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The President of the Russian Federation terminates the exercise of his powers upon the expiration of his term of office. The moment of expiration of the term of office is considered to be the swearing in of the newly elected President of the Russian Federation.

To ensure the continuity of the exercise of presidential power, the Constitution provides for cases of early termination of the powers of the President and determines their consequences (parts 2 and 3 of article 92 of the Constitution of the Russian Federation).

The powers of the President may be terminated ahead of schedule in the event of his: resignation; persistent inability for health reasons to exercise their powers or removal from office; of death. The powers of the President are also terminated ahead of schedule by the loss of Russian citizenship.

The Constitution of the Russian Federation (part 2 of article 92) indicates three cases of legal early termination of the exercise of the powers of the President of the Russian Federation:

1. Resignation, which is understood as voluntary resignation from the post with the signing of an application announcing the resignation of the post. In this case, the duties of the President of the Russian Federation are temporarily assumed by the Chairman of the Government of the Russian Federation. Resignation is final: the President of the Russian Federation cannot withdraw his resignation and return to his duties. From the moment of the announcement of the resignation by the President of the Russian Federation himself, his powers are automatically terminated ahead of schedule.

The Constitution of the Russian Federation does not specify the resignation formula, does not establish the motives for making such a decision, does not indicate the body to which the resignation should be addressed, does not answer the question of whether any decision should be made, does not regulate other aspects of the resignation procedure. Addressing these issues is essential for practical application retirement institution. That is why their detailed legal regulation at the level of federal law is necessary. Resignation of President B.N. Yeltsin on December 31, 1999 confirmed the presence of significant gaps in the legislation. The procedure for transferring the attributes of presidential power was determined by the outgoing President himself and took place without representatives of other branches of power.

2. Termination of the exercise of powers for health reasons. There are two options here.
a) The President of the Russian Federation is seriously ill, but is in a clear mind and is able to make an informed decision on his own. Then, with a persistent inability to exercise his powers for health reasons, the President of the Russian Federation terminates their execution, which, in fact, is the same resignation, but with an indication of a specific reason.
b) There are situations when the President of the Russian Federation is not able to make a decision himself (he is in an unconscious state or there is reason to doubt his clarity of mind and ability to make informed decisions). In this case, a special authoritative medical opinion is required to resolve the issue of early termination of powers.

If the state of health only temporarily prevents the President of the Russian Federation from fulfilling his duties, then they are performed by the Chairman of the Government of the Russian Federation until such time as the President of the Russian Federation is able to assume them. Ensuring the activities of the acting President of the Russian Federation is carried out in accordance with the established procedure by the Administration of the President of the Russian Federation.

In the event of the termination of presidential functions due to the persistent inability of the President for health reasons to exercise his powers, the federal law does not determine who and how establishes the fact of persistent inability, how to ensure such a decision, who will publish it. In the norms of the federal law it is necessary to provide answers to all these questions. In any case, legal guarantees must be created to prevent abuse in the process of implementing this constitutional norm.

The Constitutional Court, in its decision on the case on the interpretation of the provisions of Articles 91 and 92 (Part 2) of the Constitution of the Russian Federation of July 11, 2000, interpreted the provision of Art. 92 (part 2):

1) for the early dismissal of the head of state from office for health reasons, it is necessary to develop a special procedure (procedure) for such dismissal;
2) the provisions on the procedure for establishing the degree of disability, defined in the Fundamentals of Legislation on the Protection of the Health of Citizens, are not related to the application of Part 2 of Art. 92;
3) to establish a persistent inability for health reasons to exercise the powers belonging to the President, a special procedure is required with the aim of an objective approach to determining the actual impossibility for the President in connection with the disorder of body functions that are of a permanent, irreversible nature. For the early termination of the powers of the President in this case, it may not be a mandatory prerequisite for the will of the President;
4) activation of the early termination of the powers of the President for health reasons is admissible only after exhaustion of all other possibilities related to the temporary non-fulfillment by the President of his powers or his voluntary resignation;
5) the procedure for establishing the persistent inability of the President to exercise his powers cannot be facilitated, simplified. At the same time, the possibility of turning this procedure into a method of unjustified removal of the President, and even more so into an unconstitutional method of appropriating the powers of the President by any body or person, is excluded.
3. Removal of the President from office (impeachment). Article 93 of the Constitution of the Russian Federation names high treason or the commission of another grave crime as grounds for the removal of the President of the Russian Federation from office.

