial law, measures are taken to strengthen the protection of public order, ensure public safety, and protect important state and other facilities: the introduction of a special regime for the operation of facilities, transport, communications, communications, evacuation.

In addition, the President of Russia may declare a state of emergency when:

a) an attempt to forcibly change the constitutional system of Russia, the seizure or appropriation of power, armed rebellion, mass riots, terrorist acts, blocking or seizure of particularly important objects, certain areas, the preparation and activities of illegal armed groups, interethnic, interfaith and regional conflicts accompanied by violent actions , creating a direct threat to the life and safety of citizens, the normal activities of state authorities and local governments;

b) emergency situations of a natural and man-made nature, emergency environmental situations, including epidemics and epizootics resulting from accidents, hazardous natural phenomena, catastrophes, natural and other disasters that resulted in human casualties, caused damage to human health and the environment, significant material losses and disruption of living conditions

population and requiring large-scale rescue and other urgent work.

A state of emergency is introduced with the approval of the Decree of the President of the Russian Federation by the Federation Council within a period not exceeding 72 hours. The President of the Russian Federation has the authority to suspend the powers of executive authorities of constituent entities of the Russian Federation and local self-government bodies in the relevant territory, establish restrictions on freedom of movement, strengthen the protection of public order, introduce restrictions on certain types of financial and economic activities, prohibit meetings, rallies and demonstrations, processions and picketing, provide for other prohibitive and restrictive measures of rights and freedoms, up to the introduction of a curfew, restrictions on freedom of the media. The President of the Russian Federation appoints a commandant of the territory in which a state of emergency is established, can introduce special management, and in exceptional cases attract the Armed Forces and other troops to ensure the regime. The Constitution of the Russian Federation provides guarantees for maintaining the functioning of the lower house of parliament during a state of emergency: the State Duma cannot be dissolved by the President of the Russian Federation. The Federation Council also continues its work throughout the entire period of the state of emergency. The President of the Russian Federation introduces a state of emergency throughout the country for a period not exceeding 30 days, and in certain areas - 60 days. The state of emergency regime ends upon expiration of the period for which it was introduced, or can be extended with the consent of the Federation Council by Decree of the President of the Russian Federation if the goals of its introduction are not achieved. The President of the Russian Federation is also given the right to cancel the state of emergency ahead of schedule.

In order to protect the population and organizations from dangers arising during the conduct of military operations or as a result of these actions, civil defense is organized. Territorial defense is organized and carried out in order to protect the population, objects and communications on the territory of the Russian Federation from enemy actions, sabotage and terrorist acts, as well as the introduction and maintenance of emergency and martial law regimes. The President of Russia, while managing civil defense, approves the Civil Defense Plan and puts it into effect; approves the structure, composition of the civil defense troops and the number of military personnel of these troops; approves the Regulations on the Civil Defense Forces. Civil defense management in federal executive bodies and organizations is carried out by their leaders. The management of civil defense in the territories of the constituent entities of the Russian Federation and municipalities is carried out by the heads of executive authorities of the constituent entities of the Russian Federation and heads of local government bodies.

The conduct of civil defense on the territory of Russia or in its individual localities begins from the moment a state of war is declared, the actual outbreak of hostilities or the introduction of martial law by the President of the Russian Federation.

The powers of the President of Russia in the sphere of management of the Armed Forces of the Russian Federation are divided into two levels of their implementation and are associated with the implementation of a set of interrelated activities in peacetime and wartime. In exceptional circumstances of a threatening period, the President of the Russian Federation may assume direct control of the Armed Forces to repel aggression against Russia (introduction of martial law, declaration of mobilization, enactment of wartime regulatory legal acts, formation of wartime executive authorities, orders from the Supreme Commander-in-Chief of the Armed Forces Russia on the conduct of military operations). In the group of powers exercised during martial law by the President of the Russian Federation - the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. the main ones are his powers to use the Armed Forces of the Russian Federation, since they are directly intended to repel aggression, armed defense of the integrity and inviolability of Russian territory. The content of such powers and the procedure for their implementation are largely determined by the grounds on which the head of the Russian state uses the Russian Armed Forces: firstly, according to their main purpose; secondly, to carry out tasks using weapons other than their intended purpose: thirdly, to carry out tasks in accordance with international treaties of the Russian Federation. Common to all of these grounds is the mandatory approval by the Federation Council of the decision of the President of the Russian Federation on the use, use, and involvement of the Armed Forces of the Russian Federation. In the event of a sudden attack on Russia or an immediate threat of such an attack, the President of Russia immediately, on the basis of the Decree on martial law adopted by him, gives an order to use the Armed Forces of the Russian Federation to repel aggression and strike back without the prior consent of the Federation Council. Other troops and military formations are involved in joint operational and mobilization training with the Russian Armed Forces, in accordance with the Plan for the Use of the Russian Armed Forces approved by the President of the Russian Federation. The order of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation on the conduct of military operations defines: the circumstances that served as the basis for the combat use of the Armed Forces of the Russian Federation; the nature and degree of intensity of military actions directed against Russia, the reality of threats to the sovereignty, independence and state integrity of the Russian Federation; the approximate scale, territory boundaries and timing of combat operations of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the basis for their use of nuclear weapons and other types of weapons of mass destruction; the procedure for the deployment of the Armed Forces of the Russian Federation, other troops, military formations and bodies and their transition to wartime organization and staffing, the procedure for calling up citizens for mobilization, as well as the procedure for their use of material resources of mobilization and state reserves; forces and means involved in accordance with the Plan for the use of the Armed Forces of the Russian Federation to carry out measures to repel aggression and ensure martial law; executive authorities and military command and control bodies formed by the President of the Russian Federation for the period of wartime, exercising leadership and control of the Armed Forces of the Russian Federation, other troops, military formations and bodies; the time the order comes into force, as well as the duration of its validity. Taking into account the special legal regime of martial law, it can be introduced throughout the territory of Russia or in its individual localities. In his Decree, the President of the Russian Federation determines the procedure and grounds for involving the Armed Forces of the Russian Federation in ensuring the martial law regime; the procedure for enacting and repealing wartime legal acts; a list of martial law measures related to the organization of production of products necessary to meet the needs of the Armed Forces of the Russian Federation and the protection of military facilities; establishing and ensuring a special regime for entry into the territory where martial law has been introduced; confiscation of property necessary for defense needs from organizations and citizens.

