Structure of the upper house. Legislative bodies of the constituent entities of the Russian Federation

In the constitution Russian Federation completely different terminology is used in relation to legislative and executive bodies government controlled, but nevertheless the function they perform remains unchanged. In Part 3 of Art. 66 the term "legislative body" is used autonomous region, Autonomous Okrug", in Article 77, in Part 2 of Article 95 and Part 2 of Article 97 - "representative body state power"And finally, in v. 125, when we're talking about on the right to request the Constitutional Court of the Russian Federation to give an interpretation of the Constitution of the Russian Federation, the term “bodies” is introduced legislative branch subjects of the Russian Federation." It is also used in Article 136, which refers to the approval of amendments to Chapters III - VIII of the Constitution of the Russian Federation. In Part 2 of Article 66 they are called legislative (representative) bodies. A similar term is used in Article 104, where the subjects of the right of legislative initiative are listed, and in Article 134, which names the subjects who have the right to make proposals for amendments and revisions of the provisions of the Constitution of the Russian Federation.

In the Russian Federation, legislative power is represented by the bicameral Federal Assembly, which includes the State Duma and the Federation Council, and in the regions by legislative assemblies (parliaments).

The laws clearly state that the legislative body is the only permanent and supreme governing body of the Russian Federation. Its name is established taking into account the national, historical and other traditions of the constituent entities of the Russian Federation.

The legislative and representative body is the parliament. Its structure is heterogeneous and consists of several organs:

• -consists of two chambers - the Federation Council and the State Duma
• -is a permanent body
• -The Federation Council and the State Duma meet separately
• - meetings of the chambers are open (in in some cases closed meetings are held)
• -chambers can hold joint meetings to hear messages from the President, the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states
• -members of the Federation Council and State deputies. Dumas have immunity during their term of office (they cannot be detained, arrested, or searched, except in cases of arrest at the scene of a crime.

Unicameral parliaments are elected by secret ballot and operate for no more than 4 years.

On the territory of the Russian Federation, only legislative bodies whose functionality is to change, establish and modify legislative acts have the right to make adjustments to the current legislation. In part. 2 tbsp. 5 of the Constitution of the Russian Federation establishes that on the territory federal significance- region, city, autonomous region, a city of federal significance, have the right to make their own changes to the current legislation, legislative bodies local government.

The main powers of the state authorities of the constituent entities of the Russian Federation are established by federal law and, in accordance with its regulations, the constituent entities of the Russian Federation have the right to make their own adjustments and regulations to the current legislation. The federal law does not prohibit making changes to the Constitution of the Russian Federation and its charters, implementing legislative regulation on subjects of jurisdiction of the subject of the Russian Federation and subjects joint management of the Russian Federation and its subjects within the limits of their powers. Also, subjects of the Russian Federation have the right to regulate current legislation and exercise other powers (in accordance with the amendment of October 6, 1999).

Legislative bodies of the constituent entities of the Russian Federation perform the following functions:

• 1) Adoption by the subjects of the Russian Federation of laws and legislative acts that regulated the relationship between citizens living on the territory of the Russian Federation, subject to their fulfillment of certain obligations, as well as those considering their rights.
• 2) Adoption of laws by subjects of the Russian Federation that regulate municipal activities, public bodies and associations of the relevant constituent entities of the Russian Federation and citizens living on their territory;
• 3) The priority function of the laws that are issued by the legislative bodies of local self-government of the constituent entities of the Russian Federation highlights their main position before the authorities executive power. Special meaning at the same time, it has the implementation of socio-economic programs related to the economic prosperity of the subject and issues related to the approval or appointment of heads of executive bodies. But nevertheless, the legislative bodies take upon themselves definitely actual pressure on the part of executive authorities, when the latter introduces draft legal acts relating to social - economic development and budgets, as well as in other cases when they exercise the right to legislative initiative. The independent position of the legislative authorities cannot be considered absolute. The legislative and executive bodies, in fact, specific goals and tasks, so they should not be opposed to each other.
• 4) The determining basis of the legislative power is the establishment of very clear guidelines and laws for regulation certain standards and rules in force on the territory of the constituent entities of the Russian Federation.
• 5) The functional activities of legislative and executive bodies are limited to their territory and do not extend to other constituent entities of the Russian Federation.
• 6) The functional activity of the legislative bodies of the constituent entities of the Russian Federation depends on the administrative apparatus, its analytical structure and the correctness of making adjustments to the current legislation in accordance with current circumstances.
• 7) Functional activity legislative divisions directly depends on the qualifications of personnel and their professionalism, so it is worth paying attention Special attention professional training.
• 8) The functional activity of legislative bodies is determined in the public regulation of laws and normative legal acts before voters. An example is the dissolution of parliament.

