Constitutional ways to eliminate disagreements in the legislative process. Overcoming disagreements between the Federation Council and the State Duma as an optional stage of the legislative process The Conciliation Commission on Federal Law, as it writes

Article 111. Conciliation commission

1. To overcome disagreements that have arisen in connection with the rejection by the Federation Council of a federal law adopted by the State Duma, a conciliation commission may be created.

2. The conciliation commission is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the Federation Council.

3. If the Federation Council, when rejecting a federal law, did not approach the State Duma with a proposal to create a conciliation commission, and the State Duma, in turn, approached the Federation Council with a proposal to create a conciliation commission to overcome the disagreements that arose under this federal law, this initiative The State Duma is subject to mandatory consideration at the next meeting of the Federation Council.

4. The decision to create a conciliation commission, to elect members of the conciliation commission and its co-chairman from the Federation Council is adopted at a meeting of the chamber by a majority vote of the total number of members of the Federation Council and is formalized by a resolution of the Federation Council (edited) Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated July 9, 2014 No. 356-SF) .

5. The conciliation commission is created on a parity basis from members of the Federation Council and deputies of the State Duma in the manner established by these Rules of Procedure and the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation. The conciliation commission ceases its activities after the Federation Council makes a decision to approve or reject the federal law on which it was created to overcome the disagreements that have arisen.

6. If the Federation Council rejects the State Duma’s initiative to create a conciliation commission, the federal law is considered rejected by the Federation Council as a whole.

Article 112. Deputation from the Federation Council in the conciliation commission

1. Members of the conciliation commission and its co-chairman from the Federation Council are elected by the Federation Council in the number of at least three members of the Federation Council and form a delegation from the Federation Council to the conciliation commission.

2. Only a member of the Federation Council can be a member of the conciliation commission from the Federation Council.

3. (Part 3 excluded due to Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated July 9, 2014 No. 356-SF) .

4. The resolution of the Federation Council on the election of members of the conciliation commission and its co-chairman from the Federation Council is sent to the State Duma within five days from the date of its adoption.

5. In the event of termination (early termination) of the powers of a member of the Federation Council who is a member of the conciliation commission, he is removed from its composition without the Federation Council adopting a special decision. Instead of a retired member of the conciliation commission, the Federation Council elects a new member of the conciliation commission in the manner established by parts 2–4 of this article.

6. Co-chairman of the conciliation commission from the Federation Council:
makes, together with the co-chairman of the conciliation commission from the State Duma, a decision on the time and place of meetings of the conciliation commission;
makes proposals to the Federation Council on changing the composition of the delegation from the Federation Council in the conciliation commission, on the refusal of the Federation Council to participate in the work of the conciliation commission;
signs, together with the co-chairman of the conciliation commission from the State Duma, a protocol and a comparative table of articles of the federal law to which changes have been made;
has the right to present at a meeting of the Federation Council a federal law adopted by the State Duma as amended by the conciliation commission.
(Part 6 was introduced in accordance with Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated February 6, 2013 No. 19-SF.)

Article 113. Procedure for the work of the delegation from the Federation Council in the conciliation commission

1. A member of the conciliation commission from the Federation Council is obliged to attend its meetings and inform in advance the co-chair of the conciliation commission from the Federation Council about the impossibility of his presence at the meeting for a valid reason.

2. In exceptional cases, a member of the conciliation commission from the Federation Council may, if he has a power of attorney drawn up in accordance with the appendix to these Regulations, transfer the right to vote on all issues considered by the conciliation commission to another member of the conciliation commission from the Federation Council. Each member of the conciliation commission may be given no more than one power of attorney (as amended by Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated February 9, 2005 No. 20-SF).

3. Members of the Federation Council who are not members of the conciliation commission have the right to attend its meetings and express their opinions on the substance of the issues discussed.

4. Ensuring the activities of the deputation from the Federation Council in the conciliation commission is carried out by the apparatus of the committees of the Federation Council that prepared conclusions on the federal law adopted by the State Duma and rejected by the Federation Council, as well as by other structural divisions of the Staff of the Federation Council within their competence (as amended by Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated December 27, 2011 No. 568-SF).

