The Fed meeting consists of. Federal Assembly of the Russian Federation - Parliament of the Russian Federation: general characteristics


The Federal Assembly of the Russian Federation is the country's highest representative institution. It ensures the expression of the interests of the population and conducts rule-making activities. The formation of the Federal Assembly of the Russian Federation is carried out in accordance with current legal acts. The structure includes two bodies, the competence, features of creation and activities of which are regulated by Federal Laws No. 113 and 175.

Upper house of the Federal Assembly of the Russian Federation

She constantly represents current structure. It includes 2 representatives from each region of the country. The Council is created in accordance with Federal Law No. 113. The competence of the Federation Council includes the following issues:

  1. Calling elections for the head of state and removing him from office.
  2. Approval of decrees issued by the president on the introduction of military force in the country as a whole or in its individual areas.
  3. Appointment and removal from office of the Prosecutor General, Deputy Chairman Accounts Chamber and 50% of its auditors.
  4. Approval of borders between regions.
  5. Appointment of officials of the High Courts.

The Federation Council of the Federal Assembly of the Russian Federation also gives consent to the deployment of the country's armed forces outside its borders. His responsibility also includes the approval or rejection of draft regulations.

Federal Assembly of the Russian Federation

It is formed of 450 deputies. This body is the lower house of the Federal Assembly. The election of deputies is carried out for 4 years. The first meeting is scheduled for the 30th day after the elections or earlier than this date. Voting for deputies is carried out in the manner provided for in Federal Law No. 175 and others regulations regulating suffrage. The following issues fall under the jurisdiction of the State Duma:

  1. About trust in government.
  2. Appointment and removal from office of the chairmen of the Central Bank, the Accounts Chamber and 50% of auditors, as well as Commissioner of Russia on human rights.
  3. Bringing charges against the president to remove him from power.
  4. Approval of the candidacy for the post of Prime Minister proposed by the head of the country.

In addition, the State Duma discusses and adopts draft regulations.

Rulemaking

The Federal Assembly of the Russian Federation is considered a key subject legislative process. The State Duma accepts draft regulations and sends them to the Federation Council for approval. To resolve any disagreements that arise between them, a conciliation commission. An adopted normative act is considered to be a document approved by the State Duma and approved by the Federation Council. The procedure for adoption and approval is determined by the Constitution of the Russian Federation. The Federal Assembly sends the adopted and approved act to the president for signature.

Dissolution of the State Duma

It is carried out by the president. The grounds for dissolving the State Duma may include:

  1. Three times the candidacy for the post of Prime Minister proposed by the head of the country was rejected.
  2. Denial of confidence in the Supreme Executive Body. In this case, the initiative must come from the chairman of the government.

The dissolution of the lower chamber is not allowed:

  1. For a year since its creation.
  2. From the date of bringing charges against the president until the adoption of a decision on it by the Federation Council.
  3. During a state of emergency or martial law in the country.
  4. For six months before expiration

After the dissolution of the State Duma, the head of the country sets a voting date. Moreover, it should be determined in such a way that the newly created body meets no later than four months. since disbandment.

Specifics of creating a Federation Council

As part of improving the public administration system, a administrative reform. During it, changes were made certain changes in the formation of parliament. New rules were introduced into the Law “On the Federal Assembly of the Russian Federation”. In particular, the procedure for creating the Federation Council was determined. It included the heads of the executive and legislative bodies of the subject. However, by the end of the 1990s. this system was found to be ineffective. In accordance with the Law adopted on August 5, 2000, the Federation Council began to include not heads, but representatives of the executive and legislative bodies of the subject. The heads of these structures appoint relevant officials within three months from the date of taking office. This decision formalized in the form of a resolution (decree). If at an extraordinary or scheduled meeting a third of the total number deputies, the order does not come into force.

Nuance

It should be noted that the procedure for nominating representatives to the Federation Council from the unicameral and bicameral representative bodies of the subject is different. In the first case, from the date of the first meeting, a representative is selected within three months at the proposal of the chairman. In the second case, candidates are proposed alternately by both chambers. An alternative proposal may be made by a group of deputies. A representative from each house is nominated for half of its term. The decision on appointment is made by secret ballot. State authority no later next day after the resolution comes into force, notifies the Federation Council about it and within five days sends the corresponding act to the Federation Council.

Other changes

The reforms affected the rules for electing deputies to the State Duma. The fourth convocation was formed in accordance with the Federal Law adopted on December 20, 2002. Elections took place 50% in single-mandate constituencies and 50% according to lists submitted political parties. Candidates could also run as self-nominated candidates, from an electoral bloc, or as part of an association. Only those parties that have overcome the 7% threshold can exercise the right to nominate persons. The decision to present a list of candidates is approved by secret ballot. The total number of persons nominated by the party cannot be more than 270 people.