The involvement of the Armed Forces of the Russian Federation in carrying out tasks other than their intended purpose without the use of weapons is carried out in cases of liquidation of emergency situations resulting from an accident, dangerous natural phenomenon, catastrophe, natural or other disaster that may result or have resulted in human casualties, damage to human health or the natural environment, significant material and human losses.

The powers of the President of the Russian Federation to determine the main directions of military policy, negotiate and sign international treaties on joint defense, collective security, reduction and limitation of the Armed Forces and weapons, on the participation of the Armed Forces of the Russian Federation in peacekeeping operations and international security, provision of military and civilian personnel to participate in activities to maintain or restore international peace and security, based on a decision of the UN Security Council, or obligations arising from an international treaty concluded by Russia.

The President of the Russian Federation approves the structure, composition of the Armed Forces, other troops, military formations, up to and including unification, the regular number of military personnel (by January 1, 2006 - 1 million units), as well as the maximum number of military personnel for secondment to federal government bodies. He makes a decision on the deployment and redeployment of the Russian Armed Forces from the formation and above, approves: Plan for the use of the Armed Forces; Mobilization plan of the Armed Forces; federal state programs for armament and development of the defense industrial complex; nuclear and other special testing programs; plans for the placement on Russian territory of facilities with nuclear charges and facilities for the elimination of weapons of mass destruction and nuclear waste.

The President of Russia, being the Supreme Commander-in-Chief of the Armed Forces, appoints and dismisses the high command of the Armed Forces of the Russian Federation, appoints commanders of troops; types, branches of the military, approves a unified list of military positions to be filled by senior officers, the total number of military positions to be filled by colonels (captains of the 1st rank), assigns the highest military ranks, appoints military personnel to military positions for which the state provides military ranks of senior officers, releases them from military posts and dismisses them from military service if they reach the age limit for military service, determines the procedure for concluding a contract with them for military service. In the process of preparing individual decrees on the conferment of higher military ranks by the President of the Russian Federation, the Presidential Personnel Policy Directorate and the Main State Legal Directorate of the President take part. The next military rank of general or admiral is assigned to a serviceman by the President of the Russian Federation on the recommendation of the Minister of Defense of the Russian Federation.

The President of the Russian Federation approves general military regulations, regulations on the banner and emblem of the Armed Forces of the Russian Federation, the banner and pennants of ships and vessels of the Navy. The Battle Banner of the military unit. The naval flag of the Russian Federation, the procedure for military service, military councils, military commissariats, military transport duties; issues decrees on the conscription of citizens for military service, military training, as well as on the dismissal from military service of Russian citizens undergoing military service under conscription in the manner prescribed by the Federal Law “On Military Duty and Military Service”.

The President of Russia decides on issues of admission to citizenship of the Russian Federation in relation to foreign citizens who entered military service in the Russian Armed Forces under a contract. Grants pardon to convicted military personnel, issues mandatory decrees and orders throughout the Russian Federation, which can be normative and individual. Decrees of the President of the Russian Federation formalize decisions of a normative nature, decisions on the appointment and dismissal of senior military leadership, on citizenship, granting political asylum, awarding state awards, conferring higher military ranks, honorary titles, and pardons. Decisions on operational, personnel and organizational issues are formalized by orders of the President of the Russian Federation. As the Supreme Commander-in-Chief, the President of the Russian Federation, within the limits of his powers, issues orders and directives that are mandatory for execution by the Armed Forces of the Russian Federation and military command and control bodies.

The management of the Armed Forces of the Russian Federation is carried out by the Minister of Defense of the Russian Federation through the Ministry of Defense of the Russian Federation, the Regulations of which are approved by the Decree of the President of the Russian Federation. The Ministry of Defense of the Russian Federation is a federal executive body and a central military command body designed to pursue state policy and carry out public administration in the field of defense, as well as coordinate the activities of federal ministries, other federal executive bodies and executive bodies of the constituent entities of the Russian Federation. local government bodies in this area, the Minister of Defense is appointed and dismissed by the President of Russia on the proposal of the Chairman of the Government. The Regulations define the tasks and functions of the Ministry of Defense of the Russian Federation, the most important of which are the development and adoption of measures to prepare for the armed defense of Russia: organization and implementation of measures to ensure combat and mobilization readiness, operational, combat and mobilization training of the Armed Forces in order to prevent and repel aggression , directed against Russia, armed protection of the integrity and inviolability of its territory, as well as for the purpose of carrying out tasks in accordance with international treaties.

The main body for operational control of the Armed Forces is the General Staff of the Armed Forces of the Russian Federation. It is headed by the Chief of the General Staff of the Armed Forces, who reports to the Minister of Defense of the Russian Federation and is his first deputy. The Regulations define the main tasks and functions of the General Staff, the most important of which are the implementation of strategic planning for the use of the Armed Forces, other troops, military formations and bodies, taking into account their tasks and the military-administrative division of Russia, conducting operational and mobilization training of the Armed Forces, coordinating operational and mobilization training of other troops, military formations and bodies, as well as monitoring the state of their mobilization training.

The President of Russia establishes the number and boundaries of the military district as a military administrative unit.

From the Dictionary of the Russian Language and the Military Encyclopedic Dictionary it follows that the meaning of the terms “leadership” and “management” coincide. According to the Dictionary of the Russian Language, “management” is the activity of government bodies, and “to manage” and “to manage” means to direct someone’s activities, to be at the head of something. At the same time, in the Military Encyclopedic Dictionary, command and control of troops (forces) refers to the activities of commanders, headquarters, services and other command and control bodies in maintaining constant combat readiness of troops (forces), preparing operations and combat operations, and leading troops (forces) in carrying out assigned tasks.

Nevertheless, in rule-making practice, in particular in Art. 13 of the Federal Law of May 31, 1996 N 61-FZ “On Defense”, in connection with the definition of the powers of the President of the Russian Federation - the Supreme Commander-in-Chief of the Armed Forces and the Minister of Defense, the terms “leadership” and “management” acquire different meanings. The powers of the President of the Russian Federation to manage the Armed Forces of the Russian Federation have a different nature, scope and content than the powers of the Minister of Defense to manage the Armed Forces of the Russian Federation.

In Art. 13 of the Federal Law of May 31, 1996 N 61-FZ “On Defense” essentially delineates the powers of the President of the Russian Federation, his powers as the Supreme Commander-in-Chief of the Armed Forces and the Minister of Defense for the leadership and management of the Armed Forces, taking into account the nature, scope and content of them powers. In addition, this distinction is made by consolidating in the Regulations on the Ministry of Defense the powers of the President of the Russian Federation to manage the Ministry of Defense, as well as the functions of the Ministry of Defense, the legal status of their officials.