The dismissal of the President from office is a type of constitutional responsibility of the head of state for committing high treason or a serious crime. In addition to general criminal liability, which is borne by every citizen of Russia for such actions, the President becomes liable in the form of removal from office.

Contained in Art. 93 of the Constitution, the concepts of "high treason" and "serious crime" are specified in Art. 275 of the Criminal Code of the Russian Federation. High treason refers to espionage, the disclosure of state secrets, or other assistance to a foreign state, foreign organization or their representatives in carrying out hostile activities to the detriment of external security. Russian Federation. Serious crimes are intentional and reckless acts, for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed 10 years in prison. Obviously, the constitutional concept of “serious crime” also includes the provisions of Art. 15 of the Criminal Code of the Russian Federation, especially grave crimes, for the commission of which a punishment of more than 10 years in prison or a more severe punishment (for example, life imprisonment) is provided.

The Constitution of the Russian Federation also describes the procedure for dismissal. For its implementation, several steps are required.

The first stage is to promote State Duma charges against the President of the Russian Federation to remove him from office. According to part 2 of Art. 93 of the Constitution of the Russian Federation, the initiative in making such a decision must come from at least one third of the deputies of the State Duma. To consider this issue in the State Duma, the conclusion of a special commission formed by this chamber is also required, it also has the right to determine the composition of the commission.

In view of the importance of the issue, the Constitution establishes that the decision of the State Duma to bring charges against the President of the Russian Federation must be taken by a qualified majority of votes, that is, two-thirds of the votes of the total number of deputies of the chamber.

The second stage of the procedure for removing the President of the Russian Federation from office includes confirmation of the decision of the State Duma by conclusions Supreme Court and the Constitutional Court of Russia. In part 1 of Art. 93 of the Constitution of the Russian Federation establishes that the Supreme Court of the Russian Federation gives an opinion on the presence of signs of a crime in the actions of the President of the Russian Federation, and the Constitutional Court of the Russian Federation gives an opinion on compliance with the established procedure for bringing charges.

The third stage of the procedure for removing the President of the Russian Federation from office consists in the adoption by the Federation Council of the actual decision to remove the President of the Russian Federation from office. In Art. 93 of the Constitution of the Russian Federation establishes that the Federation Council must make this decision on the basis of consideration of all materials: the decision of the State Duma to bring charges against the President of the Russian Federation; conclusions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, confirming the decision of the State Duma; conclusions of a special commission formed by the State Duma. Such a decision must be made by two-thirds of the votes of the total number of deputies of the Federation Council.

Along with this, the Constitution of the Russian Federation specifically stipulates the period during which the Federation Council has the right to decide on the removal of the President of the Russian Federation from office. This period is equal to three months after the State Duma charges against the President of the Russian Federation. If within this period the decision of the Federation Council is not adopted, the charges against the President of the Russian Federation are considered dismissed. The dismissal of the President of the Russian Federation from office will also not take place if the Federation Council makes a decision to dismiss the charges against the President of the Russian Federation before the expiration of the three-month period.

The removal of the President of the Russian Federation from office automatically entails the termination of his powers. The President of the Russian Federation loses his immunity in this case and can be prosecuted in the usual manner.

Elections of a new President of the Russian Federation must be held no later than 3 months after the early termination of the powers of the President of the Russian Federation

From the moment of early termination of the powers of the President on the above grounds until the election of the next head of state, the relevant state functions temporarily performed by the Chairman of the Government of the Russian Federation (part 3 of article 92 of the Constitution). The Acting President does not have the right to dissolve the State Duma, call a referendum, or make proposals for amendments and revision of the provisions of the Constitution.

