President's removal from office: a description of the procedure, history and interesting facts

The main news of many world news was Trump's victory in the US elections. Among some politicians and economists, there is an opinion that he will not be able to "sit" for a long time in the White House. The American Congress has a serious political tool in its hands - the procedure for removing the president from office. While in power single-party with Trump Republicans, perhaps, there is nothing to fear. But what happens if hostile Democrats win in the congressional elections? This remains a mystery. Thinking about this, our citizens are beginning to wonder: Does Russia have a procedure to remove the president of the Russian Federation from office? We will try to answer this question.

Refusal of the President from office, or who is in charge in the country

In our country, such a measure is provided for in the basic law. According to the Constitution, the dismissal of the president of the Russian Federation is possible with the participation of two higher state entities - the Federal Assembly and the State Duma. Read more about how this happens.

The order of dismissal (impeachment)

Legally legal early removal of the head of state is called impeachment. The procedure for removing the president of the Russian Federation from his post is as follows: the State Duma accuses the head of state.

This can be treason, as well as another serious crime. After this, a special commission is convened within the legislative body. Then discussions begin. Appointed representatives of the group that nominated such an accusation, the chairman of the special commission, other deputies, called experts, judges, etc. The President also has the right to address the people's representatives through his commissioners, as well as representatives of the Federation Council. After all discussions, the matter is put to the vote. It is necessary to collect at least two thirds of the votes in order to approve this procedure.

Participation of courts

After the dismissal of the president of the Russian Federation was supported by the Duma, the decision goes to the Constitutional Court of the Russian Federation. He issues an opinion on the observance of all necessary procedures in accordance with the basic law of the country. Participates in the procedure and the Supreme Court of the Russian Federation, which must find in the actions of the head of state the elements of the crime. Only after this, the decision is submitted to the Federation Council.

Discussion in the Federation Council

At the meetings the chairman of the State Duma begins his speech. He reads the accusations to the president, the results of the vote. The chairpersons of the Constitutional Court of the Russian Federation and the Supreme are taking part in the discussion. Each of them reads out the conclusions that were examined earlier in these courts.

In the Federation Council there is a commission on constitutional legislation and judicial and legal issues. Its chairman also reads the conclusion. In discussions, the President himself and his representative can act.

The final decision

After that, the question shall be submitted for a secret ballot by ballot. If two-thirds of the members of the Federation Council supported the accusations, then the president was dismissed from office. The head of state must resign. The duties of the chairman of the government of the Russian Federation at the time before the urgent election of a new head.

However, the procedure for removing the president from office is such that it costs the SF to delay consideration for more than three months, and all charges are automatically lifted. All the aforementioned removal actions must be carried out again.

Why there is no vice-president in Russia

Few people now remember this, but Russia initially developed precisely as a parliamentary republic, not a mixed one. Although in fact it is our presidential.

In Russia, after the collapse of the USSR in 1991, the post of vice-president for the American model was introduced. They became GI. Yanayev, who was elected at the Congress of People's Deputies. He supported the putsch of the State Emergency Committee in August 1991 and even declared himself acting president.

The next vice-president of the RSFSR was elected A.V. Rutskoi June 12, 1991 as one candidate with BN. Yeltsin. However, after the political confrontation between the head of state and the Congress of People's Deputies, the latter initiated the dismissal of the president. Rutskoy under the Constitution became not only vice-president, but also acting. However, Yeltsin was not going to give up power. Tanks were opened in Moscow and opened fire on the building of the Congress of People's Deputies.

Just imagine for a moment, the supreme authority under the current Constitution is being shot from tanks by direct fire on the orders of Yeltsin, who has been removed from power. After these events, the Congress of People's Deputies did not dare to commit a bloody civil war and surrendered surrender. The power was usurped by Yeltsin, who introduced the new Constitution of 1993.

Under the new basic law of the country, the post of vice-president was abolished, and a new body called the State Duma began to have much less authority. When assessing these events, we rely only on the legal aspect, without standing on either side of the conflict. In fact, Yeltsin's authority was illegitimate until December 1993. But, as they say, the winners are not judged.

Who Invented Impeachment

Impeachment, or dismissal of the president, was invented at a time when such a position did not exist. The first country where this concept appeared was England. It was in the far 14th century. However, the procedure of impeachment was not subjected to the monarch himself, who, as is known, was "from God", but his favorites. The problem was that only the king personally could appoint ministers. Consequently, only he could remove them. This state of affairs did not suit citizens, as they were subjected to lawlessness on the part of ministers. Appeals to the king were ignored. Then the House of Commons resolutely took the initiative and legitimized the dismissal of ministers without the permission of the king. The golden time for the favorites ended, and the procedure itself was called impeachment.

Precedents in Russia

In the recent history of Russia, the dismissal of the president has never been practiced. Only in the Soviet Union as a result of political conspiracy once removed from office the General Secretary of the CPSU Central Committee. To think, in an authoritarian regime, democratic peaceful procedures of impeachment occurred, which have never been in the "standard of democracy" of the United States.

In modern Russian history, this also did not happen. The only impeached Yeltsin led to the shooting of the Congress of People's Deputies from tanks. As a result, the latter was liquidated. In 1998-1999, there was another attempt at an impeachment procedure by the State Duma. However, there was no further voting within the legislative body of the country.

Impeachment and "sexual scandal" in the US

In the history of the United States, only three cases occurred, when the impeachment procedure was initiated. None of these attempts was successful. Evil tongues joke about this, that American presidents prefer to shoot rather than remove.

If the first two attempts to impeach were in the distant past (1868 and 1974), the latter was held relatively recently - in 1998-1999. It is connected with the name of the president from the Democratic Party - Bill Clinton. The House of Representatives accused him of false testimony in a high-profile criminal case.

Clinton was accused of harassing one of the employees of the staff of the Arkansas State Administration in 1991. Then the future president was in it the governor. In the hotel room Bill Clinton suggested Paul Jones (that's the name of her) intimate connection. After a lot of time, the girl sued the incumbent president for harassment. History, perhaps, would have remained fiction, rumors, if not for the scandal with another young girl from the White House apparatus, Monica Lewinsky. The press leaked rumors that she and Bill have an intimate affinity. Monica herself, as well as Clinton denied it. At the trial under oath, both admitted that they did not have sexual intercourse with each other. This was confirmed by the deputies of the president.

However, after a while Monica unexpectedly refused her testimony and confessed that she had a close relationship with the president. As evidence, she demonstrated a dress with biological footprints of Bill. Many skeptics did not believe it, because two years have passed since these events. However, DNA showed that the seminal fluid really belongs to Clinton.

As a result, the Senate considered the impeachment case on charges of perjury testimony of the president, since for the first time he stated that he had no sexual relations with Monica. However, Clinton masterfully "wriggled out" in court. Apparently, the profession of a lawyer did not pass for nothing. He said that oral sex is not considered sexual intercourse. Strangely enough, but the court accepted his arguments and justified it, and the Senate did not receive the necessary majority.