Fundamentals of the constitutional status of its federal assembly. Constitutional status of the federal assembly of the Russian Federation

According to the Constitution of the Russian Federation, the Federal Assembly of the Russian Federation is a representative and legislative body of state power. As a representative body, the Federal Assembly is formed by expressing the will of the people, i.e. through elections. The common collective name for representative legislative bodies in the world is Parliament.

It represents the multinational people of Russia and the subjects of the federation. Its recognition by the legislature means that not a single law of the Russian Federation can be adopted if it is not considered and approved by the parliament. As a legislative body, the Federal Assembly exercises control over the executive branch, i.e. behind the Government. The Federal Assembly is a permanent body.

The Federal Assembly consists of two equal chambers - the State Duma and the Federation Council. The chambers of the Federal Assembly sit separately. Joint meetings of the chambers of parliament are held to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by heads of foreign states.

Sessions of the Houses of Parliament are held openly (publicly). In some cases, when considering issues related to state secrets, defense capability and security of the state, the chambers may hold closed sessions.

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. On August 5, 2000, the federal law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" came into force. In accordance with this law, the legislative (representative) body of power of a subject of the federation elects its representative to the Federation Council on the proposal of the chairman of this body or a group of deputies numbering at least one third of the total number of deputies. He is elected for the term of office of the legislative body of power of the constituent entity of the Russian Federation that elected him. A representative from the executive body of state power of a subject of the Russian Federation is appointed to the Federation Council by the highest official of the subject of the Federation for the term of his powers. This procedure for the formation of the Federation Council came into force on January 1, 2002. Prior to this deadline, the Federation Council included ex officio the head of the legislative (representative) and ex officio head of the executive bodies of state power.

According to the Constitution of the Russian Federation, the competence of the Federation Council includes the approval of changes in the borders between the subjects of Russia, the approval of decrees of the head of state on the introduction of a state of emergency and martial law, the resolution of questions about the possibility of using the Armed Forces of Russia outside its borders, the appointment of elections of the President of the Russian Federation, the removal of the President of Russia from positions, 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, appointment to and dismissal of the Prosecutor General of the Russian Federation.

The Federation Council adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation. They are adopted by a majority vote of the total number of members of the chamber.

The State Duma of the Russian Federation consists of 450 deputies who are elected on the basis of universal, equal and direct suffrage by secret ballot. Only citizens of Russia who have reached the age of eighteen on the election day have the right to vote. Deputies of the State Duma are elected for a term of 4 years. 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.

The procedure for the election of deputies of the State Duma is established by the federal law of December 20, 2002 "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation". This law establishes a majoritarian-proportional (mixed) electoral system. This means that half (225 deputies) of the composition of the State Duma are elected in single-member districts, that is, one deputy is elected from each constituency. The other half is elected from federal lists of candidates nominated by electoral associations (parties) and electoral blocs. At the same time, the mandates are distributed in proportion to the number of votes collected among the electoral associations (parties) that received at least 5% of the votes.

Deputies of the State Duma work on a professional basis and cannot be members of the Federation Council, deputies of other representative bodies, or hold other paid positions in the civil service. People's deputies receive a salary for their work in parliament. During the exercise of their powers, deputies enjoy immunity.

The jurisdiction of the State Duma includes: giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation; resolving the issue of confidence in the Government of the Russian Federation, appointing and dismissing the Chairman of the Central Bank of the Russian Federation, appointing and dismissing the Commissioner for Human Rights, announcing an amnesty, bringing charges against the President of the Russian Federation to remove him from office. On issues within its jurisdiction, the State Duma adopts resolutions by a majority vote of the total number of deputies.

In addition, in order to control the activities of the Government of Russia and the execution of the budget, both houses of parliament form the Accounts Chamber. In addition, each chamber appoints half of its auditors. At the same time, the State Duma appoints and dismisses the Chairman of the Accounts Chamber, and the Federation Council - his deputy.

The State Duma may be dissolved by the President of the Russian Federation in the following cases:

After the three-fold rejection of the candidacies of the Chairman of the Government of the Russian Federation submitted by the President;

In the event of a repeated expression of no confidence in the Government of the Russian Federation within three months;

In case of refusal of confidence in the Government of Russia, if the head of the Government himself raised the issue of confidence in the Government.

Moreover, in the last two cases, the head of state can either dissolve the State Duma or announce the resignation of the Government.

Legislative powers occupy a special place in the competence of the Federal Assembly. This follows from its constitutional status as a legislature. Parliament can adopt laws that cover the most important issues in various areas of state and public life.

