LawState and Law

What is the procedure for electing the president of the Russian Federation

Russia, according to most lawyers, is a presidential republic. The bulk of power is thus concentrated in the hands of the head of state elected by the people. Actually, through what procedures do Russians choose their President? What are the requirements for candidates for the highest public office?

Elections of the President of Russia: key aspects

The Constitution of the Russian Federation defines the main mechanism by which the elections of the President of the Russian Federation are held - this is a direct universal vote of citizens. It is interesting that in the main law of the state nothing is said about the alternative (the presence of several candidates for the post of head of state) of elections, but in a number of other legal acts this aspect is disclosed in sufficient detail.

A person can claim the position of President of the Russian Federation if he is already 35 years old. This is one of the key criteria for candidates. Another important requirement - residence in Russia for at least 10 years by the time of the election. At the same time, as some lawyers say, there is no direct indication in the laws of the Russian Federation that only the person who was born in Russia can be a candidate for the post of president of the Russian Federation.

How are applicants nominated? A person can become a candidate if he is nominated by a group of other citizens or an electoral association. Self-nomination is also possible. Consider the aspect concerning the requirements for applicants for the highest public office in the Russian Federation, in more detail.

Nomination of candidates: nuances

What are the criteria for the participation of candidates in the election of the head of state? The procedure for electing the President of the Russian Federation includes the following rules regarding this aspect. Candidates for the post of head of the Russian state, as we noted above, can participate in elections both in the order of self-nomination and through the mediation of public associations - these are most often the parties.

In the first case, a citizen who aspires to get the power of the president of the Russian Federation into his own hands, although he himself is nominated, nevertheless must acquire the support of at least 500 of his compatriots. At the same time, a candidate for the post of head of state is required to register his "support group" in the CEC in the appropriate order. In the second case, when a party nominates a candidate, this public association must have an official registration in state registers. Its validity is at least a year before the presidential election. It is interesting that, provided that the candidate is nominated by the party, he himself should not be a member of it. Public disunity represented in the Parliament can support only one candidate for election as head of state.

In both scenarios - self-nomination or support by the party - the candidate for the position of President is obliged to provide to the CEC at least 1 million signatures of citizens. They are supposed to approve of a suitable candidate. At the same time, the maximum number of signatures in each of the subjects of the federation should not exceed 70 thousand. The candidate can bypass this requirement if he enlists the support of a party that has current mandates in the State Duma.

Preparation and conduct of elections

Elections of the head of the Russian state are appointed by the upper house of the Federal Assembly. The relevant decision should be made by this authority no later than 3 months before the proposed date of election of the President. If it turns out that 35 candidates do not attend the election list 35 days before the appointed day, the election will be postponed for another 60 days.

As a rule, a campaign begins already several months before the anticipated date of voting for the head of state in Russia. Candidates seeking to win the trust of citizens engage in political advertising, arrange debates, conduct activities that can shape their positive image in the eyes of voters.

Elections of the President of the Russian Federation are held on the first Sunday of the month in which citizens of our country went to polling stations the previous time. The law provides for the option that the Federation Council, for whatever reason, will not appoint them within the required deadlines. In this case, the procedure for electing the President of the Russian Federation is such that the initiative passes into the hands of the CEC. This body appoints, and also conducts elections in such a scenario on the second Sunday of the same month in which the Council of Federation normally appointed an appropriate event.

Elections

If the candidate for the post of head of state received more than 50% of the votes, he immediately becomes the elected President. If a simple majority - a second round is assigned. On the fact of his conduct, the President becomes a person who has at least 1 more votes than his opponent.

Terms of Reference

The term of election of the President of the Russian Federation, established by law, is 6 years. At the same time, his powers cease to be fulfilled as soon as a new head of state enters office. The law provides for scenarios under which the President can withdraw from office. In this case, the Federation Council is obliged to appoint early elections of the head of state. The term, in which the senators must meet, is 14 days from the moment when the President terminates the powers. The voting day in this case is the last Sunday before the day when the 90-day period expires from the moment of the withdrawal of the head of state from office.