Article 114. Procedure for the work of the conciliation commission

1. The conciliation commission considers only those provisions of the federal law on which disagreements have arisen between the Federation Council and the State Duma, seeking to develop agreed proposals in the form of a single text of the relevant sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal law under consideration .

2. Decisions of the conciliation commission are made by separate voting of deputations from the Federation Council and the State Duma. The delegation from the Federation Council in the conciliation commission makes decisions by open voting by a majority vote of the total number of members of the delegation.

The decision is considered adopted if both deputations vote for its adoption.

3. When making a decision, the delegation from the Federation Council in the conciliation commission has the right to vote for proposals for the wording of the relevant sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal law under consideration, different from the proposals of the Federation Council.

4. Based on the results of the work, the conciliation commission draws up a protocol that records proposals for overcoming disagreements that have arisen or justifies the impossibility of overcoming them by this composition of the conciliation commission, and a comparative table of articles of the federal law to which changes have been made. The protocol of the conciliation commission is drawn up in two copies, each of which has equal legal force and is submitted to the Federation Council and the State Duma, respectively.

Article 115. Consideration of the protocol of the conciliation commission by the Federation Council

1. If the State Duma, after considering the protocol of the conciliation commission, rejects one or more proposals of the conciliation commission and invites the Federation Council to continue the work of the conciliation commission, the Federation Council has the right to decide to extend the work period of the conciliation commission or refuse to participate in its work.

2. If the protocol of the conciliation commission contains a justification for the impossibility of overcoming the disagreements that have arisen by this composition of the conciliation commission, it is submitted to the Federation Council and the State Duma for consideration.

3. The protocol of the conciliation commission, containing the justification for the impossibility of resolving the disagreements that have arisen under the federal law, is considered at the next meeting of the Federation Council. The Federation Council has the right to make one of the following decisions:

a) change the proposals of the Federation Council on the wording of certain provisions of the federal law;

b) change the composition of the delegation from the Federation Council in the conciliation commission;

c) refuse to participate in the work of the conciliation commission.

4. The adopted decision is formalized by a resolution of the Federation Council, which is sent to the State Duma within five days from the date of its adoption.

A federal law, after being rejected by the Federation Council, goes to the Council of the State Duma, and then to the responsible Duma committee, which, based on the results of consideration, may, in accordance with Art. 127 of the Rules of the State Duma, recommend to the chamber one of the following decisions:

• a) create a conciliation commission to overcome the disagreements that have arisen;
• b) adopt a federal law in the version previously adopted by the State Duma;
• c) withdraw the federal law from re-consideration by the State Duma.

To overcome disagreements that have arisen regarding a federal law adopted by the State Duma and rejected by the Federation Council, a conciliation commission can be created on a parity basis.

According to Art. 111 of the Rules of the Federation Council, the conciliation commission is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the second chamber.

The resolution of one of the chambers on the creation of a conciliation commission is sent to the other chamber, and if it is necessary for representatives of the President and the Government to participate in the work of the commission, to these bodies.

Deputies who are not members of the conciliation commission have the right to attend its meetings with the right of an advisory vote. In addition, the commission has the right, if necessary, to involve employees of the Legal Department and other divisions of the State Duma and the Federation Council, to invite scientists and specialists as experts to assist in the development of a unified text of the federal law.

The commission considers each objection of the Federation Council separately, trying to develop a single text of the law under discussion. In accordance with Art. 129 of the Rules of the State Duma, it can decide to change the wording of individual articles in respect of which there were no objections from the upper chamber, if such a change is due to a new wording of the law.

It should be noted that decisions of the conciliation commission are made by separate voting of the deputations of the State Duma and the Federation Council. A decision is considered adopted if a majority of members of each delegation vote for it. It is adopted by open vote, but the conciliation commission may establish a different voting procedure.