According to the law of the subject of the Russian Federation:

• 1) The basics of organization and activity are established legislature subjects of the Russian Federation, in accordance with the Constitution of the subject of the Russian Federation.
• 2) The budget of the subject of the Russian Federation and the report on its execution, submitted by the highest official of the subject of the Russian Federation, are approved, and if specified position is not established, then the head of the highest executive body of state power of a constituent entity of the Russian Federation.
• 3) The procedure for holding elections to local self-government bodies on the territory of the constituent entities of the Russian Federation is established, within the powers of the legislative body of state power of a constituent entity of the Russian Federation, and the procedure for the activities of local self-government bodies is determined.
• 4) Programs for the socio-economic development of the constituent entity of the Russian Federation, submitted by the highest official of the constituent entity of the Russian Federation, are approved.
• 5) According to the federal law under the jurisdiction of the constituent entities of the Russian Federation, taxes and fees are established, as well as the procedure for their collection.
• 6) The procedure for the formation and operation of extra-budgetary and foreign exchange funds of a constituent entity of the Russian Federation is established, and reports on the expenditure of their funds are approved.
• 7) According to the legislation in force on the territory of the constituent entities of the Russian Federation, the procedure for managing and disposing of the property of the constituent entity of the Russian Federation, including shares (shares, shares) of the constituent entity of the Russian Federation in the capital is established business entities, partnerships and enterprises of other organizational and legal forms.
• 8) The management scheme of the subject of the Russian Federation is approved, the structure of its highest executive body of state power is determined.
• 9) According to the legislation in force on the territory of the constituent entities of the Russian Federation, the procedure for calling and holding a referendum of the constituent entity of the Russian Federation is established.
• 10) According to the legislation in force on the territory of the constituent entities of the Russian Federation, the procedure for holding elections to the legislative body of state power of the constituent entity of the Russian Federation, as well as elections of the highest official of the constituent entity of the Russian Federation, is established.
• 11) The administrative-territorial structure of the subject of the Russian Federation and the procedure for changing it are established;
• 12) According to the legislation in force on the territory of the constituent entities of the Russian Federation, the conclusion and termination of contracts of the constituent entities of the Russian Federation are approved. A.V., Postnikov A.E. Legislative bodies of the constituent entities of the Russian Federation: Legal issues formation, competence and organization of work. M., 2001. P. 68; Surkov D. L.

The right to change and adjust laws for the constituent entities of the Russian Federation, as well as legislative initiative, primarily belongs to deputies. Deputies are elected by popular vote, reside on the territory of the subject and are also citizens of the Russian Federation. A citizen of the Russian Federation who, in accordance with federal law, the constitution (charter) and (or) the law of a subject of the Russian Federation, has passive voting rights, can be elected as a deputy. Elections are held on the basis of universal equality and direct voting rights by secret ballot. During his term of office, a deputy cannot be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a judge, or hold other positions. government positions of the Russian Federation, government positions in the federal civil service, other government positions in a constituent entity of the Russian Federation or government positions in the civil service in a constituent entity of the Russian Federation.

The number of deputies is established in accordance with current legislation. The term for which a deputy is elected cannot exceed 5 years until the next re-election. A legislative body can be considered competent if it includes at least two-thirds of the established number of deputies.

The right to legislative initiative also belongs to representative bodies of local self-government. The Constitution (charter) of a constituent entity of the Russian Federation may grant the right of legislative initiative to other bodies, public associations, as well as citizens living in the territory of this constituent entity of the Russian Federation.

The powers of the legislature, or representative body may be terminated if the body was dissolved by a court decision or termination of its work by a senior official.

The legislative body adopts the constitution (charter) and amendments to it, laws of the subject of the Russian Federation, carries out legislative regulation on the subjects of jurisdiction of the subject of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation within the powers of the subject of the Russian Federation, and exercises other powers.