Regulatory acts of the Federal Assembly

The powers of the Federal Assembly of the Russian Federation are clearly regulated legal documents. Each body included in the structure of the FS makes decisions by majority. On some issues, a different procedure for approving resolutions may be provided. Such cases are prescribed in the Constitution. It contains norms that clearly establish the range of issues within the jurisdiction of the FS. In particular, the powers of the Federal Assembly of the Russian Federation are established in Art. 102 and 103. The Federation Council, for example, approves decisions on issues within its competence current standards, and directly related to his internal activities. The latter are determined by regulations, provisions and the relevant Federal Law. The Federal Assembly of the Russian Federation often considers topical issues relating to the life of the country. Resolutions often highlight shortcomings of existing government agencies and include appeals to representative structures about the need to adopt certain regulations to improve the situation. At the same time, every year the president reads a message to the Federal Assembly of the Russian Federation. It sums up the work done and sets new tasks. In accordance with them, the agenda of FS meetings is formed.

General areas of work

The Federal Assembly of the Russian Federation consists of two relatively independent parts. The main work on the adoption of regulations is carried out in the State Duma. The Federation Council also has legislative initiative. Draft regulations that are submitted for consideration undergo legal review and are endorsed responsible persons. The Federal Assembly of the Russian Federation, through the Federation Council, can make statements and appeals, including to the government and the president. They are adopted in the manner prescribed for the approval of resolutions. As a rule, wishes are of a recommendatory nature. As for the State Duma, it can also receive appeals and statements. They are formalized by resolutions. Appeals and statements are quite diverse in content. They are adopted much more often than in the Federation Council. The most pressing issues in them are problems of a socio-economic and internal political nature. At the same time, such appeals and statements, having a certain impact on executive structures authorities cannot contain binding norms for the government or the president. In this regard, they, like the recommendations of the Federation Council, can have exclusively moral and political significance. Particular impact on activities executive branch provide statements and appeals from the State Duma regarding decisions international issues. They usually assess foreign policy processes foreign countries. Accordingly, such appeals and statements can cause quite a large international resonance.

Parliamentary Center

In the mid-2000s. Discussion began on the idea of ​​uniting the Federation Council and the State Duma in one building. In 2012, this proposal was supported by D. Medvedev, the then president of the country. The authors of the project for the construction of a new structure justified its need for the crowdedness in the offices of parliamentarians, great distance services necessary for them to effectively carry out their responsibilities, as well as the desire of management to move power structures from the central part of the city to reduce traffic congestion. Various areas were considered for placement. It was proposed to locate the parliamentary center on Kutuzovsky Prospekt, in "Moscow City", on Frunzenskaya embankment, at Tushinsky airfield, on Krasnaya Presnya, on Sofiyskaya or Moskvoretskaya embankment. In September 2014, however, an area in the Mnevnichenskaya floodplain was selected.

Implementation difficulties

Members of the Federation Council and the State Duma were asked, together with the Office of Presidential Affairs and the Federal Security Service, to choose a project for a future structure based on an architectural competition. However, the works caused aesthetic disagreements among parliamentarians. It was not possible to resolve them even during a repeat competition. The issue of financing was particularly challenging. It was initially assumed that the costs of constructing the parliamentary center would be borne by private investor, who will subsequently receive ownership of these structures. In the future, construction was allowed in its place hotel complex, entertainment facilities, etc. It is assumed that the work of the parliamentary center could begin as early as 2020. However, according to information from other sources, construction was postponed indefinitely due to the difficult socio-economic situation.

Conclusion

The Federal Assembly acts as the highest representative and legislative body in the country. Its main task is rule-making activity. The FS discusses, supplements, changes, and approves the most important laws on topical issues, arising in various fields life of the state. The current regulations establish the procedure for adopting the Federal Law. It involves several readings of the draft in the State Duma, discussion, and the making of proposals and amendments. Required condition is the agreement of the document with the Federation Council. If the Federation Council identifies any shortcomings, appropriate recommendations are drawn up. They, together with the draft act, are sent back to the State Duma. The State Duma, having approved the amendments, votes for the adoption of the law. After that, it is again sent to the Federation Council, and from there to the president for signature. At the same time, the head of the country can veto the Federal Law. The competence of the Federal Assembly also includes other issues relating to the internal political and socio-economic life of Russia.


Federal Assembly - parliament Russian Federation; it, together with the President, the Government, the courts of the Russian Federation and other state bodies, exercises state power and is the legislative body in the system of separation of powers. However, the Federal Assembly is not the only legislative body in the country.

Firstly, most important laws, For example current Constitution, can also be adopted by the electoral corps (the people, people participating in voting). Secondly, in Russia there are also legislative bodies of the constituent entities of the Federation. Legislative function The Federal Assembly is not its only function. Parliament also carries out other activities (control, etc.).