All meetings of the conciliation commission are recorded in shorthand. Based on the results of the meeting, the conciliation commission draws up a protocol and a comparative table of the articles of law to which changes are made. The opinions of the representative of the President and the representative of the Government of Russia participating in the meeting of the conciliation commission with the right to an advisory vote are recorded in the minutes separately for each decision made by the commission. After this, all the above documents, together with the protocol of the conciliation commission, which records proposals to overcome the disagreements that have arisen or justifies the impossibility of overcoming disagreements, are transferred by this composition of the conciliation commission to the chambers for consideration at the next meetings. 1

When reconsidering a federal law by the State Duma, only proposals contained in the protocol of the conciliation commission are discussed. The State Duma is not considering any additional amendments.

If at least one proposal of the conciliation commission is rejected, the State Duma may invite this commission to continue its work, taking into account the amendments approved by the chamber, for the conciliation commission to submit new proposals.

If the State Duma adopts the law as amended by the conciliation commission, it is sent for consideration by the Federation Council within five days.

If the State Duma, upon re-examination, did not accept the law under discussion as amended by the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject it, then the federal law is considered adopted if at least two-thirds of the total number of deputies of the State Duma vote for it. A federal law adopted in this manner is sent within five days to the President of Russia for signing and promulgation. The Chairman of the State Duma notifies the Chairman of the Federation Council about this. 1

If, when voting in the State Duma in accordance with Art. 132 of the Regulations, the proposal to adopt a law rejected by the Federation Council did not receive the required number of votes, then the law under consideration is considered not adopted. If the protocol of the conciliation commission contains a justification for the impossibility of overcoming disagreements by this composition of the commission, then in accordance with Art. 115 of the Rules of the Federation Council, when considering it at a meeting of the Federation Council, the chamber has the right to make one of the following decisions:

• a) change the proposals of the Federation Council on the wording of certain provisions of the federal law under discussion;
• b) change the composition of the delegation from the Federation Council in the conciliation commission;
• c) refuse to participate in the work of the conciliation commission.

The decision adopted by the chamber is formalized by a resolution, which must be sent to the State Duma within five days after its adoption.

For any conflict, it is important to choose a solution algorithm. How to resolve a conflict situation with mutual benefit?

Most problems in organizations are related to disruptions in relationships between employees. In conditions of unresolved conflict, it is usually impossible to make the optimal decision.

There are many different views on conflict. Some believe that a conflict is a confrontation in which only one side wins, while the other suffers inevitable losses. Others believe that conflict allows problems to be exposed and resolved. Be that as it may, conflict is a consequence of misunderstanding and tension that has arisen between the parties. There are several ways to overcome disagreements when a conflict develops.

1. Get rid of illusions

During a conflict, we consider our position to be the only correct one. In this regard, we may experience common illusions - the illusion of a “bad person”, a “stumbling block” or a “win-lose”.

The “bad person” illusion means that in our minds the opponent appears as a person who lacks competence and is unable to make the right decision. Our opinion of the enemy is low, and he reciprocates our feelings. During a conflict, many people tend to show their opponents their less-than-best sides. We forgive ourselves for unworthy behavior, but we lose our temper when the enemy uses similar methods of struggle. Do you think that he looks funny in his attempts to prove something to you? It’s worth putting yourself in your opponent’s shoes and looking at yourself from the outside. It seems to us that the opponent is the living embodiment of all existing shortcomings. The reciprocity of your ideas proves that they are illusory.

The illusion of a “stumbling block” can also provoke a conflict. It seems to us that the problem that has arisen is incredibly complex, and the interests of the opponent are so strikingly different from ours that compromise is impossible. In this situation, it is helpful to think of the problem as something that happened to someone else. This method will help you abstract from the problem and find a workaround.

The third common illusion is the “win-lose” illusion, which consists in the fact that each of the opponents is sure that the victory of one of them will certainly mean the defeat of the other.

2. Induce negotiations

It often happens that the opponent does not agree to discuss the problems that have arisen. In order to start negotiations with a partner, it is worth convincing him that he will benefit by participating in the discussion. Ask whether the subject of the dispute affects his interests. If the answer is affirmative, then there is no point in avoiding participation. Explain to your opponent: all that is required of him is to express his vision of the situation, refrain from showing aggression and listen to you carefully.

3. Choose a location

The terms of the meeting must be prepared in advance. You should choose a room where no one will distract you. Strangers, phone calls, noise - all this can interfere with the conversation. Try to find a separate room for conversation, where you can discuss your problems one-on-one.