In accordance with the decision of the legislative bodies, the procedure for collecting and the amount of taxes that go to the development of state, municipal, regional, or federal budget, and are subsequently spent on the social needs of citizens of the Russian Federation, the procedure for managing and disposing of the property of a constituent entity of the Russian Federation is established, the procedure for holding elections to the legislative body of a constituent entity of the Russian Federation, as well as elections of the highest official, is established, the management scheme of a constituent entity of the Russian Federation is approved, the structure of the highest executive body is determined and etc. All main issues of the organization and activities of the legislative bodies of the constituent entities of the Russian Federation are regulated in charters and laws.

Most of the legislative bodies of the subjects of the Russian Federation under consideration are unicameral. However, there are also bicameral ones (Sverdlovsk region), and elections to one chamber are held on the basis of proportional representation, and to the other - on the basis majoritarian system relative majority.

Federation Council and State. The Duma elects chairmen and their deputies from among its members, forms committees and commissions, and holds parliamentary hearings on issues within its jurisdiction. Each chamber adopts its own regulations and decides on internal regulations for its activities. To monitor the execution of the federal budget, the Federation Council and the State. The Duma forms the Accounts Chamber of the Russian Federation, the composition and procedures of which are determined by the Federal Law “On the Accounts Chamber of the Russian Federation” (1995).

Members of the Federation Council and State Deputies. Dumas have immunity during the entire term of their powers: they cannot be detained, arrested, searched (except in cases of detention at the scene of a crime), or subjected to personal search, except in cases where this is provided for by federal law to ensure the safety of other people. The issue of depriving them of immunity is decided upon the submission of Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly.

The jurisdiction of the Federation Council includes: approval of changes in borders between constituent entities of the Russian Federation; approval of decrees of the President of the Russian Federation on the introduction of military or state of emergency; resolving questions about the possibility of using Armed Forces Russian Federation outside the territory of the Russian Federation; calling elections for the President of the Russian Federation; removal of the President of the Russian Federation from office; appointment of judges Constitutional Court RF, Supreme Court RF, Higher arbitration court RF; appointment and dismissal of the Prosecutor General of the Russian Federation, Deputy Chairman Accounts Chamber RF and half of its auditors. The Federation Council adopts resolutions on issues within its jurisdiction by the Constitution of the Russian Federation by a majority vote of total number members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.

The State Duma - the lower house of parliament - represents the entire population of the Russian Federation. It consists of 450 deputies elected for 4 years (the State Duma of the first convocation was elected in 1993 in accordance with the final and transitional provisions Constitution for 2 years). Half of the deputies of the State. Duma is elected on the basis of a majoritarian system of relative majority in single-mandate constituencies (one deputy is elected from one constituency, receiving greatest number valid votes cast in the district). Elections are considered valid if at least 25% of registered voters took part in them. Nomination of candidates for single-mandate constituencies is carried out by self-nomination or electoral associations(by parties, electoral blocs, which include at least one party). A candidate is registered if at least 1% of the signatures of voters in a given district are collected in his support. The second half of the State deputies. The Duma is elected on the basis of a system of proportional representation in a federal electoral district. In this case, candidates are nominated by duly registered federal parties or blocs. To register a federal list of a party or movement, this list must be supported by at least 200 thousand voters (no more than 14 thousand voters of one constituent entity of the Russian Federation). Parties and movements that received less than 5% of the valid votes during the elections (“barrier”), from the distribution parliamentary mandates are excluded, i.e. their candidates do not occupy parliamentary seats. Parties and movements whose lists received at least 5% of the valid votes received a number of seats proportional to the number of voters for the list. In accordance with this procedure for electing deputies, parties and movements that have entered the State Duma form their own factions or deputy groups in it (depending on the number of mandates received and the number of mandates required by the regulations to create a faction).

In State Duma, elected in 2003, formed 4 factions (“ United Russia", Communist Party of the Russian Federation, Liberal Democratic Party, "Rodina"). Deputies elected in single-mandate constituencies can form factions and deputy groups and join them, subject to the same requirements. State Duma deputies work professionally permanent basis; they cannot be on public service, engage in other paid activities, except teaching, scientific and other creative activity Kozlova E.I., Kutafin O.E. Constitutional law Russia: Textbook., M., “Yurist”, 2003..