The effective implementation of the tasks facing the Armed Forces largely depends on the availability and quality of the regulatory framework governing the creation and functioning of the Armed Forces. The basis of the legislative framework of the country's military organization is the Constitution of the Russian Federation and the Law “On Defense”. They contain fundamental rules on the defense and security of the state. These documents define the basics of organizing the country's defense, set out the rights and responsibilities of state authorities and authorities, local governments, enterprises, institutions, organizations, officials and citizens in the field of defense, the structure and organization of the Armed Forces of the Russian Federation, and talk about liability for violation of the law and other rules relating to the defense of the country.

The Constitution of the Russian Federation and the Law “On Defense” assign an extremely important place in the system of state security and armed protection of its citizens to the highest bodies of state power. The highest official of our state is the President of the Russian Federation. 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. Therefore, it is natural that it is the President of the Russian Federation who manages the construction, preparation and use of the military organization of the state, has the status of Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, and exercises general leadership of the Armed Forces.

According to sub. 3 p. 2 art. 4 and paragraph 1 of Art. 13 of the Law “On Defense” the leadership of the Armed Forces of the Russian Federation is exercised by the President of the Russian Federation - the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. The powers of the President of the Russian Federation to lead the Armed Forces are important for defense. Article 4 of the Law “On Defense” fully reveals the powers of the President of the Russian Federation in the field of defense:

1) determines the main directions of the military policy of the Russian Federation;

2) approves the military doctrine of the Russian Federation, the Defense Plan of the Russian Federation and the Regulations on military planning in the Russian Federation;

3) exercises leadership over the Armed Forces of the Russian Federation, other troops, military formations and bodies;

4) in cases of aggression or an immediate threat of aggression against the Russian Federation, the outbreak of armed conflicts directed against the Russian Federation, declares general or partial mobilization, 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 , gives an order to the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation on the conduct of military operations;

5) exercises powers in the field of ensuring the martial law regime in accordance with the Constitution of the Russian Federation and federal constitutional law;

6) makes, in accordance with federal laws, a decision on the involvement of the Armed Forces of the Russian Federation, other troops, military formations and bodies in carrying out tasks using weapons other than for their intended purpose;

7) approves concepts and plans for the construction and development of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the Plan for the use of the Armed Forces of the Russian Federation, the Mobilization Plan of the Armed Forces of the Russian Federation, the Plan of activities carried out in the Russian Federation when the threat of aggression against the Russian Federation increases before the announcement of mobilization in the Russian Federation, the Plan for the transfer of the Russian Federation to wartime conditions, the Plan for the operational equipment of the territory of the Russian Federation for defense purposes, as well as the main indicators of the Mobilization Plan for the economy of the Russian Federation;

8) approves the state armament program;

9) approves programs of nuclear and other special tests and authorizes the conduct of these tests;

10) approves a unified list of military positions to be filled by senior officers in the Armed Forces of the Russian Federation, 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 of the Russian Federation, other troops, military formations and bodies, assigns the highest military ranks, appoints military personnel to military positions for which the state provides for the military ranks of senior officers, releases them from military positions and dismisses them from military service in the manner prescribed by federal law;

11) approves the structure, composition of the Armed Forces of the Russian Federation, other troops, military formations up to and including the merger of bodies, the staffing level of military personnel and civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies;

11.1) makes a decision on the creation of mobilization human reserves of the Armed Forces of the Russian Federation, other troops, military formations and bodies and establishes the number of reservists, indicating their distribution between the Armed Forces of the Russian Federation, other troops, military formations and bodies on the proposal of the relevant federal executive authorities, and also establishes the features of the formation of mobilization human reserves in the federal security service;

12) makes decisions on the deployment and redeployment of the Armed Forces of the Russian Federation, other troops, military formations from the formation and above;

13) approves general military regulations, the Charter of the Military Police of the Armed Forces of the Russian Federation, provisions on the Battle Banner of a military unit, the Naval Flag of the Russian Federation, the procedure for military service, military councils, military commissariats, military transport duties;

14) approves regulations on the Ministry of Defense of the Russian Federation, the General Staff of the Armed Forces of the Russian Federation and federal executive authorities (bodies) authorized in the field of command and control of other troops, military formations and bodies, determines issues of coordination of the activities of federal executive authorities and executive authorities of constituent entities Russian Federation in the field of defense;

15) approves the Regulations on the territorial defense of the Russian Federation, the Territorial Defense Plan of the Russian Federation and the Civil Defense and Protection of the Population Plan of the Russian Federation;

16) approves plans for the placement on the territory of the Russian Federation of facilities with nuclear charges, as well as facilities for the elimination of weapons of mass destruction and nuclear waste;

17) negotiates and signs international treaties of the Russian Federation in the field of defense, including treaties on joint defense, collective security, reduction and limitation of armed forces and weapons, on the participation of the Armed Forces of the Russian Federation in peacekeeping operations and international security;

18) issues decrees on the conscription of citizens of the Russian Federation for military service, military training (indicating the number of conscripted citizens of the Russian Federation and their distribution between the Armed Forces of the Russian Federation, other troops, military formations and bodies), as well as on the dismissal of citizens of the Russian Federation from military service Federations undergoing military service upon conscription in the manner prescribed by federal law;

19) establishes a list of organizations operating in the interests of national defense and state security, and federal state educational organizations of higher education, to which military personnel undergoing military service under a contract may be sent to non-military positions, as well as the total number of military personnel sent to non-military positions military positions in each of the specified organizations;

20) exercises other powers in the field of defense assigned to him by the Constitution of the Russian Federation, federal constitutional laws, federal laws and laws of the Russian Federation.

So according to sub. 4 paragraphs 2 art. 4 of the Law “On Defense”, the President of the Russian Federation, in the event of aggression or an immediate threat of aggression against the Russian Federation, the outbreak of armed conflicts directed against the Russian Federation, by his decrees announces general or partial mobilization, introduces it in the prescribed manner on the territory of the Russian Federation or in its individual localities martial law, gives orders to the Supreme Commander-in-Chief of the Armed Forces on the conduct of military operations. In accordance with paragraph 2 of Art. 19 of the Law “On Defense” during martial law, the Armed Forces can conduct military operations to repel aggression regardless of the declaration of war. When martial law is introduced, the President of the Russian Federation immediately informs the Federation Council and the State Duma about this. The Presidential Decree on the introduction of martial law must be approved by the Federation Council.