The Federal Assembly can adopt laws only within the jurisdiction of the Russian Federation and the joint jurisdiction of Russia and its subjects. The legislature has no constitutional right to interfere in the subjects of the jurisdiction of the constituent entities of the Russian Federation. The Federal Assembly adopts federal constitutional laws and federal laws.

The Constitution of the Russian Federation regulates the procedure for considering, adopting and promulgating laws, i.e. the entire legislative process.

Bills are submitted only to the State Duma. The following have the right to initiate legislation: 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 the legislative bodies of the subjects of the Russian Federation.

The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, but only on matters within their jurisdiction.

Federal laws are adopted by the State Duma by a majority vote of the total number of its deputies; when voting on draft federal constitutional laws, at least 2/3 of the votes of the total number of deputies of the State Duma are required. Federal laws adopted by the State Duma are submitted to the Federation Council for consideration within five days. 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 the 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-consideration by the State Duma. If the State Duma does not agree with the decision of the Federation Council, a federal law is considered adopted if at least 2/3 of the total number of deputies of the State Duma voted for it during the second voting.

If the President of the Russian Federation rejects the federal law within fourteen days from the date of receipt of the federal law for his signature, the State Duma and the Federation Council, in accordance with the procedure established by the Constitution of the Russian Federation, reconsider this law. If, upon reconsideration, the federal law is approved in the previously adopted version by a majority of at least 2/3 of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and promulgated.

The procedure for passing federal constitutional laws has the following features:

1) They are accepted on issues stipulated by the Constitution of the Russian Federation.

2) A federal constitutional law is considered adopted if it is approved by a majority of at least 3/4 of the total number of members of the Federation Council and at least 2/3 of the total number of deputies of the State Duma.

3) The adopted federal constitutional law is subject to signing by the President of the Russian Federation and promulgation within fourteen days. However, the President does not have the right to veto these laws.

The procedure for considering, adopting and promulgating laws must ensure the democratic formation of the state will of the people expressed in laws, the reflection of their opinion and interests.

§ 3. GOVERNMENT OF THE RUSSIAN FEDERATION

According to the Constitution of the Russian Federation, the executive power in the Russian Federation is exercised by the Government of the Russian Federation. The Government is the highest collegiate body exercising public administration. As the supreme body of executive power, the Government of the Russian Federation heads the unified system of executive power in the Russian Federation. It ensures the functioning of the entire system of executive power throughout the state, directs the activities of ministries and other bodies of federal executive power.

The Government of the Russian Federation is a collegial body. It consists of the Chairman of the Government of the Russian Federation, his deputies and federal ministers.

The Chairman of the Government of the Russian Federation is appointed by the President with the consent of the State Duma. The candidacy of the Chairman of the Government is submitted for consideration by the State Duma within two weeks after the newly elected President of the Russian Federation takes office or after the resignation of the Government, or within a week from the day the candidacy was rejected by the State Duma. After the State Duma rejected three times the submitted candidates for the post of Chairman of the Government of the Russian Federation, the President appoints him, and dissolves the State Duma, announcing early parliamentary elections.

Deputy Prime Ministers and federal ministers are appointed by the President on the proposal of the Head of Government. Members of the Government may not hold any other position in the public service, in commercial, public bodies and political parties. They do not have the right to entrepreneurial activities, as well as any other work, except for teaching and scientific and creative activities. They cannot also be deputies and members of the Houses of Parliament.

The government may resign on its own initiative. The President has the right to accept or reject it. At the same time, the President has the right to dismiss the Government.

The State Duma may express no confidence in the Government. In this case, the head of state has the right to announce the resignation of the Government or disagree with the decision of the State Duma. In the event that the State Duma repeatedly expresses no confidence in the Government within three months, the President announces the resignation of the Government or dissolves the State Duma. The Chairman of the Government may raise the question of confidence in the Government before the State Duma. If the State Duma refuses confidence, the President within seven days decides on the resignation of the Government or on the dissolution of the State Duma and the appointment of new elections.

In the event of resignation or resignation, the Government of the Russian Federation, on behalf of the President of Russia, continues to act until a new Government is formed.

As a federal executive body, the Government of Russia is endowed with a wide range of constitutional powers.

It organizes the implementation of the domestic and foreign policy of the state, carries out state administration and regulation in all spheres of socio-economic life, ensures the implementation of the Constitution and federal laws. The federal constitution vests the government with the right of legislative initiative.

In the field of economic management, the Government:

Ensures the unity of the economic space and freedom of economic activity in the country;

Creates conditions for the free development of entrepreneurship;

Ensures the implementation of a unified financial, credit and monetary policy in Russia;

Manages federal property;

Develops the federal budget and ensures its implementation.