Legislative (representative) power is state power delegated by the people to their representatives, exercised collegiately through the issuance of legislative acts, as well as monitoring and control over the apparatus of the executive power, mainly in financial sector.

As can be seen from the definition, legislative bodies are formed by electing them by the population of the country, act on its behalf and are responsible to it.

The legislative branch, based on the principle of separation of powers, is the most important, and its bodies occupy a dominant position in the mechanism of the state. It establishes generally binding requirements that the executive branch must implement and which serve legislative basis for the activities of the judiciary.

A national representative body may have different names (in Russia - Federal Assembly, in Spain - the Cortes, in Poland - the Diet, in Denmark - the Folketing, the Althing - in Iceland, the Congress - in the USA, in Sweden - the Riksdag, and so on), but the generalized name “parliament” (fr. .par1er - “to speak”).

The modern parliament is supreme body of popular representation, expressing the sovereign will of the people, designed to regulate the most important public relations mainly through the adoption of laws exercising control over the activities of executive authorities and senior officials.

Parliament, as a rule, includes two chambers: upper and lower. However, there are also unicameral parliaments, which are mostly formed in states with homogeneous national composition population or small in territory (Denmark, Finland, Poland).

Highlighting special role parliaments in political life society and the state, the constitutions of some states specifically indicate not only that “the parliament is the highest body of state power,” but also that it is “the only legislative body of the state” (Article 41 of the Japanese Constitution of 1947). Alekseev S.S. State and law. Moscow, 2006, page 72

For the same purposes, the constitutions of other states pay attention to the nature of the norms or rules that should be contained in the laws adopted by parliament. For example, the Constitution French Republic 1958 provides that laws may make rules regarding “ civil rights and basic guarantees provided to citizens for use public freedoms; responsibilities imposed national defense personally on citizens and on their property"; “citizenship, status and legal capacity of persons family relations, inheritance and donation"; “definitions of crimes and offenses, as well as the penalties imposed for them; criminal proceedings; amnesty; creating new judicial rulings and status of judges”, etc. (Article 34). Alekseev S.S. State and law. Moscow, 2006, page 85

Concentrating in yourself legislative functions, parliament often transfers some of them to other bodies under its control. The resulting system of acts is called delegated legislation.

Of course, an ideal, strictly constitutional situation would be considered to be one in which legislative power remained the exclusive privilege of legislators directly accountable to the voters. This would be fair for anyone modern state. However, in life everything is far from being like that.

The State Duma and Federation Council of Russia, the US Congress, the Parliament of England, the National Assembly and the Senate of France, as well as the highest representative bodies of other states, are often forced due to the most various reasons, including the periodic overload of these bodies with law-making work, entrust the preparation and adoption of certain bills to the government, ministries and departments.

For example, in Great Britain, the powers to issue legal acts are vested by Parliament in ministers of the Crown, bodies local government, independent corporations, Church of England, private companies, Commission and Council European Union. Each of these bodies and each of these organizations may adopt, amend or cancel legal acts not otherwise than with the sanction and commission or permission of Parliament. In this way, the “sovereignty” of the highest representative body in the legal field is preserved and supported.

It should be noted that, despite the monopoly position in the field of lawmaking, the highest representative body, especially in parliamentary countries, is subject to quite strong influence from the government. Sometimes it concentrates in its hands all or almost all legislative initiative and has a huge influence on all areas of parliamentary activity.

As for presidential republics, their parliament is often more independent in formal legal terms. As a rule, it cannot be dissolved by the president. Legislative initiative belongs primarily to the deputies. However, even in this case, the executive branch, represented by the president, has many ways of influencing parliament.

For example, according to the US Constitution, the President has the right of veto over acts passed by Congress. He may take the initiative to convene its special sessions. The President periodically submits to Congress "information concerning the state of the Union and proposes to its discretion such measures as he may consider necessary and useful." He has the right "with the advice and consent" of the upper house - the Senate to conclude international treaties subject to their approval by 2/3 of the senators present; “with the advice and consent” of the Senate to appoint ambassadors and other plenipotentiaries, consuls, judges of the Supreme Court, and “all other officers of the United States” (Section 2, Art. II).

According to the Constitution of the Russian Federation, the Federal Assembly is the parliament of the Russian Federation. Let us note the main points of the status of this body.