The President of the Russian Federation, on the recommendation of the Chairman of the Government of the Russian Federation, appoints and dismisses the Minister of Defense, appoints and dismisses the high command of the Armed Forces.

Based on this, it follows that the President of the Russian Federation has a huge responsibility in the field of defense and that among other supreme bodies of state power, he has the broadest powers to lead the Armed Forces of the Russian Federation.

The President of the Russian Federation, in order to exercise his powers to lead the Armed Forces, applies the same organizational and legal forms in which he manages other branches of state activity; his decrees are of primary importance. However, the leadership of the Armed Forces has certain characteristics that are most clearly manifested in wartime conditions. Taking this into account, special organizational and legal forms of leadership of the Armed Forces are provided for by the Supreme Commander-in-Chief of the Armed Forces: within the limits of his powers, he issues orders and directives of the Supreme Commander-in-Chief of the Armed Forces.

Thus, the President of the Russian Federation occupies an independent and extremely important place in the system of ensuring the security of the state and the armed protection of its citizens. His powers are aimed at creating conditions for interaction between all branches of government to protect the state sovereignty of Russia and strengthen the country's defense capability. The President of the Russian Federation, as the Supreme Commander-in-Chief of the Armed Forces, has special responsibility for the state of the Russian Armed Forces and their readiness to defend their state and their people.

Supreme Commander-in-Chief Supreme Commander-in-Chief of the Armed Forces of the Russian Federation The Supreme Commander-in-Chief of the Armed Forces of the Russian Federation is the President of the Russian Federation. In the event of aggression against the Russian Federation or an immediate threat of aggression, he introduces martial law on the territory of the Russian Federation or in certain localities in order to create conditions for repelling or preventing it, with immediate notification of this to the Federation Council and the State Duma for approval of the corresponding decree. To resolve the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation, a corresponding resolution of the Federation Council is required. In peacetime, the head of state exercises general political leadership of the Armed Forces, and in wartime he directs the defense of the state and its Armed Forces to repel aggression. The President of Russia also forms and heads the Security Council of the Russian Federation (clause “g” of Article 83 of the Constitution); approves military doctrine

Russian Federation; appoints and dismisses the high command of the Armed Forces of the Russian Federation. The President, as the Supreme Commander-in-Chief, approves the Military Doctrine of Russia, the concept and plans for the construction of the Armed Forces, the mobilization plan of the Armed Forces, mobilization plans for the economy, the civil defense plan and other acts in the field of military development. The head of state also approves general military regulations, regulations on the Ministry of Defense and the General Staff. The President annually issues decrees on conscription into military service, on the transfer to the reserve of persons of certain ages who have served in the Armed Forces, and signs international treaties on joint defense and military cooperation.

Ministry of Defense The Ministry of Defense of the Russian Federation (Ministry of Defense of Russia) is the governing body of the Armed Forces of the Russian Federation. The main tasks of the Ministry of Defense include the development and implementation of state policy in the field of defense; legal regulation in the field of defense; organizing the use of the Armed Forces in accordance with federal constitutional laws, federal laws and international treaties of the Russian Federation; maintaining the necessary readiness of the Armed Forces; implementation of measures to build the Armed Forces; ensuring social protection of military personnel, civilian personnel of the Armed Forces, citizens discharged from military service, and members of their families; development and implementation of state policy in the field of international military cooperation. The Ministry carries out its activities directly and through the governing bodies of military districts, other military command and control bodies, territorial bodies, and military commissariats.

The Ministry of Defense is headed by the Minister of Defense of the Russian Federation, who is appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government. The Minister reports directly to the President of the Russian Federation, and on issues assigned to the Government by the Constitution of the Russian Federation, federal constitutional laws, federal laws and decrees of the President, to the Chairman of the Government. The Minister bears personal responsibility for solving problems and implementing powers assigned to the Ministry of Defense and the Armed Forces, and carries out his activities on the basis of unity of command. The ministry has a board consisting of the Minister, his first deputies and deputies, heads of services of the ministry, and commanders-in-chief of the branches of the Armed Forces. The current Minister of Defense is Anatoly Serdyukov.

General Staff Chief of the General Staff, General of the Army Nikolai Makarov The General Staff of the Armed Forces of the Russian Federation is the central body of military command and control and the main body of operational control of the Armed Forces. The General Staff coordinates the activities of the border troops and federal security service agencies, internal troops of the Ministry of Internal Affairs, Railway Troops, the federal body for special communications and information, civil defense troops, engineering and technical and road construction military formations, the Foreign Intelligence Service of the Russian Federation, federal state security agencies , the federal body for ensuring mobilization training of government bodies to carry out tasks in the field of defense, construction and development of the Armed Forces, as well as their use. The General Staff consists of main directorates, directorates and other structural units.

The main tasks of the General Staff include the implementation of strategic planning for the use of the Armed Forces, other troops, military formations and bodies, taking into account their tasks and the military-administrative division of the country; conducting operational and mobilization training of the Armed Forces; transfer of the Armed Forces to the organization and composition of wartime, organization of strategic and mobilization deployment of the Armed Forces, other troops, military formations and bodies; coordination of activities related to military registration activities in the Russian Federation; organization of intelligence activities for defense and security purposes; planning and organizing communications; topographic and geodetic support of the Armed Forces; implementation of activities related to the protection of state secrets; conducting military scientific research.

Structure of the Armed Forces of the Russian Federation The Armed Forces consist of three branches of the Armed Forces, three branches of the armed forces, the Logistics of the Armed Forces, the Housing and Accommodation Service of the Ministry of Defense and troops not included in the branches of the Armed Forces. Geographically, the Armed Forces are divided between 4 military districts: Western Military District - headquarters in St. Petersburg; Southern Military District - headquarters in Rostov-on-Don; Central Military District - headquarters in Yekaterinburg; Eastern Military District - headquarters in Khabarovsk.

Types of the Armed Forces Ground forces, ground forces, are the largest branch of the Armed Forces in terms of combat strength. Ground forces are intended to conduct an offensive in order to defeat the enemy group, seize and hold its territories, regions and borders, deliver fire strikes to great depths, and repel enemy incursions and large airborne assaults. The Ground Forces of the Russian Federation, in turn, include branches of the armed forces.

Motorized rifle troops, MSV - the largest branch of the ground forces, are mobile infantry armed with infantry fighting vehicles and armored personnel carriers. They consist of motorized rifle formations, units and subunits, which include motorized rifle, artillery, tank and other units and subunits.

