Principles and practice of forming the Federation Council. Federation Council of the Federal Assembly of the Russian Federation What are the ways to form a Federation Council briefly

Expert at the Center for Scientific Political Thought and Ideology Alexander Gaganov

On May 23, 2014, the State Duma adopted in the third reading the Law of the Russian Federation on an amendment to the Constitution of the Russian Federation “On the Federation Council of the Federal Assembly of the Russian Federation,” providing for the appointment of some members of the upper house of parliament by the President of Russia. How can this law be assessed from a legal perspective? What are the possible political consequences of such a decision? In whose interests was this law adopted, what and who is behind its rapid development and adoption? Why is such a law being adopted now?

In federal states, the federal parliament usually has a bicameral structure. The presence of an upper chamber is connected precisely with the need to express the specific interests of the subjects of the federation. At the same time, the federal parliament exercises the power of the people of the entire federation and represents the interests of the entire people. The lower house is usually formed through elections, while the upper house is formed in various ways, including combined ones. An example of a unique model for filling the upper chamber is the Russian Federation Council.

The Constitution of the Russian Federation is laconic regarding the formation of the Federation Council; Article 95 states that the Federation Council includes two representatives from each subject of the Russian Federation: one each from the representative and executive bodies of state power. Federal Law No. 229-FZ of December 3, 2012 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” specifies constitutional norms.

If the first composition of the Federation Council was elected, then later the principle of election was abandoned in favor of representation by position, and then the appointment of representatives from the executive branch and indirect election of a representative from the legislative body of the constituent entity of the Russian Federation.

The draft law on an amendment to the Constitution of the Russian Federation (No. 468171-6) proposes to introduce “representatives of the Russian Federation” into the Federation Council, who are appointed by the President of the Russian Federation. The amendment law does not impose any special requirements on such “representatives of the Russian Federation”.

There have been comments in the media that in some foreign countries, presidents also have the right to appoint honorary senators. It is known that blindly copying foreign practices, borrowing legal institutions from other countries with their own history and political situation and applying them in Russian reality can have unpredictable consequences. However, it makes sense to turn to primary sources to understand the logic of legislators.

Analysis of the procedure for forming upper chambers in foreign countries

The appointment of several members of the upper house of parliament by the president is indicated by the constitutions of several states, including unitary ones: Kazakhstan (unitary state; 15 members of parliament are appointed), Italy (5), India (12), Belgium, Great Britain (unitary state).

Article 50 of the Constitution of Kazakhstan provides that fifteen deputies of the Senate are appointed by the President of the Republic, taking into account the need to ensure representation in the Senate of national, cultural and other significant interests of society. In addition, the Senate is formed by deputies representing, in the manner established by constitutional law, two people from each region, city of republican significance and the capital of the Republic of Kazakhstan (about 34 people). Thus, senators appointed by the president make up approximately a third of the total number of members of the upper house.

According to Article 80 of the Constitution of India, the Council of States consists of 12 members appointed by the President from among persons having special knowledge or practical experience in the following fields: literature, science, art and social activities. In addition, the Council of States includes no more than 238 representatives of states and union territories. Thus, appointed senators make up approximately a twentieth of the total number of members of the upper house.

According to Article 59 of the Italian Constitution, every former President of the Republic is a senator by right and for life, unless he renounces it. The President of the Republic may appoint five citizens who have glorified their Motherland with outstanding achievements in the social, scientific, artistic and literary fields as senators for life. The Senate also has 315 elected senators. Thus, appointed senators make up approximately sixtieth of the total number of members of the upper house.

In Great Britain, the upper house of parliament - the House of Lords - is replaced only by appointment by the monarch (since 1999), giving the title of Lord. However, the 90 hereditary lords temporarily retain their seats in the upper house.

The most complex procedure for forming the upper house is provided for by the Belgian Constitution. Article 67 states that the Senate consists of 71 senators, including:

"1. twenty-five senators elected ... by the Dutch electoral college;

2. fifteen senators elected ... by the French electoral college;

3. ten senators appointed by the Council of the Flemish Community, nominated by the council from among its members;

4. ten senators appointed by the Council of the French Community from among its members;

5. one senator appointed by the Council of the German-speaking Community from among its members;

6. six senators appointed by the senators referred to in paragraphs 1 and 5;

7. four senators appointed by the senators referred to in paragraphs 2 and 6."

In addition, the children of the King, and in their absence, the relatives of the royal family in the descending line that is called to rule, are by right senators from the age of eighteen. They only get the casting vote from the age of twenty-one. They are not taken into account when determining the quorum of those present (Article 72). In total, 40 senators are elected directly by citizens of electoral colleges, 21 senators are appointed by councils of linguistic communities, 10 senators are appointed by already elected or appointed senators.

Of the five examples given of the formation of the upper chamber using the principle of appointment, three have common features:

1) appointment to the upper chamber is due to the outstanding personal qualities of senators (federal India, Italy), or the need to ensure representation in the Senate of national, cultural and other significant interests of society (unitary Kazakhstan);

2) the number of appointed senators is, as a rule, small (12 versus 238 in India, 5 versus 315 in Italy); such a ratio with elected senators can hardly influence the representative nature of parliament, and indeed significantly influence decision-making.

The scientific literature gives mixed assessments of the appointment of members of the upper house. It is noted that their votes do not quantitatively affect the voting results, but their activities in parliament and participation in the discussion of laws can improve the quality of laws adopted.

At the same time, such a practice violates the principle of political competition and proportionality of representation. Of course, appointment also contradicts the principle of elective parliament.

Perhaps, the only advantage of introducing appointed members of the Federation Council can be considered a hypothetical increase in the quality of laws, and only on the condition that these senators will be appointed due to their exceptional personal qualities.

