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Яндекс цитирования


21.12.2024, суббота. Московское время 19:38


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Chapter 4. President of the Russian Federation

Article 80.

Article 81.

Article 82.

Article 83.

Article 84.

Article 85.

Article 86.

Article 87.

Article 88.

Article 89.

Article 90.

Article 91.

Article 92.

Article 93.

Article 96.

Article 97.

Article 98.

Article 99.

Article 100.

Article 101.

Article 102.

Article 103.

Article 104.

Article 105.

Article 106.

Article 107.

Article 108.

Article 109.


Article 80.

1. The President of the Russian Federation shall be the head of state.

2. The President shall be the guarantor of the Constitution of the Russian Federation, and of human and civil rights and freedoms. In accordance with the procedure established by the Constitution of the Russian Federation, he shall take measures to protect the sovereignty of the Russian Federation, its independence and state integrity, and ensure concerted functioning and interaction of all bodies of state power.

3. The President of the Russian Federation shall define the basic domestic and foreign policy guidelines of the state in accordance with the Constitution of the Russian Federation and federal laws.

4. The President of the Russian Federation as head of state shall represent the Russian Federation inside the country and in international relations.

Article 81.

1. The President of the Russian Federation shall be elected for a term of four years by the citizens of the Russian Federation on the basis of general, equal and direct vote by secret ballot.

2. A citizen of the Russian Federation not younger than 35, who has resided in the Russian Federation for not less than 10 years, may be elected President of the Russian Federation.

3. No one person shall hold the office of President of the Russian Federation for more than two terms in succession.

4. The procedure for electing the President of the Russian Federation shall be determined by federal law.

Article 82.

1. At his inauguration the President of the Russian Federation shall take the following oath to the people: «I vow, in the performance of my powers as the President of the Russian Federation to respect and protect the rights and freedoms of man and citizen, to observe and protect the Constitution of the Russian Federation, to protect the sovereignty and independence, security and integrity of the state and to serve the people faithfully.»

2. The oath shall be taken in a solemn atmosphere in the presence of members of the Council of the Federation, deputies of the State Duma and Constitutional Court Justices of the Russian Federation.

Article 83.

The President of the Russian Federation shall:

    - appoint Chairman of the Government of the Russian Federation subject to consent of the State Duma;

    - have the right to preside over meetings of the Government of the Russian Federation;

    - decide on resignation of the Government of the Russian Federation;

    - introduce to the State Duma a candidature for appointment to the office of the Chairman of the Central Bank of the Russian Federation; submit to the State Duma the proposal on relieving the Chairman of the Central Bank of the Russian Federation of his duties;

    - appoint and dismiss deputy chairmen of the Government of the Russian Federation and federal ministers as proposed by the Chairman of the Government of the Russian Federation;

    - submit to the Federation Council candidates for appointment to the office of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation as well as the candidate for Prosecutor- General of the Russian Federation; submit to the Federation Council the proposal on relieving the Prosecutor-General of the Russian Federation of his duties; appoint the judges of other federal courts.

    - form and head the Security Council of the Russian Federation, the status of which is determined by federal law;

    - endorse the military doctrine of the Russian Federation;

    - form the staff of the President of the Russian Federation;

    - appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;

    - appoint and dismiss the Supreme Command of the Armed Forces of the Russian Federation;

    - appoint and recall, after consultations with the resp ective committees or commissions of the Federal Assembly, diplomatic representatives of the Russian Federation to foreign states and international organizations.

Article 84.

The President of the Russian Federation shall:

    - call elections to the chambers of the State Duma in accordance with the Constitution of the Russian Federation and federal law;

    - dissolve the State Duma in cases and under procedures envisaged by the Constitution of the Russian Federation;

    - call a referendum under procedures established by federal constitutional law;

    - introduce draft laws in the State Duma;

    - sign and publish federal laws;

    - present annual messages to the Federal Assembly on the situation in the country and on basic directions of the internal and external policies of the state.

Article 85.

1. The President of the Russian Federation may use dispute-settlement procedures to settle differences between organs of state power of the Russian Federation and organs of state power of the subjects of the Russian Federation, and also between organs of state power of the subjects of the Russian Federation. If no decision is agreed upon, he may turn the dispute over for review by the respective court of law.

2. The President of the Russian Federation shall have the right to suspend acts by organs of executive power of the subjects of the Russian Federation if such acts contravene the Constitution of the Russian Federation and federal laws, the international obligations of the Russian Federation, or violate human and civil rights and liberties, pending the resolution of the issue in appropriate court.

Article 86.

The President of the Russian Federation shall:

    - supervise the conduct of the foreign policy of the Russian Federation;

    - conduct negotiations and sign international treaties of the Russian Federation;

    - sign instruments of ratification;

    - accept credentials and instruments of recall of diplomatic representatives accredited with him.

Article 87.