Tank troops, TV - the main striking force of the ground forces, maneuverable, highly mobile and resistant to the effects of nuclear weapons, troops designed to carry out deep breakthroughs and develop operational success, are capable of immediately overcoming water obstacles for fording and on crossing facilities. Tank troops consist of tank, motorized rifle (mechanized, motorized infantry), missile, artillery and other units and units.

Rocket troops and artillery, RV. And they are intended for fire and nuclear destruction of the enemy. They are armed with cannon and rocket artillery. They consist of formations of units and units of howitzer, cannon, rocket, anti-tank artillery, mortars, as well as artillery reconnaissance, control and support.

Air Defense Forces of the Ground Forces, Air Defense Forces - a branch of the ground forces designed to protect ground forces from enemy air attack weapons, to defeat them, as well as to prohibit their aerial reconnaissance. The SV air defense is armed with mobile, towed and man-portable anti-aircraft missile and anti-aircraft gun systems.

Special forces are a set of troops and services of the ground forces designed to carry out highly specialized operations to support the combat and daily activities of the armed forces. The special forces consist of the Engineering Troops, Signal Troops, Electronic Warfare Troops, Railway Troops, Automobile Troops, etc.

Air Force Air Force, Air Force - a branch of the Armed Forces designed to conduct reconnaissance of enemy groups, ensure the conquest of air superiority (deterrence), protection from air strikes of important military-economic regions and objects of the country and groupings of troops, warning of air attack , destruction of objects that form the basis of the enemy’s military and military-economic potential, air support of ground forces and naval forces, airborne landings, transportation of troops and materiel by air. The Russian Air Force includes:

Long-range aviation is the main strike weapon of the Air Force, designed to destroy (including nuclear) groups of troops, aviation, and naval forces of the enemy and destroy its important military, military-industrial, energy facilities, communications centers in strategic and operational depths . It can also be used for aerial reconnaissance and mining from the air.

Front-line aviation is the main strike force of the Air Force, solves problems in combined arms, joint and independent operations, and is designed to destroy enemy troops and targets in operational depth in the air, on land and at sea. Can be used for aerial reconnaissance and mining from the air.

Army aviation is intended to provide air support to the Ground Forces by destroying enemy ground-based armored mobile targets at the front line and in tactical depth, as well as to ensure combined arms combat and increase the mobility of troops. Army aviation units and units perform fire, airborne transport, reconnaissance and special combat missions.

Military transport aviation provides air transportation of troops, military equipment and cargo, as well as airborne landings.

Anti-aircraft missile forces, air defense missile forces are designed to protect important administrative and economic regions and objects of Russia from air attacks.

Radio technical troops, RTV are intended for conducting radar reconnaissance, issuing information for radar support of units of anti-aircraft missile forces and aviation, as well as for monitoring the use of airspace.

Navy The Navy is a branch of the armed forces designed to conduct search and rescue operations, protect the economic interests of Russia, and conduct combat operations in sea and ocean theaters of military operations. The Navy is capable of delivering conventional and nuclear strikes against enemy sea and coastal forces, disrupting its sea communications, landing amphibious assault forces, etc. The Russian Navy consists of four fleets: the Baltic, Northern, Pacific and Black Sea and Caspian Flotilla. The Navy includes:

Submarine forces are the main striking force of the fleet. Submarine forces are capable of secretly entering the ocean, approaching the enemy and delivering a sudden and powerful strike against him using conventional and nuclear means. The submarine forces include multipurpose/torpedo ships and guided missile cruisers.

Surface forces provide covert access to the ocean and the deployment of submarine forces and their return. Surface forces are capable of transporting and covering landings, laying and removing minefields, disrupting enemy communications and protecting their own.

Naval aviation is the aviation component of the Navy. There are strategic, tactical, carrier-based and coastal aviation. Naval aviation is designed to carry out bombing and missile attacks on enemy ships and coastal forces, conduct radar reconnaissance, search for submarines and destroy them.

Coastal troops are designed to protect naval bases and fleet bases, ports, important sections of the coast, islands and straits from attacks by enemy ships and amphibious assault forces. The basis of their weapons are coastal missile systems and artillery, anti-aircraft missile systems, mine and torpedo weapons, as well as special coastal defense ships. To ensure defense by troops on the coast, coastal fortifications are created.

The Marine Corps is a branch of the Navy, designed primarily to conduct (independently or jointly with ground forces) amphibious operations and coastal defense from enemy amphibious assaults.

Navy special forces - units of the Navy, designed to carry out sabotage on the territory of enemy naval bases and in coastal areas, and conduct reconnaissance.

Independent branches of the military Space forces are an independent branch of the military, designed to convey warning information about a missile attack, missile defense of Moscow, the creation, deployment, maintenance and management of an orbital constellation of spacecraft for military, dual, socio-economic and scientific purposes. The complexes and systems of the Space Forces solve problems of a national strategic scale not only in the interests of the Armed Forces and other law enforcement agencies, but also of most ministries and departments, the economy, and the social sphere. The structure of the Space Forces includes:

The first state test cosmodrome "Plesetsk" (until 2007 the Second state test cosmodrome "Svobodny" also functioned, until 2008 - the Fifth state test cosmodrome "Baikonur", which later became a purely civilian cosmodrome) Launch of military-purpose spacecraft Launch of dual-use spacecraft Main Test Center for Testing and Control of Space Facilities named after G. S. Titov Directorate for the Commissioning of RKO Facilities Military educational institutions and support units (The main educational institution is the A. F. Mozhaisky Military Space Academy)

Strategic Missile Forces Strategic Missile Forces are a branch of the Armed Forces, the main component of Russia's strategic nuclear forces. The Strategic Missile Forces are designed for nuclear deterrence of possible aggression and destruction as part of strategic nuclear forces or independently by massive, group or single nuclear missile strikes of strategic targets located in one or more strategic aerospace directions and forming the basis of the enemy’s military and military-economic potential. The Strategic Missile Forces are armed with ground-based intercontinental ballistic missiles with nuclear warheads.

three missile armies (headquarters in the cities of Vladimir, Orenburg, Omsk) 4th State Central Interspecific Test Site Kapustin Yar (which also includes the former 10th Test Site Sary. Shagan in Kazakhstan) 4th Central Research Institute (g Yubileiny Moscow region) educational institutions (Peter the Great Military Academy in Moscow, military institutes in the cities of Serpukhov, Rostov-on-Don) arsenals and central repair plants, storage bases for weapons and military equipment

Airborne troops Airborne troops are an independent branch of the military, which includes airborne formations: airborne and air assault divisions and brigades, as well as individual units. Airborne forces are designed for operational landing and combat operations behind enemy lines. The Airborne Forces have 4 divisions: 7th (Novorossiysk), 76th (Pskov), 98th (Ivanovo), 106th (Tula), Training Center (Omsk), Higher Ryazan School, 38th Signal Regiment , 45th reconnaissance regiment, 31st brigade (Ulyanovsk). In addition, in military districts (subordinate to the district or army) there are airborne (or air assault) brigades that do not belong to the Airborne Forces.