The term “parliament” itself translated from French means “talking shop”. The birthplace of parliament is England, where since the 13th century. The king's power was limited to a meeting of the largest feudal lords, the highest clergy and representatives of cities and counties. Then parliaments appeared and other European countries. IN modern world they exist in a slightly different form in many countries on different continents. In Russia, this “invention” began to be used much later, and it did not take root immediately. Let us remember that Tsar Nicholas II decided to adopt the Manifesto of December 17, 1905, which announced the creation of a parliament, under strong social pressure.

The fate of the first convocations of the State Duma was sad. The revolution of 1917 put an end to the existence of the nascent parliamentarism, although formally legislative bodies existed - Supreme Council USSR, etc. And only in 1990 did parliamentarism in Russia begin to revive. Of course, during such short periods of the existence of the parliament in Russia, it was impossible to polish its work. Parliament in our country is still in its infancy.

General characteristics of the Federal Assembly. It is contained in chap. 5 of the Constitution of the Russian Federation.

  1. Parliament has a representative character. This means that he is seen as a spokesman for the interests and will of the people, and not just those who participated in the election of deputies. It is believed, in other words, that parliament itself knows what the people want and expresses their will in laws and other acts, without being controlled by anyone (of course, within the framework of the Constitution). In principle, this is true, but subject to free democratic elections. Parliament is a cross-section of society. All citizens (in the State Duma) and all subjects of the Federation (in the Federation Council) are represented in the Federal Assembly. The Federal Assembly is not higher authority for other representative bodies (subjects of the Federation, bodies local government etc.), since in Russia the principle of unity of the system of representative bodies has not been established. His influence on them is limited mainly to the adoption of laws.
  2. Parliament is a legislative body. The adoption of laws is the main task of the Federal Assembly, and its implementation should occupy the activities of deputies leading place. Approval of budget, adoption of rules internal regulations work of parliament, parliamentary control- these are also very important powers, but still they are not the main ones. It is important to note that the competence of parliament is not unlimited. If previously the Supreme Council could accept any issue for its consideration, now it has been taken away from parliament administrative functions, limited controls.
  3. Federal Assembly - permanently acting body. The regulations of the chambers indicate specific dates the beginning and end of the session, as well as vacations.
  4. The Federal Assembly consists of two chambers - the Federation Council and the State Duma. Despite the fact that the Federation Council consists of members called upon to express the interests individual areas, regions, subjects of the Federation, he is government agency the entire Federation, and its decisions are not addressed individual subjects Federation, and the state as a whole, i.e. all of Russia. The State Duma represents the entire population of the Russian Federation.
  5. The Federation Council and the State Duma meet separately. Joint meetings are held only to hear messages from the President, Constitutional Court and speeches by leaders foreign countries. This was done in order to “restrain” the Federal Assembly from hasty, ill-considered, emotional decisions, and to extinguish the ardor and imprudence of deputies. After all, the victorious majority in the State Duma can purely mechanically (by voting) impose its will on the government and the people. The Federation Council, approving or rejecting laws adopted by the State Duma, sort of controls and restrains it and therefore is also called the upper house of parliament, although these terms (upper, lower) are not used in the Constitution.

Place of the Federal Assembly in the system of organs state power Russian Federation

Note 1

In Art. $94$ The Constitution of the Russian Federation states that Federal Assembly is a representative legislative body. As an element of the system of government bodies, the Federal Assembly represents the entire multinational people Russian Federation, performing legislative functions. One of the chambers of the Federation Council is a representative of the constituent entities of the Russian Federation (it includes one representative from the executive and one executive from legislature subject of the Russian Federation).

The Federal Assembly is authorized to perform the following functions:

  • representative;
  • legislative;
  • test.

Definition 1

It is a set of powers through which the main functions of parliament are implemented.

Powers of the Federal Assembly consist of three groups:

a) powers that are exercised by one chamber;

b) powers that are exercised by two chambers;

c) powers exercised equally and independently of each other by both chambers of the Federal Assembly.

Competence of the Federal Assembly is:

  • approval of changes in the boundaries of constituent entities of the Russian Federation;
  • approval of decrees of the President of the Russian Federation on the introduction of martial law or a state of emergency;
  • calling elections for the President of the Russian Federation, etc.

The Federal Assembly is formed and carries out its activities on the basis of the following principles:

  • people's representation;
  • federalism;
  • periodic renewal of the composition of the chambers of parliament;
  • political diversity and multi-party system.

Structure of the Federal Assembly consist of two chambers: (Fig. 1):

  • Federation Council (upper house);
  • State Duma (lower house).

Figure 1. Structure of the Federal Assembly of the Russian Federation

Both chambers are equipped differently. The State Duma includes $450$ ​​deputies. The Federation Council includes one representative from the executive body and one representative of the government body from each subject. Thus, from $83$ subjects we get $166$ people – members of the Federation Council. However, one person cannot be a member of both chambers.

