Guarantor of the Constitution of the Russian Federation - President of the Russian Federation

The Constitution of the Russian Federation is a legislative act thatwas created in such a way that the meaning of each of its provisions was understandable to any reader and was perceived "as is", not wrong. However, the document still has some concepts that are not completely clear to us. For example, the guarantor of the Constitution. What or who is this, what is the history of this concept, how it is connected with the President of the Russian Federation, and we will analyze further.

Definition of concept

The guarantor of the Constitution is a function of a certainthe body of state power, which means guaranteeing the implementation of the provisions of the country's basic law. In our country this is quite a young expression - its "birth" is attributed to 1991. Initially, the term meant the Russian Constitutional Court, and then the President, the head of state.

The position that the President in our country is the guarantor of observance of the items of the main law of the state is one of the most important ones recorded in the Constitution of the Russian Federation.

Let's look at the history of the phrase.

The origin of the concept

The term "guarantor of the Constitution" was first1991. You can find it in the transcript of the 5th Extraordinary Congress of People's Deputies published in Rossiyskaya Gazeta. The authorship belongs to the deputy VT Kabyshev. He shared his point of view on the Constitutional Court with his colleagues. It was his deputy who considered the guarantor of the Constitution.

Kabyshev noted that the main taskThe Constitutional Court is to give a "red signal" to both the Congress of Deputies and the President in the event that an act contrary to the main law of the country is adopted. The guarantor of the Constitution must constantly remind the authorities, the society about the observance of the latter.

Garant - BN Yeltsin

The Constitutional Court was considered the first guarantorthe country's main law is short-lived. July 16, 1992 Boris N. Yeltsin said that the guarantor of the Constitution is the President of the Russian Federation. That is, he is none other than himself. This statement was proclaimed at a meeting with the leaders of the leading media. Boris Nikolayevich also assured the listeners that, as a guarantor of the Constitution, he personally will oppose the return of times of total censorship and do everything possible for the prosperity of freedom of speech and the press.

Words of B.N. Yeltsin was legislatively enshrined in the new Constitution, adopted on December 12, 1993. I must say that the first Russian president showed special respect for this characteristic. Many contemporaries of the nineties remember that a large part of speeches and decrees were started by Boris Nikolayevich with the words "As a guarantor of the Constitution, I have to ..."

The media, noting the president's attention to thisformulation, sometimes ironically, so it was called in a number of exposing the deplorable state of affairs in the country publications. The euphemism "guarantor of the Constitution" has been used in this vein since 1994. Therefore, many citizens did not take this concept seriously.

Modern interpretation of the term

Today, the guarantor of the Constitution is President V.V. Putin. The new head of the country does not focus journalists' attention on this function, however, in the media and now it is possible to meet this concept as a synonym for the word "president".

Concept in the Constitution

In the basic law of the country it is written that the President is the guarantor of the Constitution. This information is contained in paragraph 2 of Art. 80 (Chapter 4 of the document). First of all, this is expressed in the following:

Guarantee of observance of rights and freedoms of every citizen.
Protection of the sovereignty of the state within the framework of presidential competence.
Guarantee of independence and state integrity of the Russian Federation.
Guarantee of coordinated interaction and functioning of a whole number of public authorities.

To brighter represent the depth of the term "guarantor"Constitution, "let's take a look at how the main Russian law represents the President, his rights and responsibilities." Let's start with a direct correlation of his power and guaranteeing compliance with constitutional provisions.

Ensuring compliance by the President with the Constitution

So, the Constitution and the President:

When the head of state enters office heutters the words of the Oath, where, among other things, he brings to the people a promise to protect both the Constitution and the rights and freedoms of every citizen of the state.
Competence of all public authoritiesis limited by constitutional provisions. To control and ensure this balance, the main law trusts the President. He has special powers to regulate the activities of government bodies within the framework of the Constitution.
As a guarantor of civil rights and freedoms, the PresidentPutin today must carry out continuous monitoring of the effectiveness of all three branches of government: legislative, judicial and executive. But without interfering in their area of competence.

The Constitution gives the President some kind of legalremoteness from all branches of power. This is necessary for him to participate in the rule-making process, settle disputes, and also implement the functions of constitutional control. The law also defines the powers of the President to cooperate with the Government, the prosecutor's office, the federal judiciary, public organizations, law enforcement agencies.
The President's duty under the Constitution -ensure that federal lawmaking acts, regulatory acts of the subjects do not contradict the basic law of the country. In case of a violation, the President has the right to demand from any government authority the restoration of the violated rights and freedoms of citizens. At the same time, he has the right to take the most decisive measures, including coercion.
The President realizes the rights and freedoms of citizensis embodied in his legislative initiative. He has the power to issue decrees that protect the rights of both the human person as a whole and individual groups of citizens. Acts of the President also have the power to provide civil society with a whole range of personal, socio-economic and political rights.
But the basic law limits the powerThe President. The phrase "guarantor of the Constitution" is widely perceived by many citizens: the head of the state is sent messages-complaints about the decisions of law enforcement bodies, judicial sentences. The president has no right to carry out the functions of these structures.
None of the decrees or resolutions of the President should not conflict with the provision of the Constitution.

Removal from office of the President

The Constitution also protects the state from the arbitrariness of the President:

The State Duma is competent to bring charges against the President for a serious crime or treason.
This conclusion must necessarily be confirmed by the Supreme Court.
The Constitutional Court is obliged to render a verdict that the procedure for the prosecution took place according to the procedure established by the main law.
On the basis of the foregoing, the Federation Council removes the President from his post.

president of the Russian Federation, guarantor of the constitution

Constitutional rights of the President

President Putin, like the former, future heads of the Russian state under the Constitution, is competent and obligated:

Identify the main vectors of both domestic and foreign policy.
Represent the Russian Federation both internationally and domestically.
To appoint, by agreement with the State Duma, the Head of Government.
To preside over the sessions of the Russian Government.
Decide on the resignation of the Government.
How to present to the State Duma the candidacy of the chairman of the Central Bank of Russia, and raise the issue of releasing this person from office.
To submit to the Federation Council the candidatures of judges of federal courts, Constitutional, Supreme.
Appoint and dismiss deputy. Chairman of the Government, ministers.
Form and head the Security Council of the Russian Federation.
Approve the military doctrine of the state.
Appoint and dismiss their plenipotentiaries.
Appoint and dismiss the highest command of the RF Armed Forces.

Thus, the guarantor of the Constitution is the wordingwith a deep meaning. It implies a wide range of guarantees of the President on ensuring the rights and freedoms of citizens within the framework of the basic law of the state.