1. The President of the Russian Federation shall be 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 thereof, the President of the Russian Federation shall introduce martial law on the territory of the Russian Federation or in areas thereof with immediate notification thereof of the Federation Council and the State Duma.

Article 88.

Under the circumstances and procedures envisaged by the Federal Constitutional Law, the President of the Russian Federation shall impose a state of emergency on the territory of the Russian Federation or in areas thereof with immediate notification of the Federation Council and the State Duma.

Article 89.

The President of the Russian Federation shall:

    - resolve issues of citizenship of the Russian Federation and of granting political asylum;

    - award state decorations of the Russian Federation, confer honorary titles of the Russian Federation and top military ranks and top specialized titles;

    - grant pardon.

Article 90.

1. The President of the Russian Federation shall issue decrees and executive orders.

2. The decrees and orders of the President of the Russian Federation shall be binding throughout the territory of the Russian Federation.

3. The decrees and orders of the President of the Russian Federation may not contravene the Constitution of the Russian Federation or federal laws.

Article 91.

The President of the Russian Federation shall possess immunity.

Article 92.

1. The President of the Russian Federation shall assume his powers from the time he shall be sworn in and terminate his exercise of such powers with the expiration of his tenure of office from the time the newly-elected President of the Russian Federation shall have been sworn in.

2. The powers of the President of the Russian Federation shall be terminated in the event of his resignation or sustained inability due to health to discharge his powers or in the event of impeachment. In such cases new elections of the President of the Russian Federation shall be held not later than three months after the early termination of the President's powers.

3. In all cases when the President of the Russian Federation shall be unable to perform his duties such duties shall be temporarily performed by the chairman of the Government of the Russian Federation. The acting president of the Russian Federation shall have no right to dissolve the State Duma, call a referendum or make proposals on amendment or revision of the provisions of the Constitution of the Russian Federation.

Article 93.

1. The President of the Russian Federation may be impeached by the Federation Council only on the basis of charges put forward against him of high treasonive bodies of state authority.

2. The State Duma shall consist of 450 deputies.

Article 96.

1. The State Duma shall be elected for a term of four years.

2. The procedure for forming the Federation Council and the procedure for electing deputies to the State Duma shall be established by federal law.

Article 97.

1. Any citizen of the Russian Federation aged 21 and older who has the right to take part in elections may be elected deputy to the State Duma.

2. One and the same person may not concurrently be a deputy to the Federation Council and to the State Duma. A deputy to the State Duma may not be a deputy to any other representative body of state power or bodies of local self-government.

3. The deputies to the State Duma shall work on a permanent professional basis. Deputies to the State Duma may not be employed in the civil service or engage in any activities for remuneration other than teaching, research or other creative activities.

Article 98.

1. Deputies to the Federation Council and deputies to the State Duma shall possess immunity throughout their term in office. A deputy may not be detained, arrested, searched except when detained in the act of perpetrating a crime, and may not be subject to personal search except when such search shall be authorized by law to ensure the safety of other people.

2. The question of stripping a deputy of immunity shall be decided on the recommendation of the Prosecutor-General of the Russian Federation by the corresponding chamber of the Federal Assembly.

Article 99.

1. The Federal Assembly shall be a permanent body.

2. The State Duma shall hold its first session on the 30th day after its election. The President of the Russian Federation may convene a session of the State Duma before this term.

3. The first session of the State Duma shall be opened by the oldest deputy.

4. From the start of the work of the new State Duma the powers of the previous State Duma shall cease.

Article 100.

1. The Federation Council and the State Duma shall sit separately.

2. The sessions of the Federation Council and the State Duma shall be open. Each chamber has the right to hold closed sessions as envisaged by its rules.

3. The chambers may have joint sessions to hear the addresses of the President of the Russian Federation, addresses of the Constitutional Court of the Russian Federation and speeches by leaders of foreign states.

Article 101.

1. The Federation Council shall elect from among its members the Chairman of the Federation Council and his deputies. The State Duma shall elect from among its members the Chairman of the State Duma and his deputies.

2. The Chairman of the Federation Council and his deputies, the Chairman of the State Duma and his deputies shall preside over the sessions and supervise the internal rules of the chamber.

3. The Federation Council and the State Duma shall form committees and commissions, exercise parliamentary supervision over issues within their jurisdiction and hold parliamentary hearings.

4. Each chamber shall adopt its own rules and solve questions of internal organization and work.

5. In order to exercise control over the federal budget the Federation Council and the State Duma shall form an Accounting Chamber, the membership and rules of order of which shall be determined by federal law.

Article 102.

1. The jurisdiction of the Federation Council shall include:

    - approval of changes of borders between the subjects of the Russian Federation;

    - approval of the decree of the President of the Russian Federation on the introduction of martial law;

    - approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;

    - making decisions on the possibility of the use of the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

    - calling of elections of the President of the Russian Federation;

    - impeachment of the President of the Russian Federation.