Analysis of the text of the draft amendment to the Constitution of the Russian Federation

Actually, what is new in the amendment to the Constitution of the Russian Federation proposed by deputies is the power of the President of the Russian Federation to “appoint and dismiss representatives of the Russian Federation in the Federation Council” (Article 83 of the Constitution of the Russian Federation), as well as the addition to Article 95 of the Constitution of the Russian Federation regarding the procedure for forming the Federation Council:

"2. The Federation Council includes: two representatives from each subject of the Russian Federation - one each from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, the number of which is no more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

3. A member of the Federation Council - a representative from the legislative (representative) or executive body of state power of a subject of the Russian Federation is vested with powers for the term of office of the corresponding body of state power of the subject of the Russian Federation.

4. The President of the Russian Federation cannot dismiss a member of the Federation Council appointed before his assumption of office - a representative of the Russian Federation during the first term of his powers, except for cases provided for by federal law.”

Here are several points for discussion:

1) the introduction of “representatives of the Russian Federation” into the federal body of state power, which is the Federation Council;

2) the number of “representatives of the Russian Federation” in the upper chamber is no more than ten percent of the number of members of the Federation Council - representatives of government bodies of the constituent entities of the Russian Federation (no more than 17 people, that is, from 1 to 17, or even from 0 to 17);

3) the principle of appointment of some members of the Federation Council;

4) additional powers of the President of the Russian Federation to appoint members of the Federation Council;

5) the impossibility of dismissing from office a member of the Federation Council - a representative of the Russian Federation, appointed before the President of the Russian Federation assumed office during the first term of office;

6) the urgent nature of the powers of members of the Federation Council - representatives of government bodies of a constituent entity of the Russian Federation.

Why were representatives of the Federation needed in the federal parliament?

The justification for the need to adopt the amendment states the following: “The implementation of this proposal will create additional conditions for achieving a balance of powers and legitimate interests of the Russian Federation and its constituent entities, which is one of the main goals of the activities of the Federation Council as a constitutional body of the Russian Federation, designed to reflect its federal state structure.” .

What balance of powers and legitimate interests of the Federation and its subjects are we talking about and how will this balance be achieved with the help of 17 (maximum) representatives of the Federation? The division of jurisdiction and powers between the Russian Federation and its subjects is established by the Federal Treaty, the Constitution of the Russian Federation, federal laws, the powers of the subjects of the Russian Federation are specified by the Federal Law of October 6, 1999 No. 184-FZ “On the general principles of the organization of legislative (representative) and executive bodies of state authorities of the constituent entities of the Russian Federation." Federal Law No. 184-FZ of October 6, 1999, among the principles of activity of public authorities of the constituent entities of the Russian Federation, includes the delimitation of the subjects of authority and powers between public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation, specifying it as follows: “Powers of public authorities of the subject The Russian Federation is established by the Constitution of the Russian Federation, this Federal Law, other federal laws, the constitution (charter) and the laws of the subject of the Russian Federation and can be changed only by introducing appropriate amendments to the Constitution of the Russian Federation and (or) revising its provisions, by introducing appropriate changes and (or) additions into this Federal Law, by adopting new federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation, or by introducing appropriate amendments and (or) additions to these existing acts.

The delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of the Russian Federation is carried out by the Constitution of the Russian Federation, the Federative Treaty and other agreements on the delimitation of subjects of competence and powers, concluded in accordance with the Constitution of the Russian Federation and federal laws" (paragraphs 4, 5 of Article 1) . If parliamentarians intend to somehow make changes to the Constitution of the Russian Federation or federal laws in order to redistribute powers in favor of the constituent entities of the Russian Federation, it is unlikely that 17 brave “representatives of the Russian Federation” will be able to prevent them.

The Russian Federation, by and large, is represented by its multinational people, as well as the representatives of the people directly elected by them: in essence, these are the deputies of the State Duma.

Article 94 of the Constitution of the Russian Federation calls the bicameral Federal Assembly the representative body of the Russian Federation. In this regard, it is unclear why additional representatives of the Russian Federation were needed in parliament.

If we assume that the President wants to introduce “his people” into the Federation Council, then this is also not very convincing: both in the State Duma and in the Federation Council there is a representative of the President of the Russian Federation, who is present at meetings of the chamber and committees (with the right of an advisory vote) , working groups, participates in discussions. Unlike senators - representatives of the Russian Federation, they do not have the right of legislative initiative and do not have other senatorial powers.

Let’s not forget that within the framework of the system of “checks and balances” the President of the Russian Federation already has significant powers in the legislative process: the right of legislative initiative, the right of veto, the right to sign and promulgate laws. Since the President of the Russian Federation is elected by citizens of the Russian Federation, he can safely be called a representative of the entire multinational people of the Russian Federation and an exponent of the interests of the Russian Federation as a whole. Due to his broad powers, he can and must protect the interests of the Russian Federation. Presidential powers in the legislative process are incomparable to the powers of 17 “presidential senators,” who by and large cannot influence the adoption of laws.

Thus, the introduction of senators appointed by the President of the Russian Federation into the Federation Council is not objectively related to the need to influence the legislative process.

The quantitative composition of senators - representatives of the Federation is not clearly stated in the amendments to the Constitution of the Russian Federation. In this regard, many questions arise: what will determine the choice of the President of the Russian Federation, how many senators to appoint? For what reasons was the 10 percent figure chosen? If the President of the Russian Federation exhausts the “limit” on his senators and appoints all “his” 17 members of the Federation Council, it turns out that the next president will no longer be able to appoint a single senator? If the next president is elected for only one term, then no one will be able to remove from office the senators appointed by the first president (except for cases provided for by federal law, which has not yet been developed)? What to do with the “extra” senators if the number of subjects of the Federation decreases, for example, as a result of another consolidation?

(One can even imagine an absurd situation in which the consolidation of the subjects will lead to their coincidence with nine federal districts, and no one will be able to fire the 17 “presidential senators”, then there will be almost the same number of them as ordinary members of the Federation Council; but at the same time At this time, the Constitution will allow for the appointment of no more than 18 “Presidential Senators.”)

It is possible that these questions will be answered by the federal law referred to in Part 4 of Article 95 of the Constitution of the Russian Federation in the proposed wording. It seems that the number of appointed senators should be certain, as is done in other countries. In this case, a reservation is permissible that the number of such senators should not exceed, for example, the same 10 percent.