In the field of social policy, the Government:

Develops social development programs; implements a unified policy in the field of healthcare, science, education and culture;

Ensures the implementation of a unified state policy, the implementation of the rights of citizens in the field of social security and social protection;

Takes measures to implement the rights of citizens to receive pensions and benefits; contributes to the development of physical culture, sports and tourism.

In the field of ensuring the rule of law, rights and freedoms of citizens:

Take measures to protect public order and fight crime;

Develops and implements a unified policy in the field of ensuring the security of the individual, protecting the rights and freedoms of man and citizen;

Develops and implements a program to combat crime.

In the field of defense and security of the country, the Government of Russia takes measures to ensure its defense:

Takes measures to ensure state security;

Takes measures to protect the state border;

In charge of civil defense

In the field of foreign policy, the Government of Russia concludes international treaties and represents the interests of the Russian Federation in international organizations.

The Government, on the basis of and in pursuance of the Constitution, federal laws, regulatory decrees of the President, issues resolutions and orders that are binding on the entire territory of the Russian Federation.

Federal Assembly of the Russian Federation: constitutional status and structure. The Parliament of the Russian Federation is the Federal Assembly of the Russian Federation, it is the highest representative and legislative body of the Russian Federation Art. The Federal Assembly exercises legislative power in the Russian Federation independently of other state authorities of the Russian Federation. The Federal Assembly consists of two chambers: 1 Federation Council it includes 2 representatives from each subject of the Russian Federation: one is a representative of the legislative power of the subject of the Russian Federation and the other is the executive power; 2 of the State Duma in its composition ...

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73. Federal Assembly of the Russian Federation: constitutional status and structure.

Chairman of the Fed. Assembly in the Russian Federation is Matvienko Valentina Ivanovna. The supreme legislative power in the state is exercised by the parliament. Parliament - This is a representative body of the country, endowed with the authority to exercise legislative power in the state and personifying it. Parliament of the Russian Federation - this is the Federal Assembly of the Russian Federation, it is the highest representative and legislative body of the Russian Federation (Article 94 of the Constitution of the Russian Federation). The Federal Assembly exercises legislative power in the Russian Federation independently of other state authorities of the Russian Federation.

The Federal Assembly consists of two chambers: 1) the Federation Council (it includes 2 representatives from each subject of the Russian Federation: one is a representative of the legislative power of the subject of the Russian Federation, and the other is the executive power); 2) the State Duma (deputies are elected to its composition by universal open voting).

Members of the Federation Council and deputies of the State Duma have a special status of representatives of the people. Principles their activities: 1) the principle of "imperative mandate" (that is, the obligation to fulfill the orders of voters and accountability to them); 2) the principle of "free mandate" (i.e., free expression of one's will without influence from any authority or official).

Features of the Federal Assembly of the Russian Federation:1) The Federal Assembly is a collegial body consisting of representatives of the population; 2) it is the highest legislative body in the Russian Federation, i.e. the acts of the Federal Assembly and the laws adopted by it must comply only with the Constitution of the Russian Federation, while in relation to all other normative acts these acts have the highest legal force.

Operating principlesof the Federal Assembly of the Russian Federation: 1) the procedure for the formation and competence of the chambers of the Federal Assembly are established by the Constitution of the Russian Federation; 2) The Federal Assembly is the representative of the people of Russia and defends their interests; 3) The Federal Assembly is the only body that has the right to adopt the state budget and control its execution; 4) elections of the President of the Russian Federation are appointed by the Federal Assembly.

The main function of the Federal Assembly is the adoption (lower house) and approval (upper house) of federal constitutional and federal laws.

The Federal Assembly of the Russian Federation carries out: 1) disposal of federal funds of the state treasury (adopts the federal budget and exercises control over its execution); 2) control over the executive branch.

The powers of the Federal Assembly include the procedure for removing the President of the Russian Federation from office on the basis of the conclusion of the Prosecutor General of the Russian Federation on the presence of corpus delicti in the actions of the President of the Russian Federation and the procedure for announcing a "vote of no confidence" in the Government of the Russian Federation, as well as control over the judiciary by giving consent to the appointment of judges of the highest state Russian courts.

The Federal Assembly is independent in the exercise of its powers, but its lower house(State Duma of the Russian Federation) can be dissolved by the President of the Russian Federationin the following cases: 1) three times disapproval by the Federal Assembly of the candidature of the Chairman of the Government of the Russian Federation proposed by the President of the Russian Federation; 2) announcement of a "vote of no confidence" in the Government of the Russian Federation, with which the President of the Russian Federation twice disagreed.