Note 2

The State Duma is elected for $5$ years and this term is established by the Constitution of the Russian Federation. There is no deadline set for the Federation Council. Elections of deputies to both chambers are carried out in accordance with the legislation of the Russian Federation.

Activities of the Federal Assembly

The Federal Assembly is a government body that operates permanently. The beginning and end of sessions, as well as the dates of vacations, are specified in the regulations of both chambers.

The upper and lower houses hold their meetings separately from each other. Deputies sit jointly only in special cases. An example of such a case is hearing the message of the President of the Russian Federation. Such organization of the activities of the chambers of the Federal Assembly is necessary to exclude rash, hasty decisions of deputies, as well as the influence of their emotions on the decisions made.

The Constitution of the Russian Federation has endowed both chambers with completely different competencies, thereby providing a system of “checks and balances” for parliamentary activities. In this system, the Federation Council acts as a so-called brake in relation to the State Duma, preventing the possibility of power in the elections to the State Duma.

Note 3

So, we can say that parliament is assigned the role of the highest legislative and executive body and a kind of balancing force of competing political forces. He acts as a defender of the interests of the forces that have the least ability to influence political life countries.

Control powers of the Federal Assembly of the Russian Federation

The Federal Assembly of the Russian Federation is vested control powers in relation to the President of the Russian Federation and the Government of the Russian Federation. Exists special form exercise of these powers:

  1. the established procedure for removing the President of the Russian Federation from office;
  2. exercising supervision over the execution of the budget of the Russian Federation;
  3. announcement of a “vote of no confidence” to the Government of the Russian Federation.

The removal of the President of the Russian Federation from office can only occur on the basis of accusations of high treason or committing another felony. This accusation is brought forward by the State Duma and must be confirmed by a conclusion Supreme Court of the Russian Federation on the 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 that the accusation was brought in compliance with the established procedure.

The State Duma makes a decision to bring charges, and the Federation Council makes a decision to remove the President of the Russian Federation from office. In this case there must be at least $2/3$ votes from total number in each of the chambers on the initiative of at least $1/3$ of deputies of the State Duma and there must be a conclusion special commission which is formed by the State Duma.

After the State Duma has brought an accusation against the President of the Russian Federation, the duty of the Federation Council is to make a decision on the impeachment of the President of the Russian Federation in three month period. If in specified period no decision was made, then the charge against the President is rejected. If a decision is made to remove the President of the Russian Federation from office, early elections of a new Head of State must be scheduled within three months.

In the field budget control The Federal Assembly is authorized to:

1) consider the federal budget presented by the Government of the Russian Federation and the report on its execution;

2) hear reports on the execution of the federal budget.

A “vote of no confidence” in the Government of the Russian Federation is expressed in the State Duma’s fundamental disagreement with the Government’s policies in general or on some serious issue, as a result of which they cannot further cooperate together.

The decision of no confidence in the Government of the Russian Federation, which was put forward by the State Duma, is considered adopted if there is a majority of votes of the deputies who voted for it, namely, at least $226$.

As a result of a vote of no confidence in the Government of the Russian Federation, the President either agrees with the opinion of the Federal Assembly and dismisses the Chairman of the Government and his entire composition, or does not agree and is forced to dissolve the State Duma, calling early elections. If the President of the Russian Federation disagrees with the State Duma’s conclusion of no confidence in the Government of the Russian Federation, the State Duma must reconsider this question. And if within three months the State Duma again expresses its no-confidence in the Government of the Russian Federation, the President of the Russian Federation, if he still does not agree with the opinion of the deputies, dissolves the State Duma.

Note 4

If he agrees with the opinion of the State Duma, the President nominates a new candidacy for the Chairman of the Government of the Russian Federation.

Fundamentals of the constitutional status of the Federal Assembly, its place in the system of state bodies

1. The Federal Assembly - parliament - is the representative and legislative body of the Russian Federation. The Federal Assembly, consisting of two chambers - the Federation Council and the State Duma, is a nationwide federal representative institution. The Russian Parliament is a representative body of the entire multinational people of the Russian Federation, all its constituent parts - subjects, and is called upon to express the will, realize the sovereignty, interests of the people, and reflect the opinion of the subjects of the Federation. The representative nature of the Federal Assembly is determined by the order of formation of its chambers. National elections of deputies to the State Duma also determine its representative nature, ensure that its activities reflect various political views, the interests of different social strata and groups, the population of different territories, ideological diversity, and political pluralism.

The representative nature of the Federal Assembly is manifested to a certain extent in the composition of the deputies of the State Duma. Among them are representatives of many nations, nationalities, ethnic groups inhabiting our country, different strata of society, political organizations, professions, bearers of various ideological views, religious views. Their composition somewhat reflects the demographic structure of the population: there are men and women, people of different age groups. The interests and opinions of social, professional, demographic, and ethnic groups can be represented in parliament not only by persons belonging to them. Other people can do this too. Plenipotentiary representatives of the people who can express it common interests and the interests, opinions of its constituent parts, parliamentarians become as a result of elections in which voters expressed confidence in them, their programs, and political guidelines.