    - the appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Court of Arbitration of the Russian Federation;

    - the appointment to office and the removal from office of the Prosecutor-General of the Russian Federation;

    - the appointment to office and removal from office of the deputy Chairman of the Accounting Chamber and half of its staff of its auditors.

2. The Federation Council shall pass resolutions on the issues within its jurisdiction under the Constitution of the Russian Federation.

3. The decrees of the Federation Council shall be adopted by a majority of all deputies to the Federation Council unless otherwise provided for by the Constitution of the Russian Federation.

Article 103.

1. The jurisdiction of the State Duma shall include:

    - granting consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;

    - decisions on confidence in the government of the Russian Federation;

    - the appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;

    - the appointment and dismissal of the Chairman of the Accounting Chamber and half of its staff of auditors;

    - the appointment and dismissal of the Plenipotentiary for Human Rights acting in accordance with the Federal Constitutional Law;

    - granting amnesty;

    - bringing charges against the President of the Russian Federation for his impeachment.

2. The State Duma shall adopt resolutions on the issues of its jurisdiction envisaged by the Constitution of the Russian Federation.

3. The resolutions of the State Duma shall be adopted by a majority of votes of all deputies of the State Duma unless otherwise provided for by the Constitution of the Russian Federation.

Article 104.

1. The President of the Russian Federation, the Federation Council, the members to the Federation Council, the deputies to the State Duma, the Government of the Russian Federation and the legislative (representative) bodies of the subjects of the Russian Federation shall have the right of legislative initiative. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation shall also have the right of legislative initiative within their jurisdiction.

2. Draft laws shall be introduced in the State Duma.

3. The draft laws on the introduction or abolishing of taxes, exemptions from the payment thereof, on the issue of state loans, on changes in the financial obligations of the state and other draft laws providing for expenditures covered from the federal budget may be introduced to the State Duma only with a corresponding resolution by the Government of the Russian Federation.

Article 105.

1. Federal laws shall be passed by the State Duma.

2. Federal laws shall be passed by a majority of votes of all deputies of the State Duma unless otherwise provided for by the Constitution of the Russian Federation.

3. Laws adopted by the State Duma shall be passed to the Federation Council for review within five days.

4. A federal law shall be considered passed by the Federation Council if more than half of its deputies vote for it or if within fourteen days it has not been considered by the Federation Council. In the event the Federation Council shall reject the federal law, the chambers may set up a conciliatory commission to settle the differences, whereupon the federal law shall again be considered by the State Duma.

5. In the event the State Duma shall disagree with the decision of the Federation Council, the federal law shall be considered adopted if, in the second voting, at least two-thirds of the total number of deputies to the State Duma vote for it.

Article 106.

The federal laws adopted by the State Duma shall be considered by the Federation Council on a mandatory basis if such laws deal with the issues of:

    - the federal budget;

    - federal taxes and levies;

    - financial, monetary, credit and customs regulations and money emission;

    - ratification and denunciation of international treaties of the Russian Federation;

    - the status and protection of the state border of the Russian Federation;

    - war and peace.

Article 107.

1. An adopted federal law shall be sent to the President of the Russian Federation for signing and publication within five days.

2. The President of the Russian Federation shall, within fourteen days, sign a federal law and publish it.

3. If the President rejects a federal law within fourteen days since it was sent to him, the State Duma and the Federation Council shall again consider the law in accordance with the procedure established by the Constitution of the Russian Federation. If, during the second hearings, the federal law shall be approved in its earlier draft by a majority of not less than two thirds of the total number of deputies of the Federation Council and the State Duma, it shall be signed by the President of the Russian Federation within seven days and published.

Article 108.

1. Federal constitutional laws shall be passed on issues specified in the Constitution of the Russian Federation.

2. A federal constitutional law shall be considered adopted, if it has been approved by a majority of at least three quarters of the total number of deputies of the Federation Council and at least two thirds of the total number of deputies of the State Duma. The adopted federal constitutional law shall be signed by the President of the Russian Federation within fourteen days and published.

Article 109.

The State Duma may be dissolved by the President of the Russian Federation in cases stipulated in Articles 111 and 117 of the Constitution of the Russian Federation.

In the event of the dissolution of the State Duma, the President of the Russian Federation shall determine the date of elections so that the newly-elected State Duma shall convene not later than four months since the time of dissolution.

The State Duma may not be dissolved on grounds provided for by Article 117 of the Constitution of the Russian Federation within one year after its election.

The State Duma may not be dissolved since the time it has brought accusations against the President of the Russian Federation and until a corresponding decision has been taken by the Federation Council.

The State Duma may not be dissolved during the period of the state of emergency or martial law throughout the territory of the Russian Federation, as well as within six months of the expiry of the term of office of the President of the Russian Federation.

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