When elections are not taken place

The procedure for electing the President of the Russian Federation allows for the case when the election of the head of state is declared invalid. When it's possible? The first scenario: passed the second round, but the candidate was the only person in it, and it was chosen by less than 50% of the citizens. Also, the election can be declared invalid if none of the candidates received more than half of the votes in the first round. Another option - by the time of the election, all the candidates had withdrawn from the presidential race. Also, the considered electoral procedure will be declared invalid if the turnout was less than 50% of registered voters. Consider the features of the organization of the second round.

Second round of elections

The procedure for electing the President of the Russian Federation provides that the second round of presidential elections is held 21 days after the first. At the same time, if one of the candidates who passed the next stage decides to cease participation in elections, then the person who showed the third result in the first round will take his place. At the same time, a scenario is possible, when the citizens of the Russian Federation will elect the President in the second stage with the participation of one candidate. True, while he is on the second round should get at least 50% of the votes of citizens. It should be noted that there is no requirement for attendance at this stage of the electoral event under consideration.

When the election is invalid

The procedure for electing the President of the Russian Federation includes scenarios when the elections are declared null and void. This is possible, for example, if the results of the voting are not reliable enough due to violations. Another option is that if a significant number of polling stations (forming one quarter or more of the total number of voters) are declared invalid for one reason or another. Another scenario - the election will annul the court.

If the election of the head of state is qualified as failed or invalid, and also if in the second round both candidates ceased to participate in the contest for the office of the President, the upper house of the Russian Parliament conducts the procedure for re-election of the head of state. This should happen within the next four months from the day when it was decided to recognize the previous elections as invalid.

How many times can you become President?

As we already noted above, the term of election of the President of the Russian Federation is 6 years. The same person can not hold a position for more than two consecutive periods in a row. At the same time, the power of the President of the Russian Federation can again be returned to the citizen's hands after his successor has worked his time in this position.

President's inauguration

30 days after the elections of the head of the Russian state are held and the winner is determined on them, the procedure for the entry of the elected President of the Russian Federation into office is carried out. This event, as a rule, is broadcast live on state and other TV and radio channels. Representatives of government bodies, parties, public organizations of Russia and other countries can attend the solemn hall where the President's inauguration takes place.

During the event, attended by senators of the upper house of parliament, State Duma deputies, as well as judges of the Constitutional Court of the Russian Federation, the new head of state takes the oath. After that, he can exercise his official authority until his successor takes his place or until the people re-elect him, with the appropriate legislative capacity.

Theses about the oath

The oath is not brought by a person who occupies the position of acting head of state, if the previous one has ceased to exercise his powers. At the same time, it is brought back by the newly elected President of the Russian Federation - just as he did the previous time. The head of the Constitutional Court of the Russian Federation takes the oath.

The procedure in question is envisaged in many other countries of the world. However, in a number of states, as some lawyers say, the President takes office only after he takes the oath. Such formulations, in particular, are present in the Constitutions of the Czech Republic and Slovakia. Many experts believe that a similar norm exists in Russia, based on some formulations in the main law of our country. Thus, lawyers believe, the elected President of the Russian Federation can not officially, through legally correct procedures, take office without taking the oath. Although there is no direct indication of such a nature of the consequences in the laws of the Russian Federation.

Rights and duties of the head of state

What are the main rights of the President of the Russian Federation after taking office? Lawyers include the following:

- appointment of the Prime Minister (or Chairman of the Government);

- Management of Government meetings;

- appointment of a general civil referendum;

- Resignation of the Government.

Along with the rights, the head of the Russian state has responsibilities. Among the key ones are the conduct of the country's foreign policy, the introduction of bills into the Parliament, the signing of the past procedures for the adoption of legal acts, the publication of own sources - decrees, orders. Let us note that some lawyers do not differentiate the rights of the President of the Russian Federation and his duties, believing that it is rather difficult to determine in this case the necessary criteria. For example, the same edition of decrees, experts say, can be attributed to the rights.