The next group of theses (on the principle of appointment and additional presidential powers) is related to the separation of powers. The principle of separation of powers is enshrined in Article 10 of the Constitution of the Russian Federation and refers to the foundations of the constitutional system of Russia. The existing procedure for the formation of the Federation Council, which presupposes the inclusion of a representative from the executive body of state power of a subject of the Federation into the legislative body, violates the principle of separation of powers at the personal level. The appointment of a member of the Federation Council, a legislative body, by the President of the Russian Federation - the head of state and the de facto head of the executive branch - from the point of view of the separation of powers looks generally absurd. Can such an appointment procedure be considered as “checks and balances”? No, and here's why.

Since the amendment to the Constitution of the Russian Federation does not provide for any restrictions or special characteristics for “presidential senators”, de jure the President of the Russian Federation can appoint at his own discretion, without agreement with anyone, any person who meets the requirements of the Federal Law of December 3, 2012 No. 229-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation.” In itself, such a power, unbalanced by anything, upsets the balance of power in favor of the President of the Russian Federation.

The references of the draft developers to the fact that former chairmen of the State Duma or ministers should be appointed senators have no legal significance until they are formalized by law. Moreover, if the point of the amendment is really to enable former high-ranking officials to retain high official positions, why couldn’t this be explicitly written into law?

The lack of clear criteria for the appointment of members of the Federation Council can be considered a corruption factor. In paragraph 3 of the Methodology for conducting anti-corruption examination of normative legal acts and draft normative legal acts, approved by Decree of the Government of the Russian Federation of February 26, 2010 No. 96 “On the anti-corruption examination of normative legal acts and draft normative legal acts”, to corruptionogenic factors that set unreasonably wide limits for the law enforcement officer discretion or the possibility of unreasonable application of exceptions to general rules, includes, in particular, “the breadth of discretionary powers - the absence or uncertainty of the terms, conditions or grounds for making a decision.” The amendment to the Constitution of the Russian Federation does not contain any terms or conditions for the appointment of members of the Federation Council by the President of the Russian Federation. It remains to be hoped that this gap will be filled by federal law.

Strictly speaking, only the election of all members of the Federation Council by citizens of the Russian Federation fully meets the requirements of the separation of powers, the principle of the election of parliament and its representative nature. The trend towards the election of the upper houses of parliament is also noted in the doctrine of constitutional law; the experience of Poland, Japan, the USA, Brazil and many other countries is cited.

The third group of theses is related to the unequal status of members of the Federation Council. For some, it is provided for the impossibility of dismissal from office of a member of the Federation Council - a representative of the Russian Federation, appointed before the assumption of office by the President of the Russian Federation during the first term of office; for others - appointment for the term of office of the corresponding government body of a constituent entity of the Russian Federation. The developers of the amendment do not hide the fact that in fact, members of the Federation Council - representatives of the Russian Federation, appointed by the President of the Russian Federation, will be senators for life.

Article 2 of Federal Law No. 3-FZ of May 8, 1994 “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” provides a solid list of social guarantees for senators. Article 98 of the Constitution of the Russian Federation gives members of the Federation Council immunity during the entire term of their powers. Article 19 of the Federal Law of May 8, 1994 No. 3-FZ reveals the concept of immunity. It turns out that some senators will enjoy all the benefits practically for life. The inequality lies in the very procedure for filling the position: the majority of senators go through a complex procedure (a representative from the legislative body of state power of a constituent entity of the Federation, before getting to the Federation Council, goes through elections to the parliament of a constituent entity of the Russian Federation), and 17 representatives of the Russian Federation get to the Federation Council without any or formalities.

It is obvious that providing social guarantees, and simply paying the labor of new senators, will require significant expenditures from the federal budget. However, the financial and economic justification for the draft law on the amendment states that the adoption of the law “will not require additional expenses from the federal budget.” What does it mean? Maybe changes are planned to the Federal Law of May 8, 1994 No. 3-FZ, providing that “presidential senators” will work for free (as, for example, in Belgium - see Article 71 of the Belgian Constitution)?

Criticism of bill No. 468171-6 was heard not only in the media, but also in official reviews of subjects of the right to legislative initiative. As of May 25, 2014, only two negative reviews were received from the subjects of the Federation: April 22, 2014 from the Altai Regional Legislative Assembly (with the wording “to consider it inappropriate to adopt the specified draft federal law, since it does not comply with the principles of federalism and the unity of the system of state power established Constitution of the Russian Federation"), April 23, 2014 from the Legislative Assembly of the Ulyanovsk Region. The latter deserves separate consideration.

The first response of the Legislative Assembly of the Ulyanovsk Region to the draft amendment was received by the State Duma on April 23, 2014. According to this review, deputies of the Ulyanovsk region did not support the bill. However, on May 5, 2014, they received another review, in which the adoption of the amendment is supported taking into account the comments of the Legislative Assembly, and the resolution of the Legislative Assembly of the Ulyanovsk region dated April 17, 2014 No. 424/16-5 “On the draft law of the Russian Federation on an amendment to the Constitution of the Russian Federation No. 468171-6 “On the Federation Council of the Federal Assembly of the Russian Federation” with a negative review was declared invalid. One can only guess about the political background of such a change in decision. Deputies of the Ulyanovsk region made six comments to the draft law on the amendment:

1) the use of vague wording, the lack of an exact number of members of the Federation Council - representatives of the Russian Federation, the lack of a mechanism for reducing the number of “presidential senators” in connection with the decrease in the number of subjects of the Federation;
2) the absence of a term of office for members of the Federation Council - representatives of the Russian Federation, their actual irremovability;
3) “resolution of issues essential to the status of a member of the Federation Council - representative of the Russian Federation is subject to regulation at the level of federal law”;
4) the proposal contained in the draft to determine the term of office of other members of the Federation Council directly in the Constitution of the Russian Federation;
5) lack of deadlines for bringing legislation into compliance with the amendment to the Constitution, lack of deadlines for the initial appointment of members of the Federation Council - representatives of the Russian Federation;
6) “the bill will entail an increase in the number of members of the Federation Council and an increase in expenses covered from the federal budget. However, the bill does not contain a rule defining the sources and procedure for fulfilling the corresponding expenditure obligations (Article 83 of the Budget Code of the Russian Federation).” It is difficult to disagree with all these comments.