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.

Commentary on Article 87 of the Constitution of the Russian Federation

1. The President, being the head of state, determines the main directions of both domestic and foreign policy. Its constitutional duty is to take measures to protect the sovereignty of the Russian Federation, its independence and state security. In addition, a number of articles of the Constitution establish the powers of the President in the field of defense and military development.

All this led to the entrustment of the duties of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation to the President. It should be noted that combining these positions is widespread in international practice.

The competence of the President as Commander-in-Chief of the Armed Forces is enshrined directly in the Constitution. In addition to those mentioned above, his terms of reference include: formation and leadership of the Security Council; approval of the military doctrine of the Russian Federation; management of the activities of individual power ministries and departments; appointment and dismissal of the highest command of the Armed Forces; introducing bills to the State Duma, including on military development issues; assignment of the highest military ranks.

The powers of the President are most fully enshrined in the Federal Law “On Defense”. Defense is understood as a system of political, economic, military, social, legal measures to prepare for armed defense and armed defense of the Russian Federation. For defense purposes, the Armed Forces are created. However, it follows from the very legislative definition of the concept of defense that defense is not limited to the activities of the Armed Forces. Internal troops of the Ministry of Internal Affairs of Russia and civil defense troops are involved in the defense. To carry out individual defense tasks, engineering, technical and road construction military formations under federal executive authorities, railway troops, the Foreign Intelligence Service, federal security service agencies, the federal special communications and information agency, federal state security agencies, mobilization training agencies, etc. are involved. .

Such a broad content of defense presupposes the consolidation of a number of powers of the President as Commander-in-Chief of the Armed Forces in this area. The main powers were regulated in the Federal Law “On Defense”. These include: determining the main directions of the military policy of the Russian Federation; approval of military doctrine; leadership of the Armed Forces, troops, military formations and bodies; declaration in certain cases of martial law, announcement of the order of the Supreme Commander-in-Chief of the Armed Forces on the conduct of military operations; making a decision to use the Armed Forces to carry out tasks using weapons other than their intended purpose; approval of plans for the construction and development of the Armed Forces, a plan for their use, a mobilization plan, a plan for transferring to work in wartime conditions, a plan for creating stocks of material assets of the state and mobilization reserves. It also approves federal state programs for armaments and the development of the defense industrial complex, nuclear and other special testing programs and authorizes their implementation.

Directly in the field of military development, the President, as Supreme Commander-in-Chief, approves a unified list of military positions to be filled by senior officers, the total number of military positions to be filled by colonels (captains of the 1st rank); assigns the highest military ranks; appoints military personnel to positions for which the state provides for the military ranks of senior officers and dismisses them from military service.

As the Supreme Commander-in-Chief, the President approves the structure, composition of the Armed Forces, other troops, military formations up to and including unification, the staffing level of military personnel and civilian personnel in the Armed Forces, other troops, military formations and bodies; makes decisions on the deployment and redeployment of the Armed Forces from the formation and above.

The President approves general military regulations, provisions: on the battle flag of a military unit; Naval flag; order of military service; military councils; military commissariats, military transport duties.

It also approves regulations on the Russian Ministry of Defense and federal executive bodies authorized in the field of troop control; Regulations on Territorial Defense and Civil Defense Plan; plans for the placement on the territory of the Russian Federation of facilities with nuclear charges and facilities for the elimination of weapons of mass destruction and nuclear waste.

By issuing decrees on the conscription of citizens for military service and military training, the President determines the number of conscripted citizens and distributes them among the Armed Forces, other troops, military formations and bodies. The President issues decrees on the dismissal from military service of persons who have completed military service under conscription.

The powers of the President in the field of defense and military development are also contained in other acts: the Law on Military Duty, the federal laws “On mobilization preparation and mobilization in the Russian Federation”, “On the status of military personnel”, “On the state defense order”, etc.

2. Martial law is understood as a special legal regime introduced on the territory of the Russian Federation or in its individual localities in the event of aggression against the Russian Federation or an immediate threat of aggression. Martial law is introduced by the President with immediate notification of this to the Federation Council and the State Duma.

The Presidential Decree on the introduction of martial law is subject to immediate publication and promulgation through radio and television channels. The decree is immediately submitted for approval to the Federation Council, which, within 48 hours of receipt, is obliged to consider the issue of its approval. The decision to approve the decree is made by a simple majority of votes from the total number of members of the Federation Council and is formalized by a resolution. The resolution is also drawn up if the Federation Council does not approve the decree introducing martial law. A presidential decree on the introduction of martial law, not approved by the Federation Council, ceases to be valid from the next day after such a decision is made, about which the population is notified in the same manner as they were notified about the introduction of martial law.

3. The martial law regime is determined by the Federal Constitutional Law “On Martial Law”. According to this Law, martial law means a special legal regime introduced on the territory of the Russian Federation or in its individual localities in accordance with the Constitution by the President in the event of aggression against the Russian Federation or an immediate threat of aggression.

In accordance with generally accepted norms of international law, aggression against Russia is the use of armed force by a foreign state (group of states) against the sovereignty, political independence and territorial integrity of the Russian Federation or in any other way incompatible with the UN Charter. Acts of aggression are recognized as: an invasion or attack by the armed forces of a foreign state on the territory of the Russian Federation, any military occupation and annexation of the territory of the Russian Federation or part of it using armed force; bombing of the territory of the Russian Federation or the use of any weapons by a foreign state; blockade of ports or coasts of the Russian Federation by the armed forces of foreign states; an attack on the Armed Forces of the Russian Federation, regardless of their location, etc. An immediate threat of aggression against Russia may be recognized as actions of a foreign state (group of states) committed in violation of the UN Charter, generally recognized principles and norms of international law and directly indicating preparation for an act of aggression against Russian Federation, including a declaration of war against it.