The Federal Assembly is the representative and legislative body of the Russian Federation, Article 94 of the Constitution of the Russian Federation. This establishes that the form of the state is representative, i.e. electorally mediated parliamentary democracy. The Federal Assembly is also characterized as the legislative body of the Russian Federation. This transfer of legislative power to parliament implements the principle popular sovereignty as the basis of law and order.

Recognition of the Federal Assembly as legislative power means at the same time that not a single law of the Russian Federation can be issued unless it is considered and approved by parliament, and parliament itself has full and unrestricted competence in the field of law within the framework of the powers of the Russian Federation and its Constitution. legislation.

The Federal Assembly consists of two chambers - the Federation Council and the State Duma. Art. 95 of the Constitution of the Russian Federation The bicameral structure of parliament has become widespread in the world due to at least two of its advantages:

• a) the possibility of ensuring, along with general representation of the interests of the entire population of citizens (the entire nation), also special representation collective interests population of large regions (in federal state- subjects of the federation) or the interests of other groups of society that play an important role in it;
• b) opportunities to optimize legislative process, installing a brake and a counterweight to the likely hasty and insufficiently thought out legislative decisions one chamber.

Conclusions: Thus, the legislative power is the power in the field of legislation. In states where there is separation of powers, legislative power belongs to a separate government agency involved in the development of legislation. The functions of the legislature also include approving the government, approving changes in taxation, approving the country's budget, ratifying international agreements and treaties, declaration of war. The general name of the legislative body is parliament.

state legislative court constitutional

Introduction

2.3. The State Duma Conclusion Bibliography The relevance of research. Legislative bodies are a permanent form of exercise by the people of their power. They personify the democratic principles of the state and act as guarantors of democracy.” Legislative bodies determine the content of legislation and actively influence the practice of its application. Their activities, of course, affect the level of well-being of both the country’s population as a whole and residents of individual regions, as well as the state of protection

public order

The object of the work is social relations that develop in the process of formation and activity of legislative bodies operating in the Russian Federation.

The subject of the study is the doctrine of legislative bodies as an institution of constitutional law, as well as a set of normative legal acts regulating the procedure for the formation and activities of legislative bodies.

The purpose of the study is to analyze the activities of the legislative bodies of state power of the Russian Federation.

Research objectives:

Analyze the features of the functioning of the legislative branch;

Consider parliament as the highest legislative body in the world;

Study the types of legislative bodies of the Russian Federation.

The methodological basis of the research is historical-legal, logical, system-structural methods.

The theoretical basis of the work consists of scientific works of domestic and foreign scientists in the field of theory of state and law, government scientists and political scientists, concepts of legislative acts regulating the activities of public authorities.

1. Theoretical aspects of the activities of legislative bodies

1.1. Features of the functioning of the legislative branch

The activities of any state are implemented through the system of its state bodies.

The following features are characteristic of a government body:

1) the procedure for the creation and operation of a state body, its competence, and internal organization are established by the state in legal norms;

2) the state body has power. State power is characterized by the fact that, firstly, a state body is endowed with the right to make decisions that are binding on all citizens and legal entities covered by the competence of this state body; secondly, the state body ensures the organization of the execution of decisions made, while relying on the material base (state budget funds); thirdly, the state body takes measures to protect the decisions made by using various methods and measures of persuasion, encouragement, and state coercion;

3) the state body carries out the tasks and functions assigned to it by the state;

4) the state body is an organizationally separate part of the system of public authorities. 1

A government body is a legally constituted, organizationally separate, operating in established by the state orderly part of the system of public authorities, endowed with state powers and the necessary material resources to carry out the tasks and functions assigned by the state.

Legislative (representative) power is state power delegated by the people to their representatives, exercised collegiately through the issuance of legislative acts, as well as monitoring and control over the apparatus of the executive branch, mainly in the financial sphere. 2

As can be seen from the definition, legislative bodies are formed by electing them by the population of the country, act on its behalf and are responsible to it.

The legislative branch, based on the principle of separation of powers, is the most important, and its bodies occupy a dominant position in the mechanism of the state. It establishes generally binding requirements that the executive branch must implement and which serve as the legislative basis for the activities of the judicial branch.