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The Constitution of the Russian Federation enshrined the principle of separation of powers (Article 10). According to Art. 94 Legislative power in the Russian Federation belongs to the Federal Assembly of the Russian Federation, which the Constitution also calls the representative body of the Russian Federation. This means that it acts as a representative of the entire multinational people of the Russian Federation, is formed on the basis of the general participation of the population in the political process.

The Federal Assembly of the Russian Federation consists of two chambers - the Federation Council and the State Duma (Article 95). The bicameral parliament reflects the federal structure of our state. The lower house acts as a direct representation of various population groups, political parties and movements and is formed through nationwide elections. The upper house is designed to reflect the specific features of federalism and acts as a representation of the subjects of the Federation (the Federation Council includes two representatives from each subject of the Russian Federation - one from the representative and executive bodies of state power (part 2 of article 95). Thus, the maximum possible the number of mandates of the Federation Council - 178. The State Duma has 450 deputies (part 3 of article 95. It is elected on the basis of a combination of majoritarian and proportional systems. In 1995, 225 deputies were elected on party lists (proportional system); districts (majoritarian system of relative majority) also elected 225 deputies.It should be noted that in the parliaments of a number of foreign countries (Great Britain, Germany) the number of the lower house is much larger (by about 200 deputies).Determining the size of the Russian parliament, the legislator had to face the problem: when , on the one hand, work The capacity of the State Duma may be reduced due to an excessively large number, but, on the other hand, a decrease in the number of mandates leads to the fact that single-mandate electoral districts become very large.

The main characteristic of the Federal Assembly as the legislative body of Russia is its right to adopt federal laws and federal constitutional laws.

5. Features of the constitutional status of the Federal Assembly of the Russian Federation 321

The adoption of all federal laws falls within the competence of the State Duma, elected directly by the population of the Russian Federation. This practice exists in most countries with a bicameral parliament: legislative activity is entrusted mainly to the lower house, which is elected through direct elections.

Decision-making on the most important issues of the life of the state, referred by the Constitution to the competence of the Federal Assembly, is ensured by the permanent nature of its work (part 1 of article 99). The chambers of parliament operate not in the order of short-term periodic sessions, but almost constantly - this is a necessary condition for the active role of parliament in the political life of society. The Constitution establishes that the State Duma begins its work on the thirtieth day after the election. This one-month period between her election and the first meeting is set for summing up the full results of the elections and registering the elected deputies by the Central Election Commission. However, if necessary, the President of the Russian Federation has the right to convene the newly elected State Duma earlier than this period (Part 1 of Art.

2 tbsp. 99). The Federation Council also meets for its first meeting on the thirtieth day after its convocation. The first meeting of the Federation Council is opened by the President of the Russian Federation; it is then chaired by the oldest member of the Federation Council until the Chairman of the Federation Council is elected. The first meeting of the State Duma is opened by the oldest deputy.

Due to the vesting of both chambers with different powers, the Constitution established a separate procedure for meetings of the Federation Council and the State Duma. As a rule, the meetings of the chambers are open. This means that representatives of the media, various state bodies, etc., have the right to attend meetings. However, in cases provided for by the regulations of the chambers, closed meetings can be held (for example, if information constituting state secrets is discussed). In addition, the Constitution provides for cases when both Lalats can sit jointly: to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by heads of foreign states. To ensure the organization of the work of parliament, the deputies of each of the chambers elect a chairman and his deputies from among their members, but there is no general leadership over them. At the same time, each chamber independently determines the number of vice-presidents.

The Federation Council and the State Duma form committees and commissions in which a more thorough discussion of problems is carried out, legislative acts are being worked out on various subject competences of these structural divisions

Chapter XV. Parliament

chambers. Thus, committees have been created in the Federation Council: on constitutional legislation; on Federation Affairs, the Federal Treaty and Regional Policy; for the Commonwealth of Independent States; on international affairs; budget: financial, | currency and credit regulation, money issue, currency | policy and customs regulation; on agricultural policy, etc. |

There are more committees in the State Duma than in the Federation Council -:

tion - this is due to the fact that the main legislative activity falls on the Duma. The following committees have been formed in the lower chamber: on economic policy, on industry, construction:

telstvie, transport and energy; on defense; for security; on. legislation and judicial reform; education, culture and science; on agricultural issues; on international affairs; on the affairs of public associations and religious organizations, etc.

The list of committees and commissions, their number, and the procedure for creating them are enshrined in the Regulations of each of the chambers. Each newly formed chamber adopts its own Regulations, which is explained by the different powers and jurisdictions of the Federation Council and the State Duma. The Regulations also contain sections on the powers and procedure for electing the Chairman of the Chamber and his deputies, on the procedure for holding a meeting, etc.)

