Who heads parliament? Federal Assembly of the Russian Federation

The place of the Federal Assembly in the system of government bodies of the 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 of the 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 the legislative body of the constituent entity 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 consists 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 together 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 the political life of the country.

Control powers of the Federal Assembly of the Russian Federation

The Federal Assembly of the Russian Federation is vested with control powers in relation to the President of the Russian Federation and the Government of the Russian Federation. There is a special form for exercising 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 President of the Russian Federation can be removed from office only on the basis of charges of treason or another serious crime. This charge is brought forward by the State Duma and must be confirmed by the conclusion of the 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 by the conclusion of the Constitutional Court of the Russian Federation that the charge 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 $2/3$ of votes from the 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 of a special commission 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 within three months. If a decision is not made within the specified period, 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 sphere of budgetary 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 issue. 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.

1. The Federal Assembly consists of two chambers - the Federation Council and the State Duma.

2. The Federation Council includes two representatives from each constituent entity of the Russian Federation: one each from the representative and executive bodies of state power.

3. The State Duma consists of 450 deputies.

1. The State Duma is elected for a term of five years.

2. The procedure for forming the Federation Council and the procedure for electing deputies to the State Duma are established by federal laws.

1. A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections may be elected as a deputy of the State Duma.

2. The same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of other representative bodies of state power and local government bodies.

3. Deputies of the State Duma work on a professional permanent basis. Deputies of the State Duma cannot be in public service or engage in other paid activities, except for teaching, scientific and other creative activities.

1. Members of the Federation Council and deputies of the State Duma enjoy immunity during the entire term of their powers. They cannot be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to personal search, except in cases where this is provided for by federal law to ensure the safety of other people.

2. The issue of deprivation of immunity is decided upon the proposal of the Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly.

Article 104

1. The right of legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) bodies of the constituent entities of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on issues within their jurisdiction.

2. Bills are submitted to the State Duma.

3. Bills on the introduction or abolition of taxes, exemption from their payment, on the issuance of government loans, on changing the financial obligations of the state, and other bills providing for expenses covered by the federal budget can only be introduced if there is a conclusion from the Government of the Russian Federation.

Article 105

1. Federal laws are adopted by the State Duma.

2. Federal laws are adopted by a majority vote of the total number of deputies of the State Duma, unless otherwise provided by the Constitution of the Russian Federation.

3. Federal laws adopted by the State Duma are submitted to the Federation Council for consideration within five days.

4. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it or if it was not considered by the Federation Council within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to re-examination by the State Duma.

5. If the State Duma disagrees with the decision of the Federation Council, the federal law is considered adopted if, during the repeated voting, at least two-thirds of the total number of deputies of the State Duma voted for it.

Article 106

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council:

a) the federal budget;

b) federal taxes and fees;

c) financial, currency, credit, customs regulation, money issue;

d) ratification and denunciation of international treaties of the Russian Federation;

e) status and protection of the state border of the Russian Federation;

e) war and peace.

Article 107

1. The adopted federal law is sent to the President of the Russian Federation for signing and promulgation within five days.

2. The President of the Russian Federation, within fourteen days, signs the federal law and promulgates it.

3. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council, in the manner established by the Constitution of the Russian Federation, will again consider this law. If, upon re-examination, the federal law is approved in the previously adopted wording by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it is subject to signing by the President of the Russian Federation within seven days and promulgation.

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 and 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 of 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. Parliamentarians become authorized representatives of the people who can express their common interests and interests, the opinions of their constituent parts 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 the federal budget, and exercising 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 of legislative power, performing functions characteristic of 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 can carry out legislative regulation of the system of federal bodies of legislative, executive and judicial authorities, the order of their organization and activities, and can regulate the general principles of the organization of representative and executive bodies of 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 judges of the highest courts, who, however, are irremovable 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 is often called the upper chamber in the media, 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, 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 the own competence of 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 procedures for the 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 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 the federal lists of candidates for deputies nominated by electoral associations and 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 must 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.

The deputy mandates received by an electoral association or bloc 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 election date 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 subject of consideration of the scientific work is the essence and main features of the Parliament of the Russian Federation - the Federal Assembly on the Constitution of the Russian Federation and the legislation developing it.

Basic purpose The scientific work is an analysis of the modern constitutional and legal institution of parliament in Russia - the Federal Assembly.