It is desirable that the environment be extremely comfortable. Poor lighting, uncomfortable chairs, and cold can unnerve the interlocutor and confuse his thoughts.

4. Create a dialogue

A conversation typically consists of four parts: introduction, invitation to conversation, dialogue, and breakthrough.

The introduction is necessary in order to establish contact with the interlocutor. First of all, you need to thank your opponent for agreeing to come to the meeting.

Show that you are optimistic and express hope for a successful outcome of the conversation. Then formulate a question: determine what the essence of your disagreements is.

During a dialogue, it is important not to be distracted by extraneous things. If you notice that the interlocutor is moving away from the subject of the conversation, you can carefully return him to the topic of your conversation. This will work better than criticism.

5. Show openness

You need to listen to your partner patiently, expressing sincere interest. You should note the moment when your interlocutor is ready to move from confrontation to joint action to overcome the conflict.

As soon as your opponent switches from confrontation to cooperation, a turning point occurs in the dialogue. If the results of the dialogue are unsatisfactory, you can take a short break, after which it would be appropriate to take a step towards reconciliation.

To demonstrate openness in dialogue, it is also important to maintain eye contact with your opponent, not interrupt and, most importantly, not give advice.

Let the other person talk. You must take on the role of an "arrow absorber". Your task is to let your opponent express negative emotions. It is important to resist the desire to respond with barbs to your partner’s claims. His statements will not harm you, but emotional stress will be relieved, which will allow you to quickly reach a compromise.

Your tacit agreement with your opponent’s arguments should convince him of your sincerity and openness. You must understand that compliance is good up to certain limits, and remain adamant when it comes to issues that are fundamental to you. Your gentle behavior, in turn, will make the other person more compliant in those issues that are important to you.

If a federal law is rejected by the Federation Council, it is transferred by the Council of the State Duma for the conclusion of the responsible committee. Based on the results of consideration of the bill, the responsible committee may recommend to the State Duma:

1) create a conciliation commission to overcome the disagreements that have arisen;

2) adopt a federal law in the version previously adopted by the State Duma;

3) withdraw the federal law from re-examination by the State Duma.

To overcome disagreements that have arisen under federal law, a conciliation commission may be formed from among deputies of the State Duma and members of the Federation Council. The initiator of the creation of a conciliation commission can be the Federation Council or the State Duma.

The conciliation commission considers each objection of the Federation Council separately, trying to develop a single text of the federal law. Commission decisions are made by separate voting of commission members from each chamber. A decision is considered adopted if a majority of commission members from each chamber vote for it.

Based on the results of the work, the conciliation commission draws up a protocol containing proposals for overcoming disagreements or justifying the impossibility of overcoming disagreements by the given composition of the conciliation commission. If the protocol of the conciliation commission contains proposals for overcoming disagreements, it is submitted to the State Duma for consideration.

When reconsidering a federal law by the State Duma, only the proposals contained in the protocol are discussed.

The State Duma makes decisions on the proposals of the conciliation commission by a majority vote of the total number of deputies of the chamber. If at least one proposal of the conciliation commission is rejected, the State Duma may invite the conciliation commission to continue its work, taking into account the amendments approved by the chamber, for the conciliation commission to submit new proposals.

If, during the re-examination of a federal law rejected by the Federation Council, the State Duma did not accept it in the wording of the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject the federal law, it is put to a vote in the previously adopted wording. In this case, the federal law is considered adopted if at least two-thirds of the total number of deputies of the State Duma votes for it. A federal law adopted in the specified order is sent within five days by the Chairman of the State Duma to the President of the Russian Federation for signing and promulgation.

If a proposal to adopt a federal law rejected by the Federation Council, in the version of the conciliation commission or in a previously adopted version, did not receive the required number of votes during voting, then the federal law under consideration is considered not adopted. The fifth stage is the signing and promulgation of the law by the President of the Russian Federation.