The representative nature of the State Duma is also manifested in the establishment of a certain period, after which (or even earlier - with the early dissolution of this chamber) new elections are held and the composition of deputies is renewed. This contributes to the timely consideration of new needs, opinions, and sentiments of the people.

2. The Federal Assembly personifies the legislative power of the Russian Federation, carries out a legislative function throughout Russia, including adopting laws on federal budget, exercises parliamentary control. The legislative body of the Russian Federation, at the same time, does not have comprehensive competence; it should not replace the judicial and executive authorities, go beyond the competence of the Russian Federation and interfere in issues on which the subjects of the Federation independently exercise full power. The constitutional status of the Federal Assembly reflects the principle of separation of powers, as well as such a principle of the federal structure of Russia as the delimitation of jurisdiction and powers between the state authorities of the Russian Federation itself and the state authorities of its subjects. In relations with other government structures, the Federal Assembly acts as an independent body legislative branch, carrying out the functions inherent in parliaments. It is not legally subordinate to any government body, including the President or the Government.

The relationship between the Federal Assembly and the President of the Russian Federation is very significant. He participates in the legislative process, signs laws, promulgates them and has the right of veto, can dissolve the State Duma early, but only in cases specified by the Constitution of the Russian Federation calls elections for this chamber.

The Federal Assembly plays a significant role in relation to the Government of the Russian Federation - the body exercising executive power in the Russian Federation. The State Duma participates in the appointment of the Chairman of the Government of the Russian Federation, giving consent to the President. The Government of the Russian Federation bears political responsibility not only to the President of the Russian Federation (although mainly to him), but also to the State Duma, which can express no confidence in him.

The Federal Assembly may carry out legislative regulation of the system of federal legislative, executive and judicial authorities, the order of their organization and activities, can regulate the general principles of organizing representative and executive bodies state power.

The relationship between parliament and the judiciary, which is independent and subordinate only to the Constitution of the Russian Federation and the law, is of great importance. The Federation Council appoints senior judges courts, which, however, are irreplaceable in the future. The Constitutional Court plays an important role in ensuring the constitutionality of laws and resolves cases on the compliance of federal laws and regulations with the Constitution of the Russian Federation. Acts recognized by him as unconstitutional, including laws or their individual provisions, lose force.

Chambers of the Federal Assembly: composition, formation procedure, internal organization

1. The Federal Assembly has a bicameral structure and consists of the Federation Council (this chamber in the means mass media often called the upper one, but the Constitution of the Russian Federation does not use this term, although it puts it in first place) and the State Duma (it is sometimes called the lower one, rather by analogy with foreign parliaments). The bicameral structure of the Federal Assembly has a number of main features: 1) independence of the chambers. It is manifested in the delimitation of their functions, their independent implementation, the absence of subordination of the chambers, in own competence each of them, independence in the internal organization; 2) unequal competence of the chambers - they are responsible mainly for different issues, and in the legislative process they have different powers; 3) different order formation of chambers; 4) features of the representative nature of each chamber

2. Composition of the chambers determined by the Constitution of the Russian Federation. The Federation Council consists of representatives from each subject of the Russian Federation - two from each of the subjects of the Russian Federation. According to the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” dated December 5, 1995, these representatives are the heads of the executive and legislative (representative) bodies of state power of the constituent entity of the Russian Federation, who are members of the Federation Council ex officio. Taking into account the number of subjects of the Federation (89), the composition of the Federation Council should consist of 178 people. The number of deputies of the State Duma is established by the Constitution of the Russian Federation , there are 450 of them (part 3 of article 95).

3. The procedure for the formation of the Federation Council and the election of deputies of the State Duma is established on the basis of the Constitution of the Russian Federation by federal laws. The State Duma is elected for a term of four years. However, both chambers of the first convocation were, as an exception, elected in December 1993 for two years.

In the future, the Constitution does not provide for the election of the Federation Council, and the composition of representatives from each subject of the Russian Federation, naturally, can change when the personal composition of the chairmen of the legislative bodies of the subjects, who are elected by their deputies from among their members, changes, as well as the heads of the executive bodies of the subjects (these leaders must be elected by the population regions, and their elections are conducted in accordance with the law).

It is clear that the deputy corps and heads of executive bodies of the constituent entities can be renewed as a result of regional elections. Elections of the Federation Council itself and its term of office are not provided for by the Constitution.