At the same time, the conclusion of the relevant committee of the State Duma - the Committee on Constitutional Legislation and State Building dated April 23, 2014 boils down only to the fact that it is necessary in the federal law to determine the legal status of representatives of the Russian Federation in the Federation Council, including the requirements for candidates for this position, term of office, procedure for vesting powers, and the relevant federal law must come into force no later than the entry into force of the amendment to the Constitution of the Russian Federation. Indeed, it is not clear why the corresponding amendments to the federal laws on the procedure for forming the Federation Council and on the status of a member of the Federation Council have not been prepared, and why it is impossible to wait and consider the projects in a single “package”.

The lack of serious legal controversy in connection with the draft law on the amendment may be due (in addition to the habit of passing all pro-presidential laws without looking) also to the fact that the bill is adopted in too short a time.

On the speed of adoption of amendments to the Constitution of the Russian Federation

Introducing amendments to the Constitution of the Russian Federation requires balanced, well-thought-out decisions and discussion by the scientific community. Therefore, the practice of “high-speed” adoption of laws on amendments to the Constitution of the Russian Federation is puzzling.

Thus, the draft Law of the Russian Federation on an amendment to the Constitution of the Russian Federation “On the Supreme Court of the Russian Federation and the Prosecutor’s Office of the Russian Federation” (draft No. 352924-6, Law of February 5, 2014 No. 2-FKZ) was submitted to the State Duma on October 7, 2013, On November 12, 2013, it was adopted in the first reading, on November 20 in the second, on November 22 – in the third reading. On November 27, the law was approved by the Federation Council, within two months it received approval from the constituent entities of the Federation and on February 5, 2014 it was signed by the President of the Russian Federation. In total, the entire procedure took four months.

In 2008, two laws amending the Constitution of the Russian Federation were adopted in a record time - two months. Thus, the draft law of the Russian Federation on an amendment to the Constitution of the Russian Federation “On the control powers of the State Duma in relation to the Government of the Russian Federation” and the law of the Russian Federation on an amendment to the Constitution of the Russian Federation “On changing the term of office of the President of the Russian Federation and the State Duma” (draft No. 124578 -5) were submitted to the State Duma on November 11, 2008, adopted on November 14 in the first reading, on November 19 in the second, on November 21 in the third reading. On November 26, the laws were approved by the Federation Council, received approval from the constituent entities of the Federation within a month, and were signed by the President of the Russian Federation on December 30, 2008 (laws dated December 30, 2008 No. 6-FKZ, No. 7-FKZ). This is despite the fact that the legislative bodies of the constituent entities of the Federation had to quickly make changes to their regulations, supplementing them with a chapter establishing the procedure for considering the law of the Russian Federation on an amendment to the Constitution of the Russian Federation (fortunately, the Administration of the President of the Russian Federation proposed standard regulation to regional parliaments, distributing the corresponding sample chapters of regulations).

Amendments to the Constitution of the Russian Federation concerning the Federation Council also show a high rate of adoption. Project No. 468171-6 was introduced by a group of deputies led by V.V. Zhirinovsky on March 7, 2014, was adopted by the State Duma in the first reading on May 13, in the second reading on May 21, and in the third reading on May 23.

Article 9 of Federal Law No. 33-FZ of March 4, 1998 “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation” provides for a one-year period for consideration by the legislative body of the subject of the Federation of the law of the Russian Federation on an amendment to the Constitution of the Russian Federation (from the date of its adoption). The regulations of the legislative bodies of the constituent entities of the Russian Federation, as a rule, establish a 14-day period (recommended by the Administration of the President of the Russian Federation?) for consideration of a law on an amendment from the day it is received by the legislative body, with the possibility of holding an extraordinary meeting on this issue. Article 136 of the Constitution of the Russian Federation requires a positive decision of at least two thirds of the constituent entities of the Federation.

A qualified majority is also required when adopting laws on amendments in the State Duma and the Federation Council. The provision of Article 136 of the Constitution of the Russian Federation that amendments to Chapters 3 – 8 of the Constitution of the Russian Federation are adopted in the manner prescribed for the adoption of a federal constitutional law means that the requirements of Part 2 of Article 108 of the Constitution of the Russian Federation on the approval of this act by a majority of at least three-quarters of the votes of the total number of members of the Federation Council and at least two-thirds of the votes of the total number of deputies of the State Duma.

Thus, the adoption of amendments to the Constitution of the Russian Federation in 2008 and 2014 demonstrated the complete unanimity of the federal parliament and regional legislative bodies achieved in a short time, the absence of serious disputes, comments, proposals, or broad discussion, despite the fact that the issues posed to legislators were of important strategic importance. meaning.

But some projects of no less important federal laws have been lying in the State Duma for years without moving!

How is the rapid adoption of laws on the amendment consistent with the position of the President of the Russian Federation V.V. Putin, expressed in his Address to the Federal Assembly (dated December 12, 2013): “Modern Russia needs a broad public discussion, with practical results, when public initiatives become part of state policy and society controls their implementation. I believe that all bills, key government decisions, strategic plans should undergo a civil, so-called “zero” reading with the participation of NGOs and other civil society institutions? Or are amendments to the Constitution of the Russian Federation not considered “key government decisions”?

The rapid adoption by the State Duma of amendments to the Constitution of the Russian Federation concerning the Federation Council and the rules of the Duma are not conditional. In the Model program of legislative work of the State Duma of the Federal Assembly of the Russian Federation during the spring session of 2014, in terms of bills subject to priority consideration (approved by Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 14, 2014 No. 3631-6 GD), there are no draft laws on the amendment, concerning the Federation Council, they are not included in the program of legislative work of the Duma committees. This also means that the adoption of amendments to the Constitution of the Russian Federation concerning the formation of the Federation Council was not a long-planned event.