In the territory where martial law has been introduced, the following measures are applied: strengthening the protection of public order and ensuring public safety, the protection of military, important special and government facilities that ensure the livelihoods of the population, the functioning of transport, communications and communications, energy facilities, as well as facilities representing increased danger to human life and health and to the environment; introduction of a special regime for the operation of facilities that ensure the operation of transport, communications and communications, and energy facilities; evacuation of economic, social and cultural facilities, as well as temporary resettlement of residents to safe areas with the mandatory provision of permanent or temporary residential premises to such residents; introduction and enforcement of a special regime for entry into and exit from the territory where martial law has been introduced, as well as restriction of movement within it; suspension of the activities of political parties, other public associations, religious associations conducting propaganda and (or) agitation, as well as other activities that undermine the defense and security of the Russian Federation under martial law; involving citizens in the manner established by the Government of the Russian Federation in performing work for defense needs; eliminating the consequences of the enemy’s use of weapons; restoration of destroyed objects, etc.

During martial law, certain restrictions are imposed on some other rights and freedoms. In particular, in accordance with federal laws, property necessary for defense needs may be confiscated from organizations and citizens, with subsequent payment by the state of the value of the confiscated property; a ban or restriction on the choice of place of stay or place of residence, a ban or restriction on holding rallies, meetings, etc., and a ban on strikes are introduced; restricting the movement of vehicles and carrying out their inspection; establishing a curfew, checking documents and personal searches of citizens, their belongings and homes, and vehicles. On the grounds established by law - detention of citizens for a period of no more than 30 days. Prohibition and seizure, in cases provided by law, of weapons and ammunition, explosives and toxic substances. Under martial law, military censorship is introduced; internment (isolation) of citizens of a state at war with the Russian Federation is carried out; The activities of foreign and international organizations are terminated if they carry out activities aimed at undermining the defense and security of the Russian Federation.

In the territory where martial law has been introduced, referendums and elections to bodies of state power and local self-government are not held. During this period, measures of temporary restrictions on economic and financial activities, etc. may be introduced.

The Federal Constitutional Law "On Martial Law" defines the forces and means to ensure the martial law regime; regulates in detail the powers of the President, the Government, federal executive authorities and the authorities of the constituent entities of the Federation in the field of ensuring the martial law regime.

Constitution in Part 3 of Art. 118 prohibits the creation of emergency courts. Therefore, even in wartime conditions, in the territory where martial law has been introduced, courts established by the Basic Law operate. Legal proceedings are also carried out in accordance with federal laws. Although, as the experience of implementing martial law during the Great Patriotic War showed, certain changes can be made legislatively to this legal procedure.

Martial law introduced on the territory of the Russian Federation or in its individual localities is canceled by presidential decree after the elimination of the circumstances that served as the basis for its introduction, about which the population is notified.

In the event of the introduction of martial law, the President takes measures to notify the UN Secretary General (through him - all participants of the Organization) and inform the Secretary General of the Council of Europe about the Russian Federation’s deviation from its obligations under international treaties related to the restriction of the rights and freedoms of citizens.

The president of the country is a key figure in the system of government bodies. According to its legal status, it has broad powers and has a significant influence on both the internal policy of the state and its foreign policy. The character and direction of the country's development, as well as the state of the Armed Forces, largely depend on the personality of the President.

The state in any society is the central element of the political system, a means of establishing and maintaining public order, coordinating the interests of various segments of the population. The most important principle of the constitutional system of the Russian Federation, as a rule of law state, is the principle of the supremacy of law. The most important expression of the legitimacy of the power of the President of the Russian Federation is his popular election in accordance with the developed legal norms.

The president(from Latin - sitting in front) - an elected head of state in modern states with a republican form of government. Being the highest official of the state, he is elected by citizens, parliament or a special board for a certain term.

The position of the President has become widespread in a number of countries around the world. In some countries, the president is elected by the legislative body (Germany, Italy) and in his activities largely depends on the parliament and is accountable to it. It is no coincidence that these states are usually called parliamentary republics .

Unlike parliamentary republics, in presidential republics the head of state has broader powers; he can also be the head of the executive branch or have other fairly broad opportunities to actually influence it. In a system of supreme government bodies of this type, the President is an official independent from parliament, elected directly by the population of the country (for example, in France), or through indirect elections - through an electoral college formed by the population (as happens in the USA). In all cases, a presidential republic is distinguished by a strong executive branch.

Shortly before the collapse of the USSR, the institution of presidency appeared in its constitutional law. On March 15, 1990, as a result of elections at the Congress of People's Deputies of the USSR, the first President in the history of the country, M.S., was elected. Gorbachev.

In the Russian Federation, which proclaimed the principle of separation of powers, the post of President of the Republic was established on April 24, 1991. On that day, Chairman of the Supreme Council of the RSFSR B.N. Yeltsin signed laws of the RSFSR No. 1096-1 “On the election of the President of the RSFSR” and No. 1098-1 “On the President of the RSFSR”. A citizen no younger than 35 and no older than 65 years of age, who had the right to vote in accordance with current legislation, could be elected President of the RSFSR.

The presidential elections in the Russian Federation in June 1991 were general and direct. They were carried out according to the absolute majority majority system. The second round was not held, since already in the first round B.N. was elected President of the Republic. Yeltsin, who received the majority of votes from voters who took part in the elections. He was significantly ahead of the other five candidates and became the first President of the country for a term of five years.

The Constitution of the Russian Federation, adopted in 1993, significantly strengthened the position of the President (thus, the entirety of executive power was concentrated in his hands). By calling the President the head of state, the Constitution gave him a wide range of powers.

According to Article 80 of the Constitution of the Russian Federation, the President of Russia is the head of state, the guarantor of the Constitution, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, the President:

– takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity;

– ensures the coordinated functioning and interaction of government bodies;

– in accordance with the legislation, determines the main directions of the state’s domestic and foreign policy;

– as the head of state represents the Russian Federation within the country and in international relations.

The Constitution of the Russian Federation reserves the right of the President to: call elections and dissolve the State Duma; call a referendum; introduce bills to the State Duma; sign and promulgate federal laws; address the Federal Assembly with annual messages on the situation in the country, on the main directions of domestic and foreign policy.

President of Russian Federation:

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

– makes a decision on the resignation of the Government of the Russian Federation;

– 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;

– at the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses Deputy Chairman of the Government of the Russian Federation and federal ministers;

– forms the Administration of the President of the Russian Federation;

– appoints and dismisses authorized representatives of the President of the Russian Federation;

– 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.