Deputies of the State Duma are elected by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot. A citizen of the Russian Federation who has reached the age of 21 on election day can be a deputy of the State Duma. Half of the deputies - 225 people - are elected in single-mandate constituencies: one deputy from each district. In this case, elections must be alternative: in each such district there must be at least two candidates. The remaining 225 deputies of the State Duma are elected from the federal electoral district in proportion to the number of votes cast for federal lists candidates for deputies nominated by electoral associations, electoral blocs. Thus, when electing deputies to the State Duma, a mixed electoral system is used. In single-mandate electoral districts (there are 225 of them), the election results are determined according to the majoritarian electoral system of relative majority. And the results of voting for federal lists of candidates in a single federal electoral district, which includes the entire territory of the Russian Federation, are determined by the proportional electoral system.

Voters and electoral associations and electoral blocs can nominate candidates for deputies directly. The latter can nominate both candidates in single-mandate districts and a federal list of candidates in the federal electoral district, and voters themselves can nominate only in single-mandate districts, and every voter who has reached the age of 21 can nominate a candidacy. In single-mandate districts, at least 1% of voter signatures from the total number of voters in a given electoral district must be collected in support of a candidate. In support of the federal list of candidates, an electoral association or electoral bloc is required to collect at least 200 thousand voter signatures, and no more than 14 thousand of this number should fall per subject of the Russian Federation. Instead of collecting signatures, an election deposit may be made.

The candidate who received the largest number of votes from voters who took part in the voting is considered elected in a single-mandate electoral district. Elections are considered valid if at least 25% of registered voters in the district took part in them.

The election results in the federal electoral district are determined according to the proportional system, taking into account the so-called five percent “barrier point”. First of all, those electoral associations, electoral blocs whose lists received less than 5% of the votes of voters who took part in the federal electoral district are excluded from the distribution of deputy mandates in the federal electoral district. voting. The meaning of this “barrier” is to prevent the predominance in parliament of small political groups that have received a small share of votes, to promote the consolidation of parliamentary factions, which should make parliament more stable and predictable. Next, the sum of votes cast for federal lists of candidates from electoral associations, electoral blocs that received 5 or more percent of the votes of voters who took part in the voting is calculated, i.e. overcame the “barrier”. Then this amount is divided by the number of mandates distributed in the federal electoral district - 225. The result is an electoral quotient, i.e. the “weight” of one mandate is determined. Then the number of votes received by each electoral association, bloc, which received five or more percent of the votes, is divided by this electoral quotient and the number of deputy mandates received by the association, bloc is determined - this is the integer part of the number obtained as a result of the division. Thus, electoral associations and blocs receive a number of deputy mandates corresponding to the number of votes cast for their lists of candidates (the more votes, the more deputy mandates). The legislation provides for the rules for the secondary distribution of the remaining undistributed mandates, taking into account the fractional parts (residues) obtained as a result of the first division, as well as the distribution of mandates within the candidate list of an electoral association.

Received by an electoral association, bloc parliamentary mandates are distributed among candidates from the federal list of this association or bloc in accordance with the order in which candidates are placed on this list, in accordance with their order in it. The candidates listed at the beginning of the list receive parliamentary mandates first. An electoral association or bloc, placing candidates on the list, divides it (in whole or in part) into regional groups of candidates (by constituent entities of the Russian Federation or their groups); in this case, a part of the list may be allocated, covering candidates not included in the regional groups, and this part of the list cannot contain more than 18 candidates. They are located at the beginning of the list, and when the mandates are distributed, they are the ones who receive them first.

If a deputy elected to the State Duma according to the federal list of candidates of an electoral association, electoral bloc retires early, then his mandate, by resolution of the State Duma, is transferred to the next candidate from the same federal list after the retiring candidate. Thus, the corresponding electoral association does not lose its deputy mandate even if the deputy elected in the federal district resigns.

4. The 1993 Constitution of the Russian Federation provides for the possibility of early dissolution of one of the chambers of the Federal Assembly - the State Duma. This can be done by the President of the Russian Federation in the cases and in the manner established by Art. 111, 117 of the Constitution of the Russian Federation: 1) after three times rejection by this chamber of candidates for the Chairman of the Government of the Russian Federation presented by the head of state; 2) if the State Duma, within three months, repeatedly expresses no confidence in the Government of the Russian Federation; 3) if this chamber refuses confidence in the Government of the Russian Federation , if its Chairman himself raised the question of confidence in the Government (in the last two situations, the President of the Russian Federation may not dissolve this chamber, but announce the resignation of the Government).

When dissolving the State Duma ahead of schedule, the President sets the date of elections so that the newly elected State Duma meets no later than four months from the date of dissolution. However, in some periods this chamber cannot be dissolved either at all or for some reason. Within a year after the election, the State Duma cannot be dissolved on the grounds specified in Art. 117 of the Constitution of the Russian Federation (refusal of confidence in the Government or repeated expression of no confidence in the Government of the Russian Federation within three months). It cannot be dissolved at all within six months before the end of the term of office of the President of the Russian Federation, in addition, from the moment it brings charges against the President and until the adoption of a corresponding decision by the Federation Council, as well as during the period of martial law or a state of emergency throughout the entire territory of the Russian Federation.