In general, the organization of the activities of the Russian parliament is determined by the powers of the Federation Council and the State Duma, enshrined in the Constitution of the Russian Federation. In Art. 102 defines the following powers of the Federation Council:

a) approval of changes in the borders between the constituent entities of the Russian Federation. Such changes (in accordance with part 3 of article 67) can be carried out only with the mutual consent of the subjects of the Russian Federation. The role of the Federation Council in this case is to sanction the agreements of the relevant subjects of the 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.

When considering points "b" and "c", it should be borne in mind that the President of Russia, in accordance with Art. 88 of the Constitution has the right to impose a state of emergency on the territory of the Russian Federation or in its individual areas, and in accordance with Art. 87 The President also has the right to impose martial law (in the event of aggression against the Russian Federation or an immediate threat of aggression). In these cases, the President must immediately communicate his decrees on these matters to the Federal Assembly;

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

5 Features of the constitutional status of the Federal Assembly of the Russian Federation 323

e) appointment of elections of the President of the Russian Federation (both in connection with the expiration of the term of office, and in cases of their early termination);

f) removal of the President of the Russian Federation from office. The decision on the impeachment of the President is referred to the competence of the Federation Council due to the fact that the President does not have the right to dissolve the upper house of the Federal Assembly;

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

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

Personnel appointments specified in paragraphs. “g” and “h” are carried out on the proposal of the President of the Russian Federation (clause “e” of article 83);

i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors. (The Accounts Chamber is a special body designed to assist the Federal Assembly in exercising control over the execution of the federal budget).

On the above issues, the Federation Council adopts resolutions by a simple majority of votes. However, in a number of cases provided for by the Constitution (decision to remove the President from office, revision of the provisions of the Constitution), resolutions must be adopted in a “different order” (see Articles 134-137; Part 2 of Article 93).

The Constitution refers to the powers of the State Duma (Article 103):

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. According to the Constitution, the Government of the Russian Federation is responsible to the Federal Assembly of the Russian Federation, namely, to the State Duma, which decides on the appointment of the Chairman of the Government of the Russian Federation and the expression of no confidence in the Government. With regard to these decisions, a special procedure for settling contradictions between the President of the Russian Federation and the State Duma is envisaged. According to Art. 109 of the Constitution of the Russian Federation, the State Duma may be dissolved by the President of the Russian Federation if it rejects the candidates submitted by the head of state for the post of Chairman of the Government of the Russian Federation three times. At the same time, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma, and in case of his disagreement with the decision taken by it of no confidence in the Government of the Russian Federation (Article 117);

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;

Chapter XV. Parliament

e) appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law. This institution is new for the Russian Federation, but in most developed countries it has long played an important role in protecting human and civil rights. As a rule, this department considers complaints about violation of constitutional rights, analyzes the state of affairs in the field of human and civil rights in the country and reports this to the parliament, proposing to take appropriate legislative measures;

f) announcement of an amnesty (i.e., acts of full or partial release from liability (usually criminal) of persons who have committed crimes);

g) bringing charges against the President of the Russian Federation to remove him from office. The lower house of the Russian parliament has been granted the right only to initiate the issue of impeachment, while the final decision on this charge is made by the Federation Council.

On these issues, the State Duma adopts resolutions by a majority of votes. The Constitution provides for a different procedure for making decisions on certain issues (for example, Part 2 of Article 135 - a proposal to revise the provisions of the Constitution must be supported by at least three-fifths of the total number of members of the Federal Assembly in order to be able to convene the Constitutional Assembly).

Consider the main points of the legislative process of the Russian parliament. Article 104 of the Constitution contains an exhaustive list of subjects of legislative initiative. These include 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, representative bodies of the constituent entities of the Russian Federation, as well as the Constitutional Court of the Russian Federation, the Supreme Court and the Supreme Arbitration Court of the Russian Federation on issues of their competence.

This list is much wider than in most foreign countries, where only deputies and the government, and even committees of parliament, have the right to submit a prepared bill for consideration by the parliament. The committees of the Russian parliament do not have the right of legislative initiative; bills introduced by deputies are of the author's nature. The joint activity of the subjects of legislative initiative is not ruled out.

Bills are submitted for consideration only to the State Duma. As already mentioned, the right to adopt laws is assigned by the Constitution to the competence of the lower house of the Federal Assembly; the upper chamber (the Federation Council) is authorized to approve or reject the law adopted by the Duma. As in most countries, the Constitution provides for a special procedure for considering legislative

5. Features of the constitutional status of the Federal Assembly of the Russian Federation 325

projects related to the financial obligations of the state, tax bills, etc. They can be introduced as a legislative initiative only if there is a conclusion of the Government of the Russian Federation.