Introduction

Chapter 1. Termination of the powers of the President of the Russian Federation as a specificity of his legal status

1.1 Resignation of the President of the Russian Federation

1.2 Termination of the powers of the President in case of persistent inability for health reasons to exercise his powers

Chapter 2. Removal of the President from office as the highest form of responsibility of the President

2.1 The legal institution of the dismissal of the President of the Russian Federation from office in constitutional law

2.2 Procedure for removal of the President from office

Conclusion

List of used sources and literature

Introduction

Relevance of the topic. The presidency is a relatively young institution in Russian constitutional and political practice. He arouses keen interest. In accordance with Part 1 of Art. 92 of the Constitution, the President of the Russian Federation begins to exercise his powers from the moment he takes the oath, terminates their exercise with the expiration of his tenure in office from the moment the newly elected President of the Russian Federation takes the oath. Recently, theoretical and practical matters related to the early termination of the powers of the President of the Russian Federation, the procedure for terminating the powers of the President.

The duration of the activity of the head of state, including the grounds for early termination of the exercise of powers, directly characterizes his status, reflects the constitutional and legal regime existing in the state, and affects the level of development of state democracy.

The grounds for terminating the exercise of the powers of the head of state before the expiration of the constitutional term are caused by circumstances that require a well-functioning and reliable mechanism for ensuring the continuity of presidential power.

The relevance of the topic is enhanced in view of the constitutional reform associated with an increase in the duration of the general legislature of the President of Russia, which requires scientific understanding.

The object of the research is constitutional and legal relations, taken in their systemic unity, emerging in the process of implementing the grounds for terminating the exercise of the powers of the President of the Russian Federation before the end of the constitutional term.

The subject of the study is the norms of constitutional law that regulate the grounds and procedure for the early termination of the powers of the President of Russia.

The purpose of the work is to systematically and extensively analyze the constitutional grounds for the early termination of the exercise of the powers of the President of Russia in their theoretical, regulatory and practical components, to determine their optimal parameters, taking into account the needs and prospects for the development of the presidential institution in Russia.

In accordance with this goal, the following research objectives were set: to determine the institutional significance of the early termination of the exercise of the powers of the President of Russia; determine the content of the grounds for early termination of the exercise of the powers of the President of the Russian Federation in the context of legislative regulation and the practice of their implementation; substantiate scientific and practical proposals for improving the procedure for terminating the powers of the President.

early termination of the powers of the president

Chapter 1. Termination of the powers of the President of the Russian Federation as a specificity of his legal status

1.1 Resignation of the President of the Russian Federation

According to Art. 91 of the Constitution, the President has immunity. This means: no one can use physical or mental violence against the President; he cannot be detained, searched, arrested, or brought to any kind of legal responsibility while he is in office of the President; finally, the President cannot be overthrown, nor removed from office.

The powers of the President of the State may be terminated for various reasons. As a rule, these grounds are provided for by laws. However, in practice there are cases when the president's powers are terminated on grounds not provided for by law.

For example, the first and last President of the USSR M.S. Gorbachev resigned in connection with the liquidation of the USSR, although the Constitution of the USSR of 1977 did not provide for such a basis for the termination of the existence of the state itself.

An example of an illegitimate termination of presidential powers is the loss of power as a result of a revolution, when the power of the president is either forcibly liquidated or passes into other hands as a result of its seizure contrary to the law.

The legal grounds for terminating the powers of the President are those grounds that are provided for by law (election of another president, resignation, abolition of the post of president, etc.).

In accordance with Part 1 of Art. 92 of the Constitution, the President of the Russian Federation begins to exercise his powers from the moment he takes the oath, terminates their exercise with the expiration of his tenure in office from the moment the newly elected President of the Russian Federation takes the oath.