The Federation Council is the “upper” house of the Federal Assembly - the parliament of the Russian Federation. The Federation Council includes: two representatives from each subject of the Russian Federation - one each from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, the number of whom is no more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

Formation order

In accordance with Part 2 of Article 95 of the Constitution of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation includes: two representatives from each subject of the Russian Federation - one each from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, the number of which is no more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The current procedure for forming the Federation Council has been determined.

The Federation Council independently resolves issues within its jurisdiction by the Constitution of the Russian Federation, federal constitutional laws and federal laws. The Federation Council adopts its Rules of Procedure and decides on the internal regulations of its activities.

Understanding the role and place of popular representation bodies in political system modern Russia impossible without comprehensive understanding centuries-old history legislative institutions- from the evening, Boyar Duma, pre-revolutionary State Dumas and State Council, before Soviet democracy and modern forms parliamentary democracy.

The first form of direct participation of the people in solving public affairs was the Veche - a meeting of all free residents. Chronicles mention veche meetings in all ancient Russian principalities. Any problem of state life could be the subject of discussion at the veche; most often, issues of conscription and expulsion of princes, military campaigns and the conclusion of peace treaties were resolved.

Historical background

The Federation Council of the Federal Assembly of the Russian Federation was formed in accordance with, adopted by popular vote on December 12, 1993, as a chamber of parliament representing the interests of regions in federal level and reflecting the federal nature Russian state.

The bicameral structure of the Federal Assembly has deep roots in national history and in global parliamentary traditions. Currently, the parliaments of almost 80 countries have a bicameral structure, having both a federal and a unitary form of government.

Historically, in many countries, the upper chambers “grew up” from meetings of advisers to the rulers and were of an estate nature. In Russian lands as permanent councils Under the princes, there were princely dumas, which included their closest associates. In the new historical conditions of the Moscow kingdom, the Boyar Duma became a continuation of the princely Duma. It existed until the end of the 17th century and was later transformed into the Senate - a body that, according to the plans of Peter I, was to become the highest authority during the absence of the emperor.

First government agencies, in which the representative principle played a decisive role, there were meetings of the boyars, clergy, representatives of the service class and merchants, which were convened by the kings from the mid-16th to the seventies of the 17th centuries and subsequently received the name Zemsky Sobors. Zemsky Sobors elected sovereigns to the kingdom, considered issues of war and peace, accepted new territories into the state, and considered issues of collecting taxes. The functions and areas of jurisdiction of the Zemsky Councils coincided quite accurately with the list of problems and issues that were considered by the estate parliaments of the countries of Western and Central Europe. TO end of XVII centuries, as absolutism strengthened, Zemsky Sobors lost their significance.

The first attempt to create a bicameral parliament, similar to those that existed in Western Europe, occurred in early XIX century. On behalf of Emperor Alexander I, through the works of the outstanding statesman Mikhail Mikhailovich Speransky, the contours of the legislative advisory system were developed representative body, which was supposed to consist of two chambers - the State Duma and headed by the emperor State Council. In 1810, the State Council was formed, which became the highest legislative institution Russian Empire. All the laws legislative acts Before approval by the emperor, they had to be discussed in the State Council. However, the State Duma was never created then.

IN recent years During the life of the reformer Tsar Alexander II, the idea of ​​a bicameral national legislative body almost came to fruition. The assassination of Alexander II and the counter-reforms that followed Alexandra III delayed Russia's movement towards its creation.

In the first years of the twentieth century, the demand for the creation of a national representative and legislative body in Russia became universal. It was implemented tsarist manifestos and decrees in the fall of 1905 - winter of 1906. The legislative function was assigned to the State Duma established for this purpose and the reformed State Council, which had existed by that time for almost a hundred years. With a manifesto on February 20, 1906, Emperor Nicholas II established that “from the time of the convening of the State Council and the State Duma, the law cannot take effect without the approval of the Council and the Duma.”

The Council of State is the upper house of the first Russian parliament– was formed according to a mixed principle. Half of its members were appointed by the tsar, the other half were elected partly on a territorial basis (one member of the State Council from each provincial zemstvo assembly), partly on an estate-corporate principle (6 members from the clergy of the Orthodox Russian Church, 18 from provincial noble societies, 6 members from Academies of Sciences and Universities, 6 each from industrial and commercial corporations).

The first Russian parliament had a short life span - a little more than ten years. During the February and October revolutions of 1917, a new system representative power. The Soviets became it.

Since 1924, in the Union of Soviet Socialist Republics, the legislative and representative function de jure belonged to the Congress of Soviets, which for current work formed two chambers - the Union Council, in which the union republics were represented in proportion to the population of each of them, and the Council of Nationalities, which was formed according to to the following principle: from each union republic (regardless of population) - 5 people and from each autonomous region or republics - 1 person each.