A nationwide representative body may have different names (in Russia - the Federal Assembly, in Spain - the Cortes, in Poland - the Sejm, in Denmark - the Folketing, the Althing - in Iceland, the Congress - in the USA, in Sweden - the Riksdag and so on), but the generalized name “parliament” was established behind it.

Modern parliament is the highest body of popular representation, expressing the sovereign will of the people, designed to regulate the most important social relations mainly through the adoption of laws, exercising control over the activities of executive authorities and senior officials.

Parliament, as a rule, includes two chambers: upper and lower. However, there are also unicameral parliaments, which are mostly formed in states with a homogeneous national composition of the population or small in territory (Denmark, Finland, Poland).

Parliament is usually understood as a unicameral representative institution or the lower house of a bicameral parliament, although from a legal position this concept is much more complex.

Parliament is led by a chairman who represents parliament in relations with other bodies, leads debates, voting, coordinates work within parliamentary bodies, etc.

The bicameral structure of parliament prevents the lower house from making hasty decisions. As a rule, the term of office of the upper house is longer than that of the lower house, its deputies have a higher age limit, it is renewed less frequently and is formed on the basis of indirect (indirect) elections. In most countries, only lower houses are subject to early dissolution.

The houses of parliament have different names, so for general purposes they are usually called the upper and lower. At the same time, the lower house consists of deputies elected by the population, and the upper house consists of representatives of the constituent entities of the federation. The upper, as a rule, has less powers than the lower. It can be either “weak”, when it is not able to prevent it, but only delay the adoption of a decision by the lower house of parliament, since its veto can be overridden by the latter, or “strong”, when without its decision the law cannot be adopted. 3

Under parliaments and each chamber, permanent, temporary and mixed committees and commissions are formed and operate, which carry out their activities in various areas: fiscal policy, international affairs, healthcare, social policy, crime control, national defense, etc. They may have the right of legislative initiative, control over the government and the public administration apparatus.

The procedure for the work of parliament, like other higher state bodies, is determined by its regulations, which also set out the main stages of the legislative process: legislative initiative, discussion of the bill at plenary sessions and in commissions, adoption, approval and publication.

The main purpose of the legislature is to make laws. However, this is not its only goal. An equally important function of the legislative branch is financial, which is exercised in the right to annually approve the state budget of the country, as well as set taxes.

In area foreign policy Parliament ratifies (approves) international treaties or gives consent to the president for their ratification (during ratification, amendments cannot be made to the treaty, you can only approve it as a whole or refuse to do so), decides on the use of armed forces outside the country, as well as on impeachment the president, i.e. removing him from office, makes a decision to bring ministers to trial, etc. He is vested with the right to decide issues related to the fundamentals of the legal status of a group of persons: only he can declare an amnesty.

There are also a number of “administrative” functions associated with the formation of senior executive and judiciary, as well as their exercise of control over the work of the government and other executive officials.

Parliament exercises control over the executive power through a variety of methods. He participates in the appointment of various officials and executive authorities. Parliament, if this is within its competence, appoints the head of state (in parliamentary republics).

Depending on the form of government, parliament in varying degrees can influence the structure, personnel and nature of the government by participating in the procedure for appointing its head and the government itself.

In parliamentary republics, heads of government and members of the cabinet are appointed by parliament and are responsible to it. The government forms a parliamentary majority and the leader of the party that wins the most votes becomes the head of government, who then submits candidates for government membership to parliament for approval.

In states with classical presidential rule, as is known, the powers of the head of state and the head of government are combined in one person, and parliament takes only indirect participation in their election. 4

Parliamentary control is designed to ensure that the legislative branch is aware of government policy, promotes its public utility through constitutional means and effectively guarantees the free development of the individual.

In addition to parliament, local authorities and self-government bodies are legislative bodies. They, as a rule, are representative in nature and operate within the relevant administrative-territorial units ( municipal councils, prefectural assemblies, national councils, municipal councils). Local representative bodies are elected directly by the population administratively territorial units. They have jurisdiction, within the limits established by law, of local enterprises, local budget, issues of local improvement, transport, water supply, consumer services, public education, healthcare, maintaining law and order, civil defense, fire safety, etc. Russian Federation Problems Abstract >> Political Science

Executive structure organs state authorities subjects Russian Federation: problems and... organizations legislative and executive organs state authorities subjects of the Russian Federation" ... jurisdiction determines which view organs in charge of affairs (...