Cui prodest?

The Latin expression "cui prodest?" means “who benefits?” Who benefits from the adoption of an amendment to the Constitution of the Russian Federation, which provides for the appointment of a number of members of the Federation Council by the President of the Russian Federation? It is clear that this can be beneficial, first of all, to the members of the Federation Council themselves, who will be appointed, as well as to the President of the Russian Federation, who will receive additional political resources.

Does the President of the Russian Federation himself, as a potential future senator, need such a law? This possibility cannot be denied, but we must not forget that the President of the Russian Federation has already secured lifelong immunity, “legal, social and other guarantees” by lobbying for the adoption of Federal Law No. 12-FZ of February 12, 2001 “On guarantees to the President of the Russian Federation, who has ceased to exercise his powers, and members of his family.” Despite the fact that this law was adopted for a specific former President, it extends its effect to all former presidents of the Russian Federation. Perhaps the introduction of privileged, almost lifelong members of the Federation Council and guarantees to former Russian presidents can be seen as a trend towards the formation of a kind of higher caste, an untouchable elite.

Noteworthy is the fact that the amendment to the Constitution of the Russian Federation was initially proposed by the leader of the LDPR V.V. Zhirinovsky and they were talking about “senators for life.” Many proposals from V.V. Zhirinovsky has already become accustomed to not being taken seriously. In addition, among the deputies who supported the draft law on the amendment (in accordance with Article 134 of the Constitution of the Russian Federation, a group of at least one-fifth of the State Duma deputies, that is, at least 90 deputies, is required to introduce such a law), according to Rossiyskaya Gazeta (March 12, 2014 ) there are no representatives of the largest faction “United Russia”. That is, formally the authorities (both the party in power and the President of the Russian Federation) distanced themselves from the draft law on the amendment. However, judging by the strong support for the amendment bill in the State Duma, it can be assumed that someone was behind this initiative.

The media started talking about “senators for life” at the end of February 2014, and in March the project was already submitted to the State Duma. The political context is characterized by the end of the Olympics in Sochi, the flight of V.F. Yanukovych and his appearance in Russian Rostov-on-Don, the introduction of a majoritarian-proportional electoral system in elections to the State Duma. Probably someone is afraid of not being re-elected to the State Duma under a mixed system and is preparing a “reserve airfield”. Not without the tacit approval of the President. Why doesn’t the law on the amendment directly state for what special merits one can be appointed to the Federation Council, and the justification for the adoption of the amendment is the naive “there are no representatives of the federal center in the Federation Council”? One way or another, with the first appointments of senators, there will be fewer questions.

Of course, it is still necessary to wait for the law on the amendment to the Constitution of the Russian Federation to come into force, for which it must still be approved by the Federation Council, the legislative bodies of at least two-thirds of the constituent entities of the Federation and signed by the President of the Russian Federation.

The Federation Council, in accordance with Part 2 of Article 95 of the Constitution of the Russian Federation, includes two representatives from each subject of the Russian Federation: one each from the representative and executive bodies of state power.

The procedure for the formation of the Federation Council before August 8, 2000 was determined by Federal Law of December 5, 1995 No. 192-FZ “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation” (Collection of Legislation of the Russian Federation, 1995, No. 50, Art. 4869): Chamber consisted of 178 representatives of the constituent entities of the Russian Federation - heads of legislative (representative) and heads of executive bodies of state power (ex officio). All members of the Federation Council combined their duties in the chamber of the federal parliament with duties in the corresponding constituent entity of the Russian Federation.

On August 8, 2000, the Federal Law of August 5, 2000 No. 113-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” came into force (Collection of Legislation of the Russian Federation, 2000, No. 32, Art. 3336). The chamber included representatives elected by legislative (representative) bodies of state power of the constituent entities of the Russian Federation, or appointed by senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation).

The term of office of such representatives was determined by the term of office of the bodies that elected or appointed them, however, upon the proposal of the Chairman of the Federation Council, the powers of a member of the Federation Council could be terminated early by the body that elected (appointed) him in the same manner in which he was elected (appointed) as a member of the Federation Council . A citizen of the Russian Federation who is at least 30 years old and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies, could be elected (appointed) as a member of the Federation Council.

From January 1, 2011, taking into account the changes in the procedure for forming the Federation Council introduced by Federal Law No. 21-FZ of February 14, 2009, a candidate for election (appointment) as a representative in the Federation Council could be a citizen of the Russian Federation who is a deputy of the legislative (representative) state authority of a constituent entity of the Russian Federation or a deputy of a representative body of a municipal entity located on the territory of a constituent entity of the Russian Federation, whose state authority carries out his election (appointment) as a member of the Federation Council. An elected (appointed) member of the Federation Council is obliged, within the period established by Federal Law, to resign as a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation or as a deputy of a representative body of a municipal entity.

The powers of a member of the Federation Council began on the date of entry into force of the decision on his election (appointment) by the relevant government body of the constituent entity of the Russian Federation. An elected (appointed) member of the Federation Council began to exercise his powers on the tenth day from the date of entry into force of the decision on his election (appointment) by the relevant government body of the constituent entity of the Russian Federation.

Candidates for the election of a representative in the Federation Council from the legislative (representative) body of state power of a constituent entity of the Russian Federation were submitted for consideration of this body by its chairman, and in a bicameral legislative (representative) body - alternately by the chairmen of the chambers. At the same time, a group of deputies numbering at least one third of the total number of deputies could submit alternative candidates. The decision to elect a representative from the legislative (representative) body was made by secret ballot and formalized by a resolution of the said body, and of a bicameral legislative (representative) body - by a joint resolution of both chambers.

The decision of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) to appoint a representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation was formalized by a decree (resolution) of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power subject of the Russian Federation).