The 1936 Constitution preserved the principle of bicameralism, replacing two-stage elections of chambers with direct ones. A mechanism for conciliation procedures was also provided in case of disagreements between the chambers and even the possibility of dissolving both chambers in the event of failure to reach agreement. The Supreme Soviet of the USSR also consisted of two equal chambers - the Council of the Union and the Council of Nationalities. This design lasted until the collapse of the USSR.

The Constitution of the Russian Federation of 1993 established the status of the Federal Assembly - bicameral parliament Russia, determined the issues of jurisdiction and powers of the Federation Council. In accordance with Article 95, the Federation Council includes two representatives from each constituent entity of the Russian Federation: one each from the representative and executive body of state power.

Deputies upper house first convocation were elected on the basis majoritarian system for two-mandate electoral districts formed within the administrative boundaries of the constituent entities of the Russian Federation (one district on the territory of each constituent entity of the Russian Federation). Candidates for members of the Federation Council were nominated by groups of voters and electoral associations. In accordance with the transitional provisions of the Constitution of the Russian Federation, deputies of the Federation Council of the first convocation exercised their powers for non-members. on an ongoing basis. The first Chairman of the Federation Council, elected on January 13, 1994, was Vladimir Filippovich Shumeiko.

At the end of 1995, the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” was adopted, according to which the Federation Council included two representatives from each subject of the Russian Federation: the head of the legislative (representative) and the head of the executive government bodies, ex officio. On February 23, 1996, Egor Semenovich Stroev, Head of Administration, was elected Chairman of the Federation Council Oryol region.

On August 8, 2000, the new Federal law“On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation.” In accordance with it, a representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation was appointed by the highest official subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) for the term of his powers. A member of the Federation Council - a representative from the legislative (representative) body of state power of a subject of the Russian Federation was elected by the legislative (representative) body of state power of a subject of the Russian Federation for the term of office of this body, and when a legislative (representative) body of a subject of the Russian Federation is formed by rotation - for the term of office once elected deputies of this body. The powers of members of the Federation Council were exercised on a permanent basis.

On December 5, 2001, Sergei Mikhailovich Mironov, representative in the Federation Council from Legislative Assembly St. Petersburg.

On February 4, 2009, the Federation Council approved the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Changes in the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation.” In accordance with the new law, a candidate for election (appointment) as a representative in the Federation Council can be a citizen of the Russian Federation who is a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation or a deputy of the representative body of a municipal formation located on the territory of this subject. The law established transition period, during which current members of the Federation Council could complete their term of office. New order The formation of the Federation Council came into force on January 1, 2011.

On September 10, 2011, Valentina Ivanovna Matvienko, a representative in the Federation Council from the executive body of state power of the city of St. Petersburg, was elected Chairman of the Federation Council.

In November 2011, the internal structure Federation Council: instead of the previous 16 committees and 11 standing commissions 10 committees were created.

In 2012 working group Federation Council was developed and submitted to public discussion the draft federal law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation”, providing for more active participation of the country's citizens in the formation of the “chamber of regions”. The initiative received public support, and in June the bill was introduced by the President of the Russian Federation to the State Duma.

On November 20, 2012, the new Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” was adopted by the State Duma, approved by the Federation Council on November 28 and signed by the President of Russia on December 3. The new procedure for forming the Federation Council came into force on January 1, 2013.

According to the law, only a deputy of this body can be a representative from the legislative (representative) body of state power of a constituent entity of the Russian Federation. In this case, the regional parliament must make the corresponding decision by a majority vote of the total number of its deputies within a month from the date of the first meeting of the new convocation.

When holding elections of the highest official of a constituent entity of the Russian Federation, each candidate for this position submits to the appropriate election commission three candidates, one of which, if the candidate who presented it is elected, will be vested with the powers of a member of the Federation Council from the executive body.

It is established that a candidate for the position of a member of the Federation Council may be a citizen of the Russian Federation who has reached the age of thirty, has an impeccable reputation and has permanently resided in the territory of the relevant constituent entity of the Russian Federation for five years immediately preceding the nomination of a candidate for vesting the powers of a member of the Federation Council, or in the aggregate for twenty years preceding nomination as a candidate for the powers of a member of the Federation Council. However, the law provides for a number of exceptions to this rule.

In 2014, the Law of the Russian Federation on an amendment to the Constitution of the Russian Federation “On the Federation Council of the Federal Assembly of the Russian Federation” came into force, providing for the appointment by the President of the Russian Federation of members of the Federation Council - representatives of the Russian Federation, the number of which is no more than ten percent of the number of members of the Federation Council – representatives from legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The activities of the Federation Council largely reflect the historical continuity of the most democratic traditions of exercising legislative power in Russia.

As an institution for the integration and consolidation of regions, the Federation Council ensures a balance of federal and regional interests when making decisions aimed at achieving the strategic development goals of the country.

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