In accordance with Part 2 of Art. 92 of the Constitution, the grounds for early termination of the powers of the President of the Russian Federation are: resignation, persistent inability for health reasons to exercise his powers, removal from office.

The resignation of the President of the Russian Federation is the early termination of the powers of the head of state in accordance with his voluntary will. The decision to retire, according to the meaning of this legal institution, must be irrevocable and can be implemented only immediately after the official announcement of it.

The procedure for resigning, unfortunately, is not regulated by law, although there is a need for this.

According to the author of the work, the law should indicate the form of expression of the President's will (most likely, it should be a written statement), the motives that prompted the President to make such a decision (such motives may be of a personal nature - advanced age, health status; political: disagreement with the policy of the Federal Assembly and other bodies state power in connection with the resulting economic, political crisis, etc.).

On December 31, 1999, in order to implement the constitutional norms on the resignation of the President of the Russian Federation B.N. Yeltsin took the following legally significant actions: Decree No. 1761 “On the exercise of the powers of the President of the Russian Federation” was adopted, which determined the moment of early termination of the powers of the head of state (followed by the Acting President, Decree No. 1762 “On the temporary exercise of the powers of the President of the Russian Federation” was issued). Federation”; official notices of the resignation of the head of state were sent to the chambers of the Federal Assembly; the President’s address to citizens was broadcast on national television channels, in which he announced his resignation.

An analysis of the legal acts and actions taken by the President on December 31, 1999 in connection with his resignation once again convinces of the need for legislative regulation of the relevant procedures.

According to the author of the work, it would seem that Decree No. 1761, which is of key importance for the early termination of the powers of the President on the basis under consideration, contains only a general reference to Part 2 of Art. 92 of the Constitution, which, as mentioned above, provides for all three grounds for the early termination of the powers of the President, and the term "resignation" itself is not mentioned either in the title of the Decree or in its text.

Thus, from the content of Decree of the President of the Russian Federation No. 1761 of December 31, 1999, it is not even entirely clear on what basis the powers of the head of state were terminated ahead of schedule.

Current legislature(Article 82 of the Constitution of the Russian Federation) provides for the procedure for the President to take office, taking the oath to the people in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma and judges of the Constitutional Court, but does not regulate the procedure for the President's resignation.

The question arises: to whom should his resignation letter be addressed, is it enough for the President to announce his resignation, or should some state body (or bodies) consider this resignation and make a decision on accepting the resignation or rejecting it? After all, with all due respect to the person holding the position of President, one cannot deny the possibility of resigning under pressure from some forces, under the influence of a temporary health disorder, in a state of temporary depression, etc. If the law provides for the possibility of making a decision to reject a resignation Prime Minister, why should such an option be excluded in relation to the President's resignation? The answer to this question should be given in future legislation. In the opinion of the author of the work, this may be provided for by the Constitution, and the federal law "On the President of the Russian Federation".

One more question: should any state authority legally ascertain the fact of the resignation of the President of the Russian Federation, because the Constitution associates very serious legal consequences with this fact - the transfer of the exercise of the powers of the President to the Chairman of the Government of the Russian Federation and the appointment of early elections of the head of state? Apparently, the relevant authority could be exercised by the Federation Council, since the Constitution (clause “d” part 1 of article 102) refers the appointment of presidential elections, including early ones, to its jurisdiction. In any case, the legislative uncertainty of the powers of the President, the chambers of the Federal Assembly, the Chairman of the Government of the Russian Federation, associated with the resignation of the head of state, may, under certain circumstances, give rise to a constitutional and legal dispute over competence between them. The resolution of such a dispute is within the jurisdiction of the Constitutional Court of the Russian Federation in accordance with paragraph "a" part 3 of Art. 125 of the Constitution.

Termination by the President of his duties is possible in connection with:

1) with the expiration of his term of office(at the moment when the oath is taken by the newly elected President);

2) early termination of powers when:

- his resignation;
- persistent inability for health reasons to exercise his powers;
- removal from office.

The resignation implies the free will of the President. Powers temporarily pass to the Prime Minister.