On January 1, 2013, Federal Law No. 229-FZ dated December 3, 2012 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” came into force, according to which the powers of a member of the Federation Council are vested in accordance with the legislative (representative) body of state power of the constituent entity of the Russian Federation of the new convocation and newly elected highest official of a subject of the Russian Federation (head of the highest executive body of state power of a subject of the Russian Federation) for the term of office of the specified body of state power of a subject of the Russian Federation.

A candidate for conferring the powers of a member of the Federation Council may be a citizen of the Russian Federation who has reached the age of thirty, has an impeccable reputation and has been permanently residing in the territory of the relevant constituent entity of the Russian Federation for five years preceding the nomination as a candidate for conferring the powers of a member of the Federation Council. In cases specified by law, the requirement for permanent residence on the territory of a constituent entity of the Russian Federation does not apply.

A candidate for vesting the powers of a member of the Federation Council - a representative from the legislative (representative) body of state power of a constituent entity of the Russian Federation can only be a deputy of this body who meets the above requirements.

Candidates for conferring the powers of a member of the Federation Council - a representative from the legislative (representative) body of state power of a subject of the Russian Federation are submitted for consideration of this body by its chairman, faction or group of deputies numbering at least one fifth of the total number of deputies of the legislative (representative) body of state power of the subject of the Russian Federation Federation. The chairman, faction, group of deputies has the right to submit for consideration of the legislative (representative) body of state power of a constituent entity of the Russian Federation no more than one candidate for conferring the powers of a member of the Federation Council.

The decision to confer powers on a member of the Federation Council - a representative from the legislative (representative) body of state power of a subject of the Russian Federation is made by a majority vote of the total number of deputies of this body and is formalized by a resolution of the legislative (representative) body of state power of the subject of the Russian Federation and must be adopted within one month from the date of the first meeting in the competent composition of the legislative (representative) body of state power of a constituent entity of the Russian Federation of a new convocation, including in the event of early termination of powers of this body of the previous convocation.

When holding elections for the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), each candidate for this position submits to the relevant election commission three candidates that meet the requirements and restrictions established by Federal Law, one of which in the event of the election of the candidate who presented it will be vested with the powers of a member of the Federation Council - a representative of the executive body of state power of a constituent entity of the Russian Federation. At the same time, the same candidacy for conferring the powers of a member of the Federation Council - a representative from the executive body of state power of a constituent entity of the Russian Federation cannot be represented by different candidates for the position of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation).

The decision to vest the powers of a member of the Federation Council - a representative from the executive body of state power of a subject of the Russian Federation must be made by the newly elected highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) no later than the next day after the day of his entry into office. job title. This decision is formalized by a corresponding decree (resolution).

The government body of a constituent entity of the Russian Federation that has made a decision to confer powers on a member of the Federation Council, no later than the day following the day the decision comes into force, sends it to the Federation Council and posts it on its official website on the Internet information and telecommunications network.

The powers of a member of the Federation Council begin on the date of entry into force of the decision of the relevant government body of the constituent entity of the Russian Federation on vesting him with the powers of a member of the Federation Council. The powers of a member of the Federation Council are terminated from the date of entry into force of the decision of the relevant government body of a constituent entity of the Russian Federation on conferring powers on a new member of the Federation Council - a representative from the same government body of a constituent entity of the Russian Federation in the manner established by this Federal Law.

The Federation Council is a permanent body. Its meetings are held as needed, but at least twice a month. Meetings of the Federation Council are the main form of work of the chamber. They are held separately from meetings of the State Duma. The chambers may meet jointly to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states. Members of the Federation Council exercise their powers on a permanent basis.

Meetings of the Federation Council are held in Moscow, as a rule, from January 25 to July 15 and from September 16 to December 31, and are open. By decision of the Federation Council, the location of meetings may be changed, and a closed meeting may also be held.

The Federation Council elects from among its members the Chairman of the Federation Council, his first deputy and deputies, who conduct meetings and are in charge of the internal regulations of the chamber. In addition, Chairman of the Federation Council E. S. Stroev, who ceased his powers, was elected honorary Chairman of the Federation Council (this title is for life). E.S. Stroev, as well as the Chairman of the Federation Council of the first convocation V.F. Shumeiko, were allocated special places in the meeting hall of the Federation Council and work premises in the chamber building, were issued special certificates and badges, they were endowed with the right of an advisory vote and some other rights.

The Federation Council forms committees from among the members of the chamber. Committees of the Federation Council are permanent bodies of the chamber.

The Federation Council may create temporary commissions from among the members of the chamber. A temporary commission is created by the Federation Council for a certain period to solve a specific problem. The creation of a temporary commission is coordinated with a committee of the Federation Council, the issues of which include the issue of conducting this temporary commission.

Each member of the Federation Council is required to be a member of one of the committees of the Federation Council. A member of the Federation Council can be a member of only one chamber committee. The Chairman of the Federation Council cannot be a member of a committee of the Federation Council. The First Deputy Chairman of the Federation Council and Deputy Chairman of the Federation Council may be members of one of the committees of the Federation Council. The chamber committee must include at least 11 and no more than 21 members of the Federation Council. The decision to approve the personal composition of the chamber committee is formalized by a resolution of the Federation Council. The Committee of the Federation Council may form subcommittees in the main areas of its activities. A member of a House committee may serve on any subcommittees of that committee.

The Federation Council formed:

Federation Council Committee on Constitutional Legislation, Legal and Judicial Issues, Development of Civil Society;

Federation Council Committee on Federal Structure, Regional Policy, Local Government and Northern Affairs;

Federation Council Committee on Defense and Security;

Federation Council Committee on International Affairs;

Federation Council Committee on Budget and Financial Markets;

Federation Council Committee on Economic Policy;

Federation Council Committee on Agricultural and Food Policy and Environmental Management;

Federation Council Committee on Social Policy;

Federation Council Committee on Science, Education, Culture and Information Policy;

Federation Council Committee on Rules and Organization of Parliamentary Activities.

The decision on the reorganization or liquidation of individual committees or on the formation of new committees is made in the manner established by the Rules of Procedure of the Federation Council.