After the bill is submitted to the State Duma, the next stage of the legislative process begins - the consideration of the bill by this Chamber. The regulations of the State Duma define in detail the procedure for considering bills. It is carried out in three readings, during which the provisions of the bill are discussed, its concept and the need for adoption are assessed, amendments are made, etc."

The next stage of the legislative process is the adoption of the law by the State Duma. According to the Constitution of the Russian Federation and the Regulations of the State Duma, federal laws are adopted by a majority vote of the total number of deputies of the State Duma and submitted to the Federation Council within five days. 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 the Federation Council rejects a federal law, the chambers can create a conciliation commission to overcome the differences that have arisen, after which the federal law is again subject to re-consideration by the State Duma. In case of repeated voting, in case of disagreement between the State Duma and the Federation Council, a federal law is considered adopted if at least two-thirds of the total number of deputies of this chamber voted for it (part 5 of article 105).

The adopted federal law is sent to the President of the Russian Federation for signing and promulgation within 5 days. If the President rejects this law within fourteen days, both chambers shall consider it again, and if it is approved upon reconsideration by at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President within seven days and disclosure. Thus, by a qualified majority, the Federal Assembly has the opportunity to override the presidential veto.

A federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the total number of members of the Federation Council and at least two-thirds of the total number of deputies of the State Duma. The adopted federal law is subject to signing by the President and promulgation within fourteen days (part 2 of article 108).

"See for more details: Strekozov V. G., Kazanchev Yu. D. State (constitutional) law of the Russian Federation. M., 1995. S. 264-269.

Chapter XV. Parliament

It should be borne in mind that federal constitutional laws are adopted only on issues expressly provided for by the Constitution (on the conditions and procedure for introducing a state of emergency (Article 56), on the adoption in the Russian Federation and the formation of a new subject in its composition (Part 2 of Article 65) , on a referendum (clause “c” of article 84), on the regime of martial law (clause 3 of article 87), etc. Federal laws also include those laws that are adopted on issues specified by the Constitution of the Russian Federation in articles 3, 6 , 25, 26, 29, 37, 51, 59, 66, 67, 75, 77, 81, etc.

At the end of the consideration of the issues of the parliamentary systems of foreign countries and Russia, I would like to say a few words about the international cooperation of parliamentarians from different countries within the framework of the Inter-Parliamentary Union. This is one of the oldest international organizations, founded in 1889 on the initiative of Sir William Randol Cramer, a well-known British parliamentarian, and Frederic Passy, ​​a French politician. Somewhat later, deputies of the State Duma of pre-revolutionary Russia joined the activities of the Inter-Parliamentary Union. With the outbreak of the First World War, the activities of the Union were interrupted and resumed at the end of the war, but the deputies of the legislative bodies of Soviet Russia no longer took part in the activities of this organization. In 1955, a group of deputies of the Supreme Soviet of the USSR made an official request to become a member of this organization. Since that time, the parliamentarians of our country have been constantly participating in the work of the Inter-Parliamentary Union. According to the Charter of this organization, the parliament of any country that shares the principles and provisions of the basic documents of the Union can be its member and participate in its activities, but on condition that a national inter-parliamentary group is formed within the parliament of this country. After the elections to the Federal Assembly of the Russian Federation in December 1993 and in the Russian parliament, an Inter-Parliamentary Group was created, which includes deputies of the State Duma and members of the Federation Council (membership in it is voluntary). Today, the IPU includes parliamentary groups of 133 countries, which allows considering and discussing world-class problems at international conferences: social development, regional security and cooperation, resolving conflicts that arise in the modern world, and many others.

The participation of Russian parliamentarians in this international forum gives them the opportunity not only to bring to the attention of the world community the existence of certain problems that exist in Russia, but - which is very important - also to search for ways of cooperation in solving problems that are relevant to the entire world community.

Chapter 5 reveals the basics of the organization and activities of the Parliament of the Russian Federation. According to Article 11 of the Constitution, the Federal Assembly, along with the President, the Government and the courts of the Russian Federation, exercises state power in our country. As established by Article 10, state power is exercised on the basis of division into legislative, executive and judicial. At the federal level, the Federal Assembly represents the legislative branch of the Russian Federation.

The legal status of the Federal Assembly is defined not only in Chapter 5 of the Constitution. The fundamentals of interaction between the Federal Assembly and the President of the Russian Federation are established in Chapter 4 "President of the Russian Federation" and cover an extremely wide range of issues, in particular, the coordination of appointments of a number of officials, the appointment of elections and the dissolution of the State Duma, the participation of the President in the legislative process, the introduction of military and emergency regulations, removal of the President from office and some others. The procedure for appointing the Chairman of the Government of the Russian Federation, as well as expressing no confidence in the Government by the State Duma, are reflected in Chapter 6 "The Government of the Russian Federation". Chapter 7 "Judicial Power" defines the powers of the Constitutional Court in relations with the chambers of the Federal Assembly.

