Grounds for early termination of presidential powers in Russia

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:54

The President of the Russian Federation is generally recognized as the main official of the state. Based on the current version of the Constitution of the country, he is elected for a period of 6 years, after which he is obliged to resign. However, if necessary, the grounds for the early termination of the exercise of the powers of the President of the Russian Federation are also spelled out there. They are applied only when there are compelling circumstances that prompt the head of state to leave his post.

Foundations

All the grounds for the early termination of the powers of the President of the Russian Federation are clearly stated in the 92nd article of the Constitution. Only the 3 reasons given in it can be applied so that the president can leave his elected office. At the moment, such reasons can be considered:

removal from office;
resignation;
unable to perform long-term work requirements due to he alth reasons.

However, it is worth recognizing that in addition to the above reasons for earlytermination of the powers of the President of the Russian Federation, there are still a number of. These include the death of the head of state, the loss of legal capacity, regardless of the reasons, the recognition of the president as dead or missing. That is, in situations where he simply physically cannot fulfill his role.

President's resignation

One of the main reasons for the early termination of the powers of the President of the Russian Federation can safely be called resignation. It is carried out exclusively at the voluntary desire of the head of state to leave his post before the immediate expiration of his term. At the same time, the very motives for such a resignation are regulated exclusively by the president himself and no one else. The very procedure for the early termination of the powers of the President of the Russian Federation in this way has not yet been clearly regulated. Now, this will require writing a written statement in which the president reveals his desire to leave the post. After that, the application cannot be withdrawn, since in the future it will be de alt with exclusively by the country's parliament - the Federal Assembly of the Russian Federation.

He alth suspension

Another reason for the early termination of the powers of the President of the Russian Federation can be called a persistent inability to exercise proper powers due to he alth reasons. Such a situation should be resolved exclusively with the help of a legislatively regulated procedure, but such an act has not yet been adopted. At the moment, the understanding of such a rule was formulated exclusively by the Constitutional Court of the country in its Resolution of 2000. FirstFirst of all, he demands that in such a procedure for removal it is impossible to carry out a facilitated procedure in order to exclude any possibility of unjustified early termination of the powers of the President of the Russian Federation. At the same time, during such a period, no person or state body has the right to appropriate its powers in an unconstitutional way.

Impeachment

Removal from the office of the head of state, better known in Western countries as an impeachment procedure, is the highest form of presidential responsibility. The procedure is quite complicated, but it prevents, if necessary, the head of the country from abusing his power. Many people immediately participate in it - deputies of the State Duma, the Federation Council, as well as judges of the Supreme and Constitutional Courts.

The only grounds for removal from office of the president can be the commission of high treason, approved in the 275th article of the Criminal Code, as well as the commission of a grave crime by him according to the list. However, one should take into account the fact that many scientists propose to consider such grounds in a political aspect, and not at all a criminal one. By treason, they mean the commission of actions that clearly harm the interests of the country, a clear abuse of their powers, undermining sovereignty, the adoption of acts that violate the constitutional rights and freedoms of ordinary citizens and other violations that lead to a crisis in the political, law enforcement or other systems.

Procedure for disqualification

Order of impeachmentin the Russian Federation is clearly enshrined in Article 93 of the Constitution. This requires going through several stages:

At least a third of the members of the State Duma must bring charges, on which a specially appointed commission gives an opinion.
Next, the Duma decides whether they are really going to bring charges against the head with a number of votes of at least 2/3.
The country's Supreme Court determines whether the president's actions contain signs of a crime, and the Constitutional Court issues an opinion on whether the procedure for filing charges established by law was followed.
After that, the Federation Council must vote for the removal of the President of the Russian Federation from his post by a number of votes of at least 2/3.

All this is carried out within 3 months after the State Duma charges, otherwise it is considered rejected.

Cases of early termination of the powers of the President of the Russian Federation

In the history of the country, one can cite as an example several attempts by the State Duma to remove President Yeltsin from his post. The first began in 1995, when he was charged with the September 1993 coup and the events in Chechnya. However, the majority of deputies simply did not vote, so the decision was not made. The second attempt began in 1999, but it also failed.

Eventually, Boris Yeltsin voluntarily resigned on the last day of 1999 by decree and notice. This is what can be called the only successful case.