The goal is achieved by solving the following tasks:

1. Characterize the Federal Assembly from the point of view of its structure and principles of construction;

2. Reveal the main powers of the Federal Assembly and the procedure for its formation.

3. Consider the principles of interaction between the Federation Council and the State Duma.

The Federal Assembly - the parliament of the Russian Federation - is the representative and legislative body of the Russian Federation. 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 and interests of the people, and reflect the opinion of the subjects of the Federation.

In the system of separation of powers established by the Constitution at the federal level, the Federal Assembly as a whole represents the legislative branch and interacts with the federal executive and judicial authorities. Baglay M.V. Constitutional law of the Russian Federation: textbook. for universities. - 6th ed. change and additional - M.: Norma, 2007. P.123.

The Federal Assembly is not a superior body for other representative bodies of the Russian Federation, since the Constitution does not establish the principle of unity of the system of representative bodies of the Russian Federation. Therefore, the interaction of the Federal Assembly with representative bodies of state power of the constituent entities of the Russian Federation and representative bodies of local self-government is limited to the adoption of laws within the jurisdiction of the Russian Federation and the joint jurisdiction of the Federation and its constituent entities. These laws are binding on the said authorities.

The Federal Assembly consists of two chambers - the Federation Council (this chamber is often called the upper chamber in the media, 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, although also without sufficient formalities). grounds, rather, by analogy with foreign parliaments). Vishnevsky A.F., Gorbatok N.A., Kuchinsky V.A. General theory of state and law / Ed. ed. prof. Kuchinsky. V.A. Textbook. - M.: Publishing house of business and educational literature, 2006. P.345.

According to the Constitution, the role of the chamber of the Federal Assembly, expressing the interests of the constituent entities of the Russian Federation, belongs to the Federation Council. The second chamber of the Federal Assembly - the State Duma - is designed to represent the interests of the population of the Russian Federation as a whole.

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 the own competence of each of them, independence in the internal organization;

2) unequal competence of the chambers - their jurisdiction includes mainly different issues, and in the legislative process they have different powers;

3) different procedures for the formation of chambers;

4) features of the representative nature of each chamber.

The Constitution of the Russian Federation determines the quantitative composition of each chamber of the Federal Assembly. For the State Duma this is an absolute figure - 450 deputies. The number of members of the Federation Council is determined by the number of constituent entities of the Russian Federation. The Federation Council includes two representatives from each subject of the Federation.

The term of office of the State Duma is four years. Upon expiration of the Duma's term of office, the President of Russia calls elections for the State Duma of a new convocation.

In relation to the Federation Council, we are talking about formation, not election, since this chamber can be formed through both election and appointment, the inclusion of representatives from representative and executive bodies of state power of the constituent entities of the Russian Federation.

The Federal Assembly is a permanent body. The principle of permanent action of the Federal Assembly is due to the important role it plays as a representative and legislative body of the Russian Federation, and implies the ability to hold meetings of the Federal Assembly for a long period. Vengerov A.B. Theory of State and Law: Textbook for Law Schools. - M., 2005. P.128.

The State Duma of the Federal Assembly of the Russian Federation, according to its Rules of Procedure, holds two sessions a year: spring (from January 12 to July 20) and autumn (from October 1 to December 25). During parliamentary holidays, extraordinary meetings of the State Duma may be convened, which are appointed by the Council of the Chamber at the request of the President of the Russian Federation, as well as at the request of a faction or group of deputies, supported by at least 1/5 of the number of deputies of the chamber who took part in voting on this issue.

Meetings of the Federation Council are held from September 15 to July 15 at least once in any three consecutive weeks.

Extraordinary meetings of the Federation Council may be convened at the proposal of the President of Russia, the Chairman of the Federation Council, the Government of the Russian Federation, a subject of the Federation represented by its legislative (representative) body of state power, committees of the Federation Council, or upon a request supported by at least 1/5 of the total number of Council members Federation.

General governing bodies of the Federal Assembly are not formed and the leadership of each of the chambers is independent. The Chairman of the Federation Council and the Chairman of the State Duma of the Federal Assembly are elected from among the members of the corresponding chamber at the first meeting of each chamber by secret ballot.

The Chairman of the Federation Council and the Chairman of the State Duma conduct meetings of the respective chambers, are in charge of the internal regulations of their activities, ensure coordination of the work of committees and commissions of the chambers, deputies, represent the Federation Council and the State Duma in their relations with each other, as well as in relations with the President and the Government of Russia, supreme judicial bodies, the Prosecutor General of the Russian Federation, constituent entities of the Federation, public associations, parliaments of foreign states, international parliamentary organizations, as well as in conciliation procedures provided for by the Constitution.