The constitutional status of the legislative and representative body of state power of the Russian Federation has changed. Whereas the former Constitution recognized him as having the right to resolve virtually all issues within the jurisdiction of the Russian Federation, the new Constitution restricts the list of issues to be considered by the chambers of the Federal Assembly. Administrative functions are excluded from the competence of the Parliament. The control functions of the legislature have also undergone changes. Parliamentary control is rather limited. The chambers of parliament retained the right to exercise control over the execution of the federal budget (Article 101), and the State Duma also has the authority to decide on the issue of confidence in the Government of the Russian Federation (Article 103).

The Federal Assembly consists of two chambers: the State Duma and the Federation Council. Formally, the Federation Council is not the upper house of parliament and, accordingly, the State Duma is not its lower house, since this is not established by the Constitution. Such characteristics stem mainly from the analogy with the foreign practice of organizing bicameral parliaments.

As a rule, the chambers of the Federal Assembly sit separately. In some cases, joint sessions of the chambers are held. At meetings of the chamber of the Federal Assembly, they exercise the powers assigned to their jurisdiction by the Constitution of the Russian Federation. Most of the powers of the chambers are delineated in the Constitution based on the nature of the representation inherent in the method of formation of the chambers, and their functional purpose.

All citizens of the Russian Federation are represented in the State Duma through deputies, regardless of their place of residence on the territory of the Russian Federation. The Federation Council is formed from representatives of state authorities of the subjects of the Federation (deputies of the Federation Council of the first convocation were elected on the basis of universal direct suffrage). Thus, through the Federation Council, the development of decisions that most accurately take into account the interests of the constituent entities of the Russian Federation is ensured.

There are three main groups of powers of the chambers of the Federal Assembly, established by the Constitution:

1) relating to the exclusive jurisdiction of each of the chambers of the Federal Assembly (Articles 102 and 103);

2) related to the organization of the activities of the chambers (Article 101);

3) powers to adopt federal laws (Article 105).

Articles 102 and 103 define issues that go beyond the legislative activity of the parliament and are a legal expression of the system of checks and balances in the construction and functioning of the highest bodies of legislative, executive and judicial power. Other issues that are within the jurisdiction of the Russian Federation and should be decided by a representative body are also subject to consideration by the Parliament.

The issues provided for by Articles 102 and 103 of the Constitution are decided by the chambers independently and independently of each other, while they do not have the right to accept for their consideration and resolve issues assigned to the jurisdiction of another chamber.

Most of the issues stipulated by Article 101 of the Constitution (election of chairmen of the chambers, adoption of regulations, formation of parliamentary committees) are also decided by the chambers independently. At the same time, it is possible to jointly exercise the powers of the chambers to hold parliamentary hearings and control the execution of the federal budget.

We should especially note the difference in the functions of the chambers for the adoption of federal laws, enshrined in the Constitution. According to the Constitution, legislative activity is concentrated mainly in the State Duma: bills are submitted to the State Duma; there is a possibility of overcoming the disagreement of the Federation Council with the law adopted by the State Duma; the terms during which the Federation Council is obliged to consider laws submitted to it by the State Duma are limited. The functions of the Federation Council in the field of lawmaking consist in considering laws adopted by the Duma, their approval or disapproval.

On issues referred to their jurisdiction by the Constitution, the chambers of the Federal Assembly adopt resolutions. A special kind of acts of the chambers of the Federal Assembly are their regulations.

There are two main ways to clarify the provisions of the Constitution that determine the status of the Federal Assembly. Firstly, on controversial constitutional issues or when filling gaps in the Constitution, it may be interpreted by the Constitutional Court of the Russian Federation in accordance with Part 5 of Article 125 of the Constitution. Secondly, following the spirit and letter of the Constitution, the chambers of the Federal Assembly can independently resolve most issues related to the organization of their work by adopting the regulations of the chambers, and, if necessary, federal laws. The adoption of federal laws is necessary, in particular, to resolve a number of issues related to determining the status of deputies of the chambers of the Federal Assembly, the status and procedure for the activities of committees and commissions of the chambers of the Federal Assembly.

