RSFSR law ‘On the President of RSFRS’ adopted

The post of the RSFSR President elected by the national vote was established as a result of the national referendum of March 17, 1991. On this day the people of USSR took part in the referendum regarding the retention of the Soviet Union and in addition to that the RSFSR citizens replied to the following question: ‘Do you consider it necessary to introduce the post of the RSFSR President elected by the national vote?’. 75.42% of voters of the electoral roll participated in the vote on this issue. 69.85% of them voted for the introduction of the President’s post. This percentage equaled to 53 385 275 people; against the post voted 27.89% or 21 406 152 people.

On April 24, 1991 the Supreme Council of RSFSR adopted the law ‘On the RSFSR President’.

The law contained 11 clauses and characterized the President as the highest official of the RSFSR and the head of the RSFSR executive power. Many functions, authorities and areas of activity of the President were formulated in view to strengthen the authority of the Russian state power so that the laws are observed. However under the clauses 5 and 8 of the abovementioned law the People’s Deputies Congress and the Supreme Council had serious leverages regarding President’s deeds and decisions. Upon a resolution of the Constitutional Court they could annul his decrees and also demand from the President an extraordinary report on the situation in the country and the measures he has been taking.

Most of the authorities granted by the law ‘On the President of RSFSR’ were included into the Constitution of 1993, in particular: the right for legislative initiative; the right of suspensive veto to the laws adopted by the Chambers with a possibility for the Parliament to overcome it during the second consideration of the law; the right of assigning the Chairman of the Government of the Russian Federation by consent of Parliament, etc.

When the Constitution of the Russian Federation had been adopted by the national vote, the RF President issued the decree N 2288 on December 24, 1993 under which the law ‘On the President of RSFSR’ was abolished. It was no more valuable for the state power bodies, local authorities and officials. Today there is not a single law elucidating the realization of norms on the RF President. The bill of the Federal law ‘On the status of RF President’ was submitted for consideration to the State Duma back in 1997. It was given the second reading in 2003 but voted down on April 10, 2003 on the grounds of the fact that ‘the majority of the bill’s provisions agree with the norms of the Constitution of the Russian Federation (Russian Duma decree №3860-III GD).

Lit.: О Президенте РСФСР: закон РСФСР от 24 апреля 1991 г. № 1098-1 // Ведомости Съезда народных депутатов РСФСР и Верховного Совета РСФСР. 1991. № 17. С. 512; Сборник законодательных актов о Президенте РСФСР, о выборах Президента РСФСР: Официальный текст. М., 1991.