The President of the Russian Federation is universally recognized as the main official of the state. On the basis of the current version of the Constitution of the country, he is elected for a term of 6 years, after which he is obliged to resign. However, if necessary, there are also spelled out the grounds for the early termination of the presidential powers. They are used exclusively in the case when there are compelling circumstances that prompt the head of state to leave his post.
Grounds
All the grounds for the early termination of the powers of the President of the Russian Federation are clearly recorded in the 92nd article of the Constitution. Only the 3 reasons cited in it can be applied so that the president can resign from his chosen post. Currently, such reasons may include:
- dismissal from office;
- resignation;
- inability to fulfill long-term work requirements for health reasons.
However, it is worth recognizing that in addition to the above reasons for the early termination of the powers of the President of the Russian Federation, there are a number of others. These include the death of the head of state, his loss of legal capacity, regardless of the reasons, the recognition of the president as dead or missing. That is, in those situations when he simply physically cannot fulfill his role.
President's resignation
One of the main reasons for the early termination of office of the President of the Russian Federation can safely be called resignation. It is carried out exclusively at the voluntary request of the head of state to resign from his post until the immediate expiration of his term. Moreover, the motives for such a resignation are regulated exclusively by the president himself and by no one else. The procedure for the early termination of the powers of the President of the Russian Federation in a similar way has still not been clearly regulated. Now for this you will need to write a written statement in which the president reveals his desire to leave office. After this, the application cannot be withdrawn, since in the future it will be exclusively engaged in the country's parliament - the Federal Assembly of the Russian Federation.
Health 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 their health. Such a situation should be resolved exclusively with the help of a legally regulated procedure, however, such an act has not yet been adopted. At the moment, an understanding of such a rule was formulated exclusively by the Constitutional Court of the country in its Resolution of 2000. First of all, he demands that in such a procedure of removal, it is impossible to carry out a facilitated procedure to exclude any possibility of an unreasonable early termination of the powers of the President of the Russian Federation. Moreover, during such a period, no person or state body has the right to appropriate his powers in an unconstitutional way.
Impeachment
The removal of the head of state, better known in Western countries as the impeachment procedure, is the highest form of responsibility of the president. 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 grounds for removal from the post of president can only be treason, approved in article 275 of the Criminal Code, as well as committing a serious crime on the list. However, one should take into account the fact that many scientists are proposing to consider such grounds in a political aspect, and not at all criminal. Under treason, they imply the commission of actions that clearly harm the interests of the country, the apparent abuse of their powers, the undermining of sovereignty, the adoption of acts that violate the constitutional rights and freedoms of ordinary citizens and other violations that entail a crisis in political, law enforcement or other systems.
The procedure for the revocation
The impeachment procedure in the Russian Federation is clearly enshrined in article 93 of the Constitution. To do this, you need to go through several stages:
- At least a third of the members of the State Duma should bring charges, on which a specially appointed commission gives an opinion.
- Further, the Duma decides whether they are really going to bring charges against the head with a vote of at least 2/3.
- The country's Supreme Court ascertains whether there are signs of a crime in the president’s actions, and the Constitutional Court issues a conclusion on whether the procedure for bringing charges has been established by law.
- After that, the Council of Federations must vote for the removal of the President of the Russian Federation from his post by the number of votes at least 2/3.
All this is carried out within 3 months after the State Duma makes charges, otherwise it is considered rejected.
Cases of early termination of powers of the President of the Russian Federation
In the history of the country, several attempts by the State Duma to remove President Yeltsin from his post can be cited as an example. The first began in 1995 when the September 1993 coup and the events in Chechnya were brought against him. However, most deputies simply did not vote, so no decision was made. The second attempt began in 1999, but it also failed.
Ultimately, Boris Yeltsin voluntarily resigned on the last day of 1999 through a decree and notice. This is what can be called the only successful case.