Legislative authorities - this is the Federal Assembly of the Russian Federation, people's assemblies, state assemblies, supreme councils, legislative assemblies of republics within the Russian FederationFederations; Dumas, legislative assemblies, regional assembliesand other legislative bodies of power of territories, regions, cities of federal significance, autonomous regions and autonomous districts.The main feature of these bodies is that they are elected directly by the people and in no other waycan't fight . Taken together, they constitute a system of representative bodies of state power of the Russian Federation.

As legislative bodies, representative bodies of state power express the state will of the multinational people of the Russian Federation and give it a generally binding character. They make decisions embodied in relevant acts, take measures to implement their decisions and monitor their implementation. Decisions of legislative bodies are binding on all other bodies at the appropriate level, as well as all lower-level government bodies and local government bodies.

Legislative authorities are divided on federal And regional (subjects of the Federation). The federal legislative and representative body of the Russian Federation is the Federal Assembly of the Russian Federation. This is a national, all-Russian government body operating throughout Russia. All other legislative bodies functioning on the territory of the Russian Federation are regional, operating within the corresponding subject of the Federation.

Federal Assembly of the Russian Federation

According to the Constitution of the Russian Federation (Article 94), the Federal Assembly is the parliament of the Russian Federation.

In Art. 94 of the Constitution of the Russian Federation states that the Federal Assembly - representative body Russian Federation. This establishes that the form of the state is representative, that is, parliamentary democracy mediated by elections, in which the formation of the political will of the people is entrusted to the people's representation, which independently makes the most responsible decisions.

In Art. 94 of the Constitution of the Russian Federation, the Federal Assembly is also characterized as the legislative body of the Russian Federation. The transfer of legislative power to parliament implements the principle of popular sovereignty as the basis of the rule of law.

Recognition of the Federal Assembly as legislative power means at the same time that not a single law of the Russian Federation can be issued unless it is considered and approved by parliament, and parliament itself has full and unrestricted competence in the field of law within the framework of the powers of the Russian Federation and its Constitution. legislation.

Being a legislative body, the Federal Assembly also performs some rather limited control functions and those of the executive branch. Control is exercised through the federal budget adopted by the State Duma, as well as through the use of the right to refuse confidence in the Government, which in this case can be dismissed by the President.

According to Art. 95 of the Constitution, the Federal Assembly consists of two chambers - the Federation Council and the State Duma. The State Duma represents the entire population of the Russian Federation, and the Federation Council consists of members representing all subjects of the Federation. The Federation Council is called upon to express regional opinions and interests. At the same time, the Federation Council is a state body of the entire Federation. His decisions and other expressions of will are addressed not to one or another constituent entity of the Federation, but to the state as a whole, i.e., all of Russia.

In the Federal Assembly, the chambers independently resolve issues within their jurisdiction in accordance with the Constitution. It establishes in Part 3 of Art. 100 that the chambers can meet together 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.

Moreover, the Constitution provides for completely different competences for each of the chambers, thereby providing a system of checks and balances in the activities of the Federal Assembly. In this system, the Federation Council is assigned the role of a kind of brake in relation to the State Duma, designed to prevent the possibility of establishing in the Russian Federation the “tyranny of the majority” won in the elections to the State Duma by one or another political force.

It should be noted that in our society there was a certain distrust of representative bodies of state power in general and parliament in particular. Such distrust was a consequence of the political struggle that preceded the adoption of the current Constitution of the Russian Federation. There were forces in Russia that were not averse to abandoning parliament as the most important democratic institution or turning it into an obedient assembly that did not play an independent role. However, such aspirations ran into a number of counteracting factors.

Many representatives of the country's political circles were aware that complete discrediting of parliament could greatly undermine the emerging political and ideological foundations of Russian democracy.

It is also significant that in democratic countries the parliament is a kind of personification of political traditions, an important indicator of the national political culture. Those political forces that are not represented in the government and for whom parliament serves as an arena where they can defend their interests are also interested in imparting a certain political effectiveness to parliament.

Parliament also acts as a kind of balancing force in the relations of competing political forces, as an arena for protecting the interests of those of them who, in the current situation, have less ability to influence the political life of the country.