Financing of elections

What is the procedure for electing the President of the Russian Federation financially? The bulk of events related to the preparation and practical conduct of elections of the head of the Russian state are paid for from the federal budget. At the same time, each of the candidates is required to create their own funds for additional financing of electoral events.

To spend money within the framework of the relevant institutions, applicants for the office of the President must, in accordance with the reporting procedures regulated by the laws of the country.

Counting of votes and publication of results

Studying the procedure for electing the President of the Russian Federation, we will briefly consider such an aspect as the counting of votes, as well as the publication of the results of the electoral event. After the polling stations are closed - at 20:00 local time, the results of the elections, respectively, begin to be summarized. Territorial commissions study bulletins, summarize statistics, formulate protocols and send data to the CEC. Then the results are summarized in a general document. A significant amount of tasks in this direction are solved with the use of a high-tech resource - the state automated system for counting the votes of voters and statistical analysis of the relevant data.

The official publication of the results of the electoral event being examined, as well as the figures for the votes cast for each applicant, must be made within 3 days after the final protocol of the CEC is drawn up. The data for each of the territorial polling stations should be printed in official publications of the CEC within 10 days. As a rule, even before the results of the election are announced, sociologists report the results of exit-poll - a poll of voters at the exit from territorial sites, allowing citizens to get an approximate idea of the voting results.

The first tasks after the elections

Having studied how the President of the Russian Federation takes office, the order of election, the authority of the person chosen by the people, we can consider what the first steps of the head of state prescribed by law are in the aspect of solving the tasks of political management. The fact is that the accession of the President to his office is accompanied by some legal consequences related to the structure of power institutions. In particular, the members of the Government are dismissed from office - such are the requirements in the law regulating the activity of the supreme executive body. Also, as some experts note, the personnel structure in the presidential administration is changing, and in some cases the plenipotentiary representatives of the head of state in the upper house of the parliament and in the federal districts are de jure removed from office.

However, in fact, the employees of the respective apparatuses continue to perform their labor functions until other officials and heads of departments are appointed or legally retain the positions of current employees. Thus, the first post-election appointments of the President of the Russian Federation relate to posts in the Government. Sometimes - the administration of the head of state and a number of other structures of political management. Does its structure change the Office of the President of the Russian Federation? In the environment of experts there is no common opinion on this subject, and in the laws of Russia - norms that would strictly regulate the principles of staff rotation in this body. Thus, the Office of the President of the Russian Federation is an organ that functions independently of the procedures reflecting the election of the head of state.

Elections under martial law

Having considered what rights and duties the President of the Russian Federation, the election and powers of the head of the Russian state have, we will also study such an aspect as the conduct of an appropriate electoral procedure in the conditions of martial law. Indeed, if a country is for some reason dragged into an international conflict, the population probably is not up to the elections and the presidential race.

Note that in the main law of the country - the Constitution - nothing is said about such cases. While in the Federal Law "On Martial Law" it is noted that any elections to the authorities, as well as referendums, are not conducted under the appropriate conditions. That is, the President will remain in office until the martial law is abolished. The term of office of the head of state will thereby be extended, even if he has already worked for six years. The same rule, as lawyers say, also applies to other authorities. By the way, in many other countries the legislative regime provides for similar norms.

Is there a vice-president in Russia?

No, there is no such post in our country. However, there were periods when she was present in the system of power. For example, at a time when the institution of presidency only appeared - first in the USSR, and then in the first years after the formation of the Russian Federation. But in the Constitution, which was adopted in 1993, there was no information about the position of the vice-president. As in none of the subsequent amendments to the basic law of the country. Lawyers note that the vice-president is present in the system of power of a relatively small number of states. First of all, one can note the development of the corresponding tradition in the USA, in some European countries, for example, in Bulgaria or Cyprus.

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