The Constitution of the Russian Federation does not provide for any procedure for the case of persistent inability for health reasons to exercise the powers belonging to the president, but the Constitutional Court of the Russian Federation, giving Art. 92 of the Constitution of the Russian Federation, in a resolution of July 11, 2000, he indicated that such a procedure should be established by federal law. This is not about a short-term illness, but about a disorder of body functions that is permanent, irreversible, leading to the actual impossibility for the President to make decisions arising from his constitutional powers. The court emphasized that the procedure for early termination of powers for health reasons should exclude the possibility of turning this procedure into a method of unjustified removal of the President from office, and even more so into an unconstitutional method of appropriating the powers of the President of the Russian Federation by any body or person; in determining such an order, the principle of balance and interaction of all branches of power should be observed. In this case, due to the extraordinary nature of the reason under consideration, the will of the President of the Russian Federation may not be a mandatory prerequisite for the early termination of his powers.

Removal from office involves coercive actions specified in Art. 93 of the Constitution of the Russian Federation. In these cases, the election of a new President of the Russian Federation must be held no later than three months from the date of early termination of powers.

In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government, which is logical due to the absence of the post of vice president in the Russian Federation. The Chairman of the Government becomes the acting President of the Russian Federation in the event of the death of the President, a prolonged illness, when it is not of a persistent nature, in case of early termination of the duties of the President due to resignation or persistent inability to perform his duties for health reasons.

The interim President is limited in his. Yes, he has no right

dissolve the State Duma,
call a referendum, and
make proposals for amendments and revision of the provisions of the Constitution of the Russian Federation.

These restrictions stem from the fact that the acting President does not receive his mandate directly from the people.

The Constitution of the Russian Federation provides for the possibility of forced removal of the President from office on the basis of charges of high treason or other grave crimes. This, however, is a form of constitutional and legal, and not criminal, liability. This kind of institution, known in foreign constitutional law as "impeachment", is a strong guarantee against abuse of power and violation of the constitutional order by the head of state.

The beginning of the procedure for removing the President of the Russian Federation from office is associated with the fulfillment of two conditions. The accusation by the State Duma of the President of the Russian Federation of high treason or the commission of another grave crime must be confirmed:

1. the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation;
2. the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.

Consequently, both chambers, the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, participate in the procedure for removing the President of the Russian Federation from office. This creates

The President of the Russian Federation takes office from the moment of taking the solemn oath and, as a rule, terminates the exercise of his powers upon the expiration of the term for which he was elected. The Constitution provides for the possibility of early termination of the exercise of the powers of the President in the following cases:

1) resignations (at the initiative of the President himself);
2) persistent inability for health reasons to exercise their powers (due to no will dependent);
3) removal from office (at the initiative of the Federal Assembly).

In the event of the resignation of the President of the Russian Federation or early termination of his powers, the election of a new President of Russia must take place no later than three months from the date of early termination of powers. Early presidential elections must be held on the basis of the federal law on presidential elections. In cases where the President is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation. These include the long-term illness of the President (which is recognized as a sufficient reason for the early termination of his powers), the death of the President. The performance of the duties of the President by the Prime Minister is limited to a period of three months - until the election of a new President. The volume of rights and duties of the Chairman of the Government is less than that of a legally elected President. The Acting President does not have

the right to dissolve the Duma, call a referendum, make proposals for amendments and revision of the Constitution.

The current Constitution of Russia provides for the possibility of dismissal

President from office on the basis of the accusation against him of treason or committing a serious crime, the elements of these crimes are determined in the Criminal Code.