Committees of the Federation Council carry out their activities on the principles of openness and free discussion of issues. Meetings of the Federation Council committee are usually held openly. A committee of the Federation Council may decide to hold a closed meeting at the proposal of committee members, as well as in cases provided for by federal constitutional laws and federal laws

The procedure for forming the Federation Council of the Russian Federation is determined by the relevant Federal Law. The fundamental principles for the creation of this body are established in the Constitution. Let us next consider who is on the Federation Council. The procedure for formation and powers of this body will also be described in the article.

General information

Federal Assembly, in accordance with Art. 95 of the Constitution, consists of the State Duma and the Federation Council. The First Chamber acts as a representative body of the entire population of the country. The procedure for forming the Federation Council is such that it includes senior officials from each subject. The Federation Council is intended to express regional and local opinions. At the same time, it is also a government body of the entire country (this confirms its formation procedure). The competence of the Federation Council does not extend separately to one or another subject. His expressions of will and decisions are addressed to all of Russia, to the entire state as a whole.

As mentioned above, the Federation Council includes representatives of each subject. Two authorized persons are appointed from the region: one each from the legislative and executive authorities. This creates a structure. The Federation Council, the formation of which provides for a certain scheme for electing representatives, together with the State Duma creates the Accounts Chamber. A citizen of the country who is at least 30 years old can become a member of the Federation Council. In addition, the candidate must have the right to vote.

Appointment of members of the Federation Council

A representative of the legislative body of state power from the subject is elected by the same body for the term of his powers. The candidacy is submitted by the chairman. A group of deputies, the number of which is not less than 1/3 of the total number of members of the legislative body, may make a proposal to consider alternative candidates. The representative of the executive branch of government of the region is appointed by the person holding the highest position in the subject. According to the Law regulating the procedure for forming the Federation Council, the decision of the legislative body to elect a member of the Federation Council is made by secret ballot.

The results are formalized by an appropriate resolution. When nominated from a bicameral legislature, the corresponding normative act is adopted from both chambers. The decision made by the highest official on the appointment of a member of the Federation Council is formalized by a Decree. As the law establishing the procedure for forming the Federation Council states, the document comes into force if, at an extraordinary or scheduled meeting of the legislative body, 2/3 of the total number of deputies does not vote against the candidate. The adopted executive decree must be sent for consideration within three days. According to the law defining the procedure for forming the Federation Council, decisions on the appointment of members are sent to the Federation Council within 5 days from their entry into force.

Objectives of the Northern Fleet

The competence of the Federation Council includes consideration of issues relating to:

• approval of changes in borders between regions of Russia;
• calling elections for the President of the country;
• approval of the decree of the head of state on the introduction of wartime or a state of emergency;
• removal of the President of the country from his position;
• appointment of judges of the Supreme and Constitutional, Arbitration (High) courts;
• approval of the candidacy and removal from the post of Prosecutor General;
• appointment and dismissal of the deputy chairman of the Accounts Chamber and 50% of its auditors.

Additional powers

The Federation Council appoints authorized persons of the CIS Economic Court. Acceptance of candidates is carried out in the manner prescribed for the formation of the judicial composition of the Supreme Arbitration Court. According to Art. 12 of the Federal Law, which establishes for Russian citizens the basic guarantees of the right to vote and the opportunity to participate in a referendum, the Federation Council can consider the President’s proposals and prepare conclusions on the recall or appointment of diplomatic representatives. representatives of the country in international organizations and other states.

Activities of the Northern Federation

The functioning of the Federation Council is established by the Constitution, relevant Federal Laws, Regulations and decisions adopted by the Federation Council. The highest person in the body is the Chairman. He is elected from the Federation Council. The vice-chairmen are in charge of the internal regulations of the chamber. They also hold meetings of the Federation Council. The Federation Council creates commissions and committees and holds hearings concerning issues of its activities. The formation of parliamentary associations and factions is prohibited in the Federation Council. Meetings of the Federation Council are held in Moscow. In order to ensure collegial and prompt consideration of urgent issues related to the activities of the Federation Council and its functioning, the Council of the Chamber is created. It acts as a permanent collegial body. It consists of the Chairman of the Federation Council, deputies, heads of commissions, including the department for parliamentary procedures and regulations, and committees.

Features of the Federation Council meetings

Hearings are held from September 16th to July 15th. The meeting is considered valid if more than half of the total number of members, which is 178 people, have attended. The primary issues to consider are:

Mandatory questions

Their list is established by Art. 106 of the Constitution. Issues that must be considered include the Federal Laws adopted by the State Duma regarding:

1. Federal fees and taxes.
2. Customs, credit, currency, financial regulation and money issue.
3. Federal budget.
4. Protection and status of the Russian state border.
5. Peace and war.

In practice, most of the laws adopted by the State Duma are considered at the meetings of the Federation Council. According to Art. 105, part 4 of the Constitution, the Federal Law is considered approved if more than half of the total number of members voted for it or it was not considered within 14 days. If a law is rejected, the chambers have the right to form a conciliation commission in order to overcome disagreements that arose during the discussion. After this, the Federal Law is reconsidered by the State Duma. The adopted Federal Laws are sent by the President within 5 days for signing and subsequent promulgation.

Legislative initiative

The Federation Council has quite broad capabilities. Thus, the body has the right to submit to the State Duma draft federal laws or constitutional provisions, proposals for revision and amendments to the latter. In this case, it is also worth considering that regional representative bodies have a similar opportunity. Of the 723 subjects vested with the right of legislative initiative, more than 1/3 represent the interests of territorial units of Russia at the federal level. Such representation is extremely rare in world practice. Another manifestation of legislative initiative is the ability to amend the text of the draft Federal Law during its consideration by the State Duma.

In accordance with Part 2 of Article 95 of the Constitution of the Russian Federation, the Federation Council of the Federal Assembly includes two representatives from each subject of the Russian Federation: one each from the legislative (representative) and executive bodies of state power. Currently, there are 166 members of the Federation Council in the upper house of parliament.

