Presidential Powers in Russia: Constitutional Authority and the Power Vertical
The presidency of the Russian Federation is the dominant institution in the constitutional order. Under the 1993 Constitution and the 2020 amendments, the President exercises extensive powers that extend across all branches of government. The constitutional design reflects the drafters’ intent to create a strong executive capable of maintaining stability and unity in a vast and diverse country. The evolution of presidential power since 1993 has transformed the office from a constitutionally strong presidency into what scholars describe as a system of super-presidentialism.
Constitutional Framework
Article 80 of the Constitution defines the President as the head of state, the guarantor of the Constitution, and the guarantor of human and civil rights and freedoms. The President is not formally part of any branch of government but stands above the separation of powers as an arbiter and guarantor of the constitutional system. This position outside the classic tripartite division reflects the Russian constitutional tradition of a strong executive and the French Fifth Republic model that influenced the 1993 Constitution.
The President is elected by direct universal suffrage for a six-year term (extended from four years by the 2008 constitutional amendments). Candidates must be at least 35 years old, have resided in Russia for at least 25 years, and must never have held foreign citizenship or permanent residency abroad. The 2020 amendments reset the presidential term limit, allowing the incumbent to serve two additional terms after the amendments took effect.
Decree Powers
Article 90 authorizes the President to issue decrees (ukazy) and orders (rasporyazheniya) that are binding throughout the Russian Federation. Presidential decrees may be normative (establishing general rules) or individual (addressing specific cases). They must not contradict the Constitution or federal laws but may fill gaps in legislation where no federal law exists on a matter within presidential competence.
The decree power has been used extensively to reshape Russian governance. President Putin has issued thousands of decrees covering economic policy, administrative reform, national security, and social welfare. May decrees (maiskie ukazy) issued after each inauguration set national development goals and targets for the Government. The scope of decree authority expanded significantly after the 2020 amendments, which authorized the President to issue decrees on matters of joint federal-regional jurisdiction.
Appointment Authority
The President possesses extensive appointment powers. The President appoints the Prime Minister with the consent of the State Duma. Prior to the 2020 amendments, the Duma’s refusal to consent to the President’s nominee could lead to its dissolution. After the 2020 amendments, the President must accept the Duma’s approval but is not required to accept its rejection; if the Duma rejects three consecutive nominees, the President may dissolve the Duma and appoint the Prime Minister.
The President appoints and dismisses federal ministers, deputy prime ministers, and heads of federal executive bodies. The President directly manages certain ministries and agencies, including the Ministry of Defense, Ministry of Internal Affairs, Ministry of Foreign Affairs, Ministry of Justice, the Federal Security Service (FSB), and the Federal Service for Military-Technical Cooperation. These so-called power ministries report directly to the President rather than through the Prime Minister.
The President appoints judges of the Constitutional Court, Supreme Court, and federal courts. The 2020 amendments removed the requirement that the President consult with the Federation Council on the dismissal of Constitutional Court and Supreme Court judges, strengthening presidential control over the judiciary. The President also appoints the Procurator General, the Chair of the Central Bank, and members of the Central Election Commission.
Role in Legislation
The President has the right of legislative initiative — the power to submit draft laws to the State Duma. Presidential legislative initiatives receive priority consideration and carry significant political weight. Many of the most important legislative acts in post-Soviet Russia originated as presidential initiatives, including the codes of procedure, the Law on the Procuracy, and the 2020 constitutional amendments.
The President signs and promulgates federal laws. If the President refuses to sign a law (veto), the Federal Assembly may override the veto by a two-thirds majority in both chambers. In practice, presidential vetoes are rarely overridden. The President also has the power to address the Federal Assembly with annual messages on the state of the nation, which set legislative priorities and policy directions.
Control over the Security Council and Law Enforcement
The President chairs the Security Council, a constitutional body that coordinates policy on national security, defense, and foreign affairs. The Security Council includes the Prime Minister, the chairs of both houses of parliament, the ministers of defense, interior, and foreign affairs, the directors of the FSB and the Foreign Intelligence Service, and other senior officials. The Security Council has evolved from a consultative body into a key decision-making forum.
The President is the Supreme Commander of the Armed Forces. The President approves military doctrine, appoints the high command, and may declare martial law under circumstances provided by federal law. The President also exercises direct control over law enforcement agencies through the power ministries. This control has been used to centralize law enforcement, combat political opposition, and manage legal proceedings against government critics.
Grounds for Removal
The Constitution provides for the removal of the President from office through an elaborate procedure. Removal is possible only for high treason or the commission of another grave crime. The procedure requires a criminal charge initiated by the State Duma, confirmed by a Supreme Court opinion, upheld by a Constitutional Court opinion, and approved by a two-thirds vote in the Federation Council.
These requirements make removal virtually impossible in practice. The procedure has never been used. The 2020 amendments added a provision allowing former presidents to serve as senators for life and granted former presidents immunity from prosecution except for grave crimes. These provisions effectively eliminated accountability mechanisms for the President and created a permanent constitutional status for former officeholders.
The Power Vertical
The concept of the power vertical (vertikal vlasti) describes the system of hierarchical subordination of all levels of government to the federal executive, culminating in the President. The power vertical was developed under President Putin to reassert federal control over regional governments, law enforcement, and the judiciary. The system operates through presidential plenipotentiaries in federal districts, the power to dismiss regional governors, coordination of law enforcement agencies, and presidential oversight of judicial appointments.
The power vertical has fundamentally altered Russian governance. Regional autonomy has been eliminated, judicial independence has been compromised, and legislative oversight has been reduced. The system concentrates decision-making authority in the presidential administration and reduces all other institutions to implementing bodies. Critics argue that the power vertical has undermined the constitutional principle of separation of powers and created a system of personalized rule.
Significance
The Russian presidency is one of the most powerful executive offices in the world. The 1993 Constitution created a strong presidency, and subsequent practice and the 2020 amendments have expanded presidential powers far beyond the original constitutional framework. The President exercises effective control over legislation, administration, law enforcement, and the judiciary. The concentration of power in the presidency has significant implications for Russian constitutionalism, political development, and the protection of rights, raising fundamental questions about the nature of the constitutional order.