According to the Constitution of the Russian Federation (clause 1, article 95), the Federal Assembly of the Russian Federation consists of two chambers - the Federation Council and the State Duma. The bicameral structure of the Russian Parliament is built on the principle of bicameralism, which has a number of advantages. First, in federal states, one of the chambers, as a rule, reflects the interests of specific territories (subjects of the Russian Federation) that are part of this state of political and territorial formations. Secondly, the second chamber reflects the interests and needs of the whole society, takes them into account in its legislative activities. Thirdly, the presence of the second chamber allows, on the one hand, to ensure the quality of the legislative process, since bills consistently go through the discussion of the two chambers, and on the other hand, to balance (harmonize) the interests of the population of specific territories of the Federation and national interests.

The chambers of the Federal Assembly work independently. They sit separately, have a different internal structure, for example, the committees and commissions they form differ in number and names. The term of office of the State Duma is five years (clause 1, article 96). The term of office of the Members of the Federation Council is equal to the term of office of the relevant public authority of the constituent entity of the Russian Federation (clause 3, article 95). The procedure for the formation of the Federation Council and the procedure for the election of deputies to the State Duma are established by federal laws (clause 2, article 96).

The State Duma of the Russian Federation and the Federation Council have a different order of formation. The State Duma is elected through democratic elections. The Federation Council includes two representatives from each subject of the Russian Federation: one each from the representative (legislative) and executive bodies of state power, as well as representatives of the Russian Federation appointed by the President of the Russian Federation (whose number is no more than 10% of the number of members of the Federation Council).

The procedure for the formation of the Federation Council of the Russian Federation is determined by the Federal Law of December 3, 2012 No. 229-FZ “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation”. The number of members of the chambers is also not the same. The State Duma consists of 450 deputies. The Federation Council includes 170 senators from the regions. Two representatives from each subject of Russia, of which there are 85 (since March 18, 2014). The number of members of the Federation Council has changed several times since 1993 due to the merger of existing and the formation of new subjects of the Federation.

The chambers of the Federal Assembly have different powers, although the appointment and functions of the Parliament are the same for both chambers. It is impossible to talk about the preponderance of the powers of one chamber in favor of another or about the subordination of the chambers. The representative and legislative body of the Russian Federation, representing the entire multinational people of Russia and all subjects of the Russian Federation, is the Parliament as a whole, i.e. The Federation Council and the State Duma, whose powers are properly balanced. In the system of separation of powers, parliament is considered as a single entity. The State Duma and the Federation Council interact in the legislative process, for example, they form conciliation commissions. Chambers can jointly defend their positions in disputes over competence (for example, they apply to the Constitutional Court of the Russian Federation with a request to oblige the President of the Russian Federation to sign a specific federal law). The cooperation of the chambers is manifested in the joint formation of a number of bodies (for example, the Accounts Chamber of the Russian Federation, the Central Election Commission of the Russian Federation). The chambers may meet together to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, speeches by heads of foreign states. The joint participation of both chambers is necessary to make a decision on the dismissal of the head of state from office. The State Duma accuses the President of the Russian Federation, and the Federation Council removes him from office by 2/3 of the votes of the total number of parliamentarians in each of the chambers.

The State Duma and the Federation Council interact on the basis of the principle of the upper and lower houses. The essence of this principle is as follows: each chamber operates independently and has a number of exclusive powers; the legislative process always begins in one house (passing a law) and continues in the other (approving a law). So, the bill moves as if from the bottom up, so the State Duma is considered the lower house, and the Federation Council is the upper one; one of the chambers is the direct representation of the people. Close proximity to voters predetermines the said characteristic of the State Duma. Duma deputies directly express the interests of Russian voters. It is the chamber, based on direct popular representation, that has more significant powers to exercise control over the executive authorities and can be dissolved by the head of state in the event of a conflict between the executive and legislative authorities.

Along with the general parliamentary competence within the framework of joint powers, each chamber of the Federal Assembly has exclusive powers.

Council of the Federation:

• 1) approves changes in the borders between the subjects of the Russian Federation on the basis of the mutual consent of the latter;
• 2) approves decrees of the President of the Russian Federation on the introduction of martial law or a state of emergency;
• 3) resolves the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of Russia;
• 4) calls the election of the President of the Russian Federation;
• 5) elect judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation.

The State Duma:

• 1) gives consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;
• 2) resolve the issue of confidence in the Government of the Russian Federation;
• 3) appoints and dismisses the Chairman of the Central Bank of the Russian Federation and the Commissioner for Human Rights in Russia;
• 4) announces an amnesty.

Termination of the powers of the Federation Council is impossible. The President of the Russian Federation does not have the right to dissolve this chamber of the Federal Assembly. The powers of the State Duma are terminated after the expiration of the term for which it was elected, as well as ahead of schedule in connection with the dissolution of the President of the Russian Federation.