In accordance with Art. 107 of the Constitution of the Russian Federation, the President of the Russian Federation signs a federal law within 14 days and promulgates it. The procedure for publication and entry into force of federal constitutional laws and federal laws is regulated by the Federal Law of June 14, 1994 “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly.” * In accordance with this Law, only those federal constitutional laws and federal laws that are officially published are applied on the territory of the Russian Federation. The official publication of a federal constitutional law, a federal law, is considered to be the first publication of its full text in the Rossiyskaya Gazeta or the Collection of Legislation of the Russian Federation. Federal constitutional laws, federal laws are subject to official publication within seven days after the day of their signing by the President of the Russian Federation

Interpersonal relationships, like everything in nature, require constant interest and prevention. Without attention to the critical points of these relationships, interpersonal connections can be disrupted and turn into conflict.

Conflicts that arise for any reason are especially acute if the parties do not have basic psychological knowledge and neglect the great art of communication.

Is it possible to turn conflict into cooperation, mistrust into trust, and alienation into productive human contact?

Human nature makes us strive for contact, to communicate with other people. Lack of interaction and unresolved interpersonal conflicts cause unnecessary suffering and force unproductive use of the vital energy of people and the resources of organizations.

Interpersonal differences can be successfully resolved. What's stopping you?

Psychologists have identified many obstacles that impair our ability to overcome disagreements in long-term interdependent relationships, which can lead to escalation of conflict and even breakup or dismissal from work. And in family matters, to divorce.

Why do people exaggerate difficulties, why do they not see the opportunity to get around the stumbling block?

There are no hopeless situations. If there is an entrance, then there is definitely an exit. Even in cases where interests seem incompatible.

English psychologist Daniel Dan suggested 4 Step Method improving relationships. This method is based on the implementation of two mandatory rules:

• You should not interrupt communication due to frustration or feelings of hopelessness.
• Coercion, threats or physical force must not be used.

Step 1: Find time to talk.

Remember that “withdrawal from communication” is a “false reflex.” The fear of conversation is so great that it is less dangerous for a person to escape behind an impenetrable wall of silence. Only conversation can resolve the conflict. Mandatory rules in dialogue are: listen to each other, do not interrupt communication; do not use Power games (boss - subordinate).

Step 2. Preparing the conditions for the conversation.

The conditions are to determine the time and place in which the dialogue takes place. In the introductory part, it is necessary to express gratitude for the willingness to meet and discuss the issue, and express optimism for the possibility of finding a mutual solution. Next, remember the mandatory rules (listen to each other, do not interrupt the conversation and do not use “power games”) and formulate a question.

During the dialogue, everyone should have the opportunity to express their opinions, feelings, views, judgments on controversial issues. In most cases, a certain agreement can be reached after a single dialogue. The parties are ready to discuss the problem.

Step 3. Discussion of the problem.

To discuss a problem, you need to have certain skills. The main components of the verbal communication process are listening and speaking. The ability to listen and hear is a more noble and difficult component. Listening shows our openness to what the Other is saying. There are techniques that show the listener’s receptivity in dialogue:

• Maintain eye contact.
• Continuity of speech.
• Lack of advice.
• Summarizing what you heard.

Irreconcilable enemies don't listen.

As a result of the dialogue, the interlocutors can hear that they both value the existing relationship, learn about the requirements and desires of the other, and may discover that many assumptions and ideas about what he thought and felt are incorrect and are the fruit of fear and imagination. This will help increase the mutual willingness to compromise in order to maintain rapport and interaction.

Thus, maintaining a dialogue when discussing a problem allows you to listen, defend your interests and find mutually beneficial solutions.

Step 4. Conclusion of an agreement.

Shifting the position from “me against you” to “we against the problem” opens up possible ways to bypass the “Stumbling Block”. The rivals are already ready to join forces to jointly find a better way.

4 Step Method helps move from conflict to cooperation, from tension to harmony.

To resolve a conflict, it is necessary that at least one of the participants show a desire for compromise, agreement, reconciliation, and an end to the struggle.

How does each of Daniel Dan's Steps contribute to transforming conflict into cooperation?

Finding time to talk provides an opportunity for communication - the most basic and essential requirement for establishing peaceful relationships, establishing an atmosphere of optimism and mutual trust and creating hope for a peaceful resolution of the conflict.