During the activity of the upper chamber, the principles of its formation changed several times. Initially, the Federation Council was formed on an elective basis. The transitional provisions of the 1993 Constitution of the Russian Federation indicated that its first composition was elected for two years by citizens according to a majoritarian system - two representatives from each subject. The first convocation, elected on December 12, 1993, consisted of 175 deputies.

On December 5, 1995, a law was adopted, according to which governors and chairmen of legislative assemblies of constituent entities of the Russian Federation became members of the Federation Council.

On August 8, 2000, the Federal Law of August 5, 2000 on the procedure for forming the Federation Council came into force. The chamber began to include two representatives from each subject, elected by the legislative bodies of state power of the constituent entities of the Russian Federation, or appointed by the highest officials of the constituent entities. The term of office of such representatives was determined by the term of office of the bodies that elected or appointed them, however, upon the proposal of the chairman of the Federation Council, the powers of a senator could be terminated early by the body that elected him.

From January 1, 2011, taking into account changes in the procedure for forming the Federation Council introduced by the Federal Law of February 14, 2009, a candidate for election (appointment) as a representative in the Federation Council could be a citizen of the Russian Federation who is a deputy of the legislative body of state power of a constituent entity of Russia or a deputy of a representative body of a municipal education.

On January 1, 2013, the Federal Law of December 3, 2012 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” came into force. According to the document, the conferment of powers on a member of the Federation Council is carried out accordingly by the legislative body of state power of the subject of the new convocation and by the newly elected highest official of the subject for the term of office of the said body.

A candidate for vesting the powers of a member of the Federation Council may be a citizen of Russia who has reached the age of 30 years and has permanently resided in the territory of the corresponding constituent entity of the Russian Federation for 5 years prior to nomination as a candidate. The so-called “residence qualification” does not apply to federal parliamentarians, persons holding government positions or positions in the state civil service of the relevant constituent entity of the Russian Federation. In addition, the law introduces a requirement for a candidate for the position of senator to be “impeccable reputation.” In this regard, in particular, a number of conditions have been established that prevent a candidate from being vested with the powers of a member of the Federation Council - the presence of an unexpunged or outstanding conviction for serious, especially serious crimes and extremism, as well as bringing a person to administrative responsibility for propaganda and public demonstration of Nazi symbols and dissemination of extremist materials .

Only a deputy of the regional legislative assembly can become a representative in the Federation Council from the legislative body of state power of a constituent entity of the Russian Federation. The decision to grant powers to a member of the Federation Council is made by a majority vote of the total number of deputies of the local parliament.

As for the representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation, a candidate for governor during his election campaign simultaneously represents three candidates for the post of senator. If he wins, he will subsequently be able to delegate one of them to the upper house. /TASS-DOSSIER/

The Federation Council is the upper house of the Russian Federation parliament. The Federation Council includes 2 representatives from each subject of the Russian Federation: one each from the representative and executive bodies of state power.

The procedure for forming the Federation Council is enshrined in the Constitution and in the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation.”

Can be elected as a member of the Federation Council(appointed) a citizen of the Russian Federation who does not have citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, who has reached the age of 30 years, who has lived at least 10 years in total on the territory of a constituent entity of the Russian Federation, by a state body whose authority carries out his election (appointment) as a member of the Federation Council, and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies.

I. Member of the Federation Council - representative from a unicameral legislative (representative) body of state power of a constituent entity of the Russian Federation elected by the legislative (representative) body of state power of a constituent entity of the Russian Federation for the term of office of this body, and when the legislative (representative) body of a constituent entity of the Russian Federation is formed by rotation - for the term of office of the once elected deputies of this body.

A member of the Federation Council is a representative from a bicameral legislative (representative) body of state power of a constituent entity of the Russian Federation, elected alternately from each chamber for half the term of office of the corresponding chamber.

IN bicameral legislative (representative) body of state power of a constituent entity of the Russian Federation, the candidacy (candidatures) for the election of a representative to the Federation Council is (are) submitted for consideration by this body alternately by the chairmen of the chambers.

A group of deputies numbering at least 1/3 of the total number of deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation may submit for consideration an alternative candidacy (candidates) for electing a representative to the Federation Council. Decision of the legislative (representative) body of state power of a subject of the Russian Federation on the election of a representative in the Federation Council from the legislative (representative) body of state power of a subject of the Russian Federation adopted by secret ballot and formalized by resolution the specified body, and a bicameral legislative (representative) body of state power of a subject of the Russian Federation - by joint resolution

both chambers. II. Representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation

appointed by the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) for the term of his powers, no later than three months from the date of assumption of office by the highest official of a constituent entity of the Russian Federation. formalized by decree(resolution) of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation). The decree (resolution) is sent to the legislative (representative) body of state power of the subject of the Russian Federation within 3 days, the legislative body considers this decree and it comes into force if at the next or extraordinary meeting of the legislative (representative) body of state power of the subject of the Russian Federation 2/3 of the total number of it deputies will not vote against the appointment of this representative to the Federation Council from the executive body of state power of the constituent entity of the Russian Federation.

The government body of the subject of the Russian Federation that made the decision to elect (appoint) a member of the Federation Council, no later than the next day after the day the decision entered into force, notifies the Federation Council by telegram about the contents of the decision and the date of its entry into force and no later than 5 days from the date of entry into force of the decision in force sends him to the Federation Council.

An elected (appointed) member of the Federation Council, within five days from the date of entry into force of the decision on his election (appointment), sends to the Federation Council a copy of the order (other document) on release from duties incompatible with the status of a member of the Federation Council, or a copy of a document certifying that he within three days, an application for exemption from such duties was submitted.

The powers of a member of the Federation Council begin from the day the Federation Council makes a decision to confirm the powers of this member of the Federation Council. The powers of a member of the Federation Council are terminated from the day the Federation Council makes a decision to confirm the powers of a new member of the Federation Council - a representative from the same government body of a constituent entity of the Russian Federation.

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 Federation Council adopts resolutions on issues within its jurisdiction by the Constitution of the Russian Federation.

Resolutions of the Federation Council are adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.