The Federation Council and the State Duma, from among their members, form permanent committees of various profiles for the preparation and preliminary consideration of issues within the jurisdiction of the respective chamber. The numerical and personal composition of the committees is determined by the chamber.

Each chamber has the right to create temporary commissions, the activities of which are limited to a certain period or a specific task. Upon expiration of the established period or upon completion of the received task, temporary commissions cease their work.

Chambers have the right, on their own initiative, as well as at the proposal of the President or other subjects of legislative initiative, to create conciliation commissions to resolve controversial issues.

In accordance with Part 4 of Art. 101 of the Constitution, each chamber adopts its own regulations: Regulations of the Federation Council and Regulations of the State Duma. Rules of procedure are a set of procedural rules for a certain type of activity that establish the procedure for conducting a meeting, meeting, or session. Characterized as an internal law of parliament, an essential part of constitutional law, regulations in a bicameral parliament are usually adopted by each chamber separately, thereby ensuring its independent functioning. Demin A.V. Theory of state and law / A.V. Demin. - M.: INFRA-M, 2005.P.234.

The nature of the powers assigned to the Federation Council follows from the specificity of the principle of representation inherent in this body. It is in the person of the Federation Council that the influence of the federal structure of Russia on the organization of state power and the activities of state authorities at the federal level is most clearly manifested. Equal representation from the constituent entities of the Russian Federation in this chamber of parliament creates opportunities for maximum consideration of the position of all constituent entities of the Russian Federation when making the most important constitutional and legal decisions.

The jurisdiction of the Federation Council includes:

a) approval of changes in borders between the constituent entities of the Russian Federation;

b) approval of the decree of the President of the Russian Federation on the introduction of martial law;

c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;

d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

e) calling elections for the President of the Russian Federation;

f) removal of the President of the Russian Federation from office;

g) appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;

h) appointment and dismissal of the Prosecutor General of the Russian Federation;

i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

The jurisdiction of the State Duma includes:

a) giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;

b) resolving the issue of confidence in the Government of the Russian Federation;

c) appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;

d) appointment and dismissal of the Chairman of the Accounts Chamber and half of its auditors;

e) appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law;

f) declaration of amnesty;

g) bringing charges against the President of the Russian Federation for his removal from office. Commentary on the Constitution of the Russian Federation" (article-by-article). / Edited by L.A. Okunkov. - M.: BEK Publishing House, 1999. P.203.

Legislative powers occupy a special place in the competence of the Federal Assembly. They are directly determined by its constitutional status as a legislative body - the Parliament of the Russian Federation. Legislative activity is a priority in its significance and scope. The legislative competence of the Federal Assembly is broad and multifaceted, covering important issues in various spheres of state and public life, and involves the adoption of many federal laws. It characterizes the role of the Federation in legislation, the importance of the representative, legislative power of the Russian Federation in the system of state power, and the democracy of the state. The Constitution of the Russian Federation defines in general form the limits of the legislative activity of the Russian parliament and, within this framework, does not constrain or limit it.

Lawmaking is concentrated in the State Duma - the main and necessary authority in this work. The Federation Council also has the rights to participate in legislative activities, but they are of a different nature compared to the legislative powers of the State Duma. The Constitution of the Russian Federation does not give the Federation Council the right to pass laws, however, it approves or rejects federal laws adopted by the State Duma Duma. But such a deviation of the law is not absolute and can be overcome by the State Duma (by a qualified majority of votes - no less than two-thirds of the total number of deputies).

The Federation Council plays the role of a kind of counterbalance to the State Duma, helping to prevent hasty, poor-quality, uninformed legislative decisions. He is endowed with sufficiently effective and real rights for this.

All laws adopted by the State Duma are submitted to the Federation Council for consideration, which is intended to ensure that its opinion is taken into account in the legislative process. Next, the Federation Council itself decides whether or not to consider the submitted law on its merits at its meeting.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council:

a) the federal budget;

b) federal taxes and fees;

c) financial, currency, credit, customs regulation, money issue;

d) ratification and denunciation of international treaties of the Russian Federation;

e) status and protection of the state border of the Russian Federation;

e) war and peace.

In addition to the laws mentioned above, all federal constitutional laws are also subject to mandatory consideration by the Federation Council.

Bibliographic list of references

1. Constitution of the Russian Federation.

2. Commentary on the Constitution of the Russian Federation" (article-by-article). / Edited by L.A. Okunkov. - M.: BEK Publishing House, 1999.

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