The Constitution established a clear procedure for considering the removal of the President. Both houses of the Federal Assembly, the Supreme Court, the Constitutional Court of the Russian Federation participate in this procedure. The procedure for removing the President from office goes through the following stages:

1) The State Duma, by a vote of at least one-third of the deputies, brings forward an accusation against the President, which may serve as a basis for removing him from office. The resolution of the State Duma on bringing charges against the President must be adopted by two-thirds of the votes of the total number of deputies of the chamber (ie, by a qualified majority of votes);
2) The Supreme Court and the Constitutional Court of Russia give an opinion on the decision of the State Duma. The Supreme Court gives an opinion on the presence of signs of a crime in the actions of the President. The Constitutional Court gives an opinion on compliance or non-compliance with the procedure for bringing charges (if a decision is made on non-compliance with the procedure, the consideration of the charge against the President is terminated);
3) adoption by the Federation Council of a decision to remove the President from office. Decisions on the removal of the President from office are adopted by the Federation Council by secret ballot by a qualified majority of votes (at least two-thirds) based on consideration of all materials: decisions of the State

Duma, conclusions of the Supreme Court and the Constitutional Court. The Federation Council has the right to adopt a resolution on the dismissal of the President from office no later than three months after the State Duma charges against the President. If within this period the decision of the Federation Council is not adopted, all charges against the President are considered dismissed. The dismissal of the President from office will not take place if, before the expiration of the three-month period, the Federation Council

dismisses the charges against the President. After removal from office (impeachment), the President may be held liable if he committed a crime, according to the norms of criminal law as an ordinary person.

According to the Constitution of the Russian Federation, the tenure of the President of the Russian Federation is six years, unless there are certain circumstances forcing him to leave the post of head of state before the expiration of the term for which he was elected.

According to the Constitution, there are the following grounds for terminating the powers of the President of Russia:

a) expiration of terms of office (six years). The expiration time is the moment of taking the oath by the newly elected President of Russia;

b) ahead of schedule in case of resignation, i.e. in case of voluntary resignation due to any political, personal or other circumstances (reasons);

c) ahead of schedule in case of persistent inability to exercise their powers due to health reasons;

d) in the event of dismissal from office on the basis of accusations of high treason or other grave crimes.

In all these cases, the duties of the President of the Russian Federation are temporarily performed by the Chairman of the Government of the Russian Federation. During the period of temporary replacement, he is not entitled to dissolve the State Duma, call a referendum, make proposals for amendments and revision of the provisions of the Constitution.

The Constitution of the Russian Federation provides for three cases of early termination of powers by the President of the Russian Federation:

His resignation;

Persistent inability for health reasons to exercise his powers;

Removal from office.

The dismissal of the President from office is the highest form of responsibility of the President. Forced removal from office (the so-called "impeachment") is one of the guarantees that the head of state will not allow abuse of power and involves a rather complicated procedure. This procedure is regulated in detail by the Constitution (Article 93).

1) the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation;

2) the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.

The withdrawal procedure itself has two stages:

1) The State Duma, by two-thirds of the votes of the total number of deputies (that is, 300 votes), decides on bringing charges. At the same time, the initiative must be shown by at least one third of the deputies of the State Duma (i.e., 150 deputies) and the conclusion of a special commission formed by the State Duma (by a majority of votes, i.e., 226 deputies) must be issued;

2) the decision to remove the President of the Russian Federation from office is made by another chamber of parliament - the Federation Council - by two-thirds of the votes of the total number of members (i.e. 119 votes) no later than three months after the State Duma charges against the President.

If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered dismissed.

In addition, when bringing charges, a number of conditions must be observed: it must be confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation, as well as the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges. The decision to remove the President of the Russian Federation from office is made by the upper house of parliament - the Federation Council by a majority of at least two-thirds of the total number of members of this chamber. In this case, the decision of the Federation Council must be made no later than three months after the State Duma charges against the President of the Russian Federation. If within this period the decision of the Federation Council is not adopted, then the accusation against the President of the Russian Federation is considered rejected.

Consequently, both chambers of the Federal Assembly, the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation participate in the procedure for removing the President of the Russian Federation from office. Thus, guarantees are created against political voluntarism and the most competent state authorities for resolving this issue are included in the procedure.