The legal accountability of the Government of the Russian Federation to the President is clearly manifested in the fact that the President has the right to preside over meetings of the Government (clause “b” of Article 83 of the Constitution of the Russian Federation). Decrees and orders of the President are mandatory for execution throughout the country (clause 2 of Article 90). The head of state, in case of conflict with the law, has the right to cancel decrees and orders of the Government of the Russian Federation (clause 3 of Article 115), and his decrees relate to the system of acts that form the legal basis for the activities of the Government (Article 113, clause “g” of Article 114). The President has the right to suspend acts of executive authorities of 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 (clause 2 of Article 85).

In relation to the judiciary, the position of the President is determined by the obligation to present 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, and to submit to the Federation Council a proposal for dismissal from office Prosecutor General of the Russian Federation; appoint judges of other federal courts.

As the head of state, the President: manages the foreign policy of the Russian Federation; negotiates and signs international treaties; signs instruments of ratification; accepts credentials and letters of recall from diplomatic representatives accredited to him; resolves issues of citizenship of the Russian Federation and granting political asylum; awards state awards of the Russian Federation, confers honorary titles of the Russian Federation, the highest special titles; grants pardon.

The official residence of the President of the Russian Federation is the Kremlin, Moscow. The symbol of presidential power is the standard (flag), which is a square panel in the colors of the state flag of the Russian Federation with a golden image of the state coat of arms in the center. On the staff of the standard (flag) there is a silver bracket with the engraved surname, first name and patronymic of the President and the dates of his tenure in this post.

The Constitution provides for the possibility of early termination of the powers of the President of the Russian Federation: in the event of his resignation; persistent inability for health reasons to exercise his powers (clause 2 of Article 92); in the event of his removal from office.

The removal from office of the President of the Russian Federation occurs by decision of the Federation Council of the Federal Assembly, which is adopted on the basis of an accusation brought by the State Duma of the President 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 and the conclusion of the Constitutional Court of the Russian Federation Federation on compliance with the established procedure for bringing charges. The decision of the State Duma to bring charges and the decision of the Federation Council to impeach 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.

In case of early termination of the exercise of powers, the election of a new President must take place no later than three months from the date of early termination of the exercise of powers.

The powers of the President of the Russian Federation in the field of ensuring military security are defined in the Constitution of the Russian Federation and detailed in other legislative acts of Russia, primarily in the Federal Law of May 31, 1996 No. 61-FZ (as amended on December 30, 1999) “On Defense”.

Article 87 of the Constitution establishes that the President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. 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. The martial law regime is determined by the Federal Constitutional Law of January 30, 2002 No. 1-FKZ “On Martial Law”.

The President of the Russian Federation, on the basis of Article 4 of the Federal Law “On Defense”:

– determines the main directions of the military policy of the Russian Federation;

– approves the military doctrine of the Russian Federation;

– exercises leadership of the Armed Forces of the Russian Federation, other troops, military formations and bodies;

– in cases of aggression or an immediate threat of aggression against the Russian Federation, the outbreak of armed conflicts directed against the Russian Federation, declares general or partial mobilization, 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, gives an order to the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation on the conduct of military operations;

– enacts wartime regulatory legal acts and terminates them, forms and abolishes executive authorities for the period of wartime in accordance with the federal constitutional law on martial law;

– makes, in accordance with federal laws, a decision on the involvement of the Armed Forces of the Russian Federation, other troops, military formations and bodies in carrying out tasks using weapons other than their intended purpose;

– approves concepts and plans for the construction and development of the Armed Forces of the Russian Federation, other troops, military formations and bodies, the Plan for the use of the Armed Forces of the Russian Federation, the Mobilization Plan of the Armed Forces of the Russian Federation, as well as plans for the transfer (mobilization plans) of bodies to work in wartime conditions state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments and the country's economy, plans for creating reserves of material assets of the state and mobilization reserves and the Federal State Program for the operational equipment of the territory of the Russian Federation for defense purposes;

– approves federal state programs for armament and development of the defense industrial complex;

– approves programs of nuclear and other special tests and authorizes the conduct of these tests;

– approves a unified list of military positions to be filled by senior officers in the Armed Forces of the Russian Federation, 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 of the Russian Federation, other troops, military formations and bodies, assigns the highest military ranks, appoints military personnel to military positions for which the state provides for the military ranks of senior officers, releases them from military positions and dismisses them from military service in the manner prescribed by federal law;

– approves the structure, composition of the Armed Forces of the Russian Federation, other troops, military formations up to and including unification and bodies, as well as the staffing level of military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies;

– makes decisions on the deployment and redeployment of the Armed Forces of the Russian Federation, other troops, military formations from the formation and above;

– approves general military regulations, provisions on the Battle Banner of a military unit, the Naval Flag of the Russian Federation, the procedure for military service, military councils, military commissariats, military transport duties;

– approves the regulations on the Ministry of Defense of the Russian Federation and the General Staff of the Armed Forces of the Russian Federation, as well as regulations on the command and control bodies of other troops, military formations and bodies;

– approves the Regulations on Territorial Defense and the Civil Defense Plan;

– approves plans for the placement on the territory of the Russian Federation of facilities with nuclear charges, as well as facilities for the elimination of weapons of mass destruction and nuclear waste;

– negotiates and signs international treaties of the Russian Federation in the field of defense, including treaties on joint defense, collective security, reduction and limitation of armed forces and weapons, on the participation of the Armed Forces of the Russian Federation in peacekeeping operations and international security;

– issues decrees on the conscription of citizens of the Russian Federation for military service, military training (indicating the number of conscripted citizens of the Russian Federation and their distribution between the Armed Forces of the Russian Federation, other troops, military formations and bodies), as well as on the dismissal of citizens of the Russian Federation from military service undergoing military service upon conscription in the manner prescribed by federal law;

– approves the maximum number of military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies for secondment to federal government bodies.

The primary role of the head of state as the highest official is defined in the oath that the President of Russia takes to the population of the country upon taking office: “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 protect the Constitution of the Russian Federation, to protect sovereignty and independence, security and integrity of the state, to faithfully serve the people.”

In order to begin to exercise the powers of the President, a citizen of the Russian Federation must go through the election procedure, where theoretically every member of society who is able to adequately express the interests of any social community can be elected as the President of the country.

From an organizational and technical point of view, the election of the President of the country is a complex and large-scale event that requires the attraction of significant resources, and therefore detailed regulatory regulation.

The procedure for electing the President of the Russian Federation is determined by federal law dated January 10, 2003 No. 19-FZ “On the election of the President of the Russian Federation.” We have to consider its main provisions.