The subject of consideration by the Constitutional Court of the Russian Federation was the issue of temporary replacement of the position of the President of the Russian Federation and early termination of powers due to illness. In the Decree of July 11, 2000 No. 12-P "On the case of the interpretation of the provisions of Articles 91 and 92 (part 2) of the Constitution of the Russian Federation on the early termination of the powers of the President of the Russian Federation in the event of a persistent inability for health reasons to exercise his powers" it has been established that the early termination of the exercise by the President of the Russian Federation of his powers in the event of a permanent disability for health reasons to exercise his powers requires a special procedure in order to objectively establish the actual impossibility for the President of the Russian Federation in connection with the disorder of the functions of the organism, which are permanent , irreversible character.

Russian citizens witnessed the first voluntary resignation of President Boris N. Yeltsin in the history of modern Russia on December 31, 1999.

As for the dismissal of the President from office for health reasons, at present, unfortunately, no federal law has been adopted that regulates this procedure in detail.

In the event of early termination of powers as a result of voluntary resignation or due to illness, the former President of the Russian Federation enjoys a number of rights, which are defined in the Federal Law of February 12, 2001 No. powers, and members of his family.

The President of the Russian Federation, who has ceased to exercise his powers, is provided with state protection for life in the places of his permanent or temporary stay in in full. He and his family members retain the right to medical care, which they were granted earlier.

The President of the Russian Federation, who has ceased to exercise his powers, has immunity. He cannot be held criminally or administratively liable for acts committed by him during the period of exercising the powers of the President of the Russian Federation, as well as detained, arrested, subjected to a search, interrogation or personal search, if these actions are carried out in the course of proceedings on cases related to exercising the powers of the President of the Russian Federation.

In accordance with this Law ex-president The Russian Federation, regardless of age, is entitled to a monthly lifelong allowance in the amount of 75% of the monthly monetary remuneration of the President of the Russian Federation. He is given one of the state dachas for life use.

The President of the Russian Federation, who has ceased to exercise his powers, has the right to maintain an apparatus of assistants at the expense of the federal budget. For their accommodation, a separate service room is provided, equipped with furniture, office equipment, communications, including government communications.

The form of constitutional responsibility of the President of the Russian Federation is the possibility of his removal from office. This procedure is provided for in Art. 93 of the Constitution of the Russian Federation and is very complex and formalized, including several mandatory conditions.

First of all, The President of the Russian Federation can be removed from office only on the basis of an accusation of state treason or a serious crime. In this case, the lower house - the State Duma - brings charges against the President of the Russian Federation, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges. A proposal to this effect can only come from a group of deputies constituting at least 1/3 of the total number of members of the State Duma (150 deputies). The decision of the State Duma to bring charges must be taken by 2/3 of the votes of the total number of deputies of the chamber (300 deputies).

Secondly, considers the case and, in essence, makes a decision on the dismissal of the President of the Russian Federation from office by the upper house - the Federation Council. To recognize the President of the Russian Federation as guilty and, as a consequence, to remove him from office, 2/3 of the votes of the total number of the Chamber are required.

Thirdly If the decision of the Federation Council to remove the President of the Russian Federation from office is not adopted within three months after the State Duma charges against the President of the Russian Federation, then this accusation is considered rejected.

The President of the Russian Federation enjoys immunity, which follows from his constitutional position as head of state. Until the President of the Russian Federation is removed from office, it is impossible to initiate a criminal case against him, forcibly bring him to court as a witness.

After being removed from office, the President of the Russian Federation, if he committed a crime, will be held liable under the norms of criminal law as an ordinary citizen.

On May 15, 1999, the opposition in the State Duma made an attempt to start the procedure for removing the President of the Russian Federation from office on five charges, which was unsuccessful. This case demonstrates the impossibility of the actual implementation of Art. 93 of the Constitution of the Russian Federation until the constitutional wording of the grounds for removal from office of the President of the Russian Federation is changed.

In all cases when the head of state is unable to fulfill his duties, they are temporarily performed by the Chairman of the Russian Government for the period until the new elections of the President of the Russian Federation.