Due to the interaction of all these factors, the development of Russian parliamentarism is taking a complex, largely contradictory, path.

State power in all subjects of the Russian Federation is organized on the basis the principle of separation of powers.

System of government bodies of a constituent entity of the Russian Federation V in general terms includes:

1. legislative (representative) body of state power;

2. higher executive subject of the Russian Federation (head of the region);

3. highest executive agency state power;

4. other government bodies.

Operating on the territory of a constituent entity of the Russian Federation territorial bodies federal public authorities (executive, judicial) are not included in the system of public authorities of a constituent entity of the Russian Federation.

Legislative body of state power in a subject of the Russian Federation there is one (highest and only). It is permanent, although some deputies may work on a non-permanent basis. The name of the legislative body is determined by the subject of the Russian Federation independently - it can be a council (state, supreme, regional, etc.), an assembly (state, legislative, people's, etc.), a Duma (territorial, regional, district, city, provincial, state), khural, suglan, parliament, etc. Quantitative composition legislative bodies of the constituent entities of the Russian Federation can vary significantly from, for example, 15 to several hundred deputies (in Lately there has been a downward trend numerical strength parliaments of the constituent entities of the Russian Federation, for example, in Tatarstan, Bashkortostan, Chuvashia, etc.). The structure of regional parliaments is mainly unicameral, but there are also bicameral (bicameral) legislative bodies (on regional level– in Bashkortostan, Kabardino-Balkaria, etc. – there has also been a tendency to abandon bicameralism).

IN bicameral parliaments one of the chambers (usually called the upper) is formed, as a rule, from representatives of the territorial units of the constituent entity of the Russian Federation, and, unlike the other (lower) chamber, a deviation from the principle of equal representation is possible here. However, in this case, the powers of the chambers must be balanced in such a way that the decisions of the lower house, which directly represents the population of the region (formed through elections in electoral districts with approximately equal number voters) were not blocked by the upper house, formed without ensuring equal representation (from the territories).

The legislative bodies of the constituent entities of the Russian Federation are formed exclusively through the election of deputies by the population of the region, while at least 50% of the deputies of parliament (or one of its chambers) must be elected by proportional electoral system(according to party lists), but provided that in given subject RF registered regional branches no less than three political parties. The term of office of regional parliaments cannot exceed five years. In some constituent entities of the Russian Federation, rotation (updating) of part of the composition is provided through certain period after the election. The powers of the legislative body of a constituent entity of the Russian Federation are quite broad and are aimed at implementing its main functions: representation, legislative and control.

If the legislative body consists of two chambers, the rule is established that each of the chambers adopts its own regulations, i.e., it itself decides on the internal regulations of its activities (Article 101 of the Constitution of the Kabardino-Balkarian Republic, Part 4 of Article 40 of the Charter Sverdlovsk region). The chambers sit separately and make decisions on issues assigned to their jurisdiction by the constitution (charter) of a given region. At the same time, joint meetings of the chambers are also envisaged to consider and resolve certain issues.

However, there may be general regulations, for example in the Republic of Karelia the regulations are constitutionally different Legislative Assembly(general regulations) and regulations of the chambers of the Legislative Assembly (Article 51). General regulations adopted at the first joint meeting of the chambers of the Legislative Assembly of the new convocation by a majority vote of the elected deputies of both chambers. The Regulations define the procedure:

The procedure for the activities of legislative (representative) bodies of state power of the constituent entities of the Russian Federation is determined by the constitutions (charters), as well as the laws of the constituent entities of the Russian Federation.

Legislative (representative) bodies of state power of the constituent entities of the Russian Federation elect chairmen who manage their activities and are in charge of them internal regulations. They also elect deputy chairmen of the legislative (representative) body of state power (chamber), who perform the duties of the chairman in cases of his absence, inability to carry out his duties or on his behalf, as well as other duties in accordance with the regulations of the legislative (representative) body of state power .

25. Main powers of the Government of the Russian Federation

Government of the Russian Federation- the highest executive body of state power of the Russian Federation. Accountable to the President of the Russian Federation and controlled by the State Duma.

The Government of the Russian Federation carries out its activities on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws and regulatory decrees President of the Russian Federation (Article 2 of the Law “On the Government of the Russian Federation”).

Based on Article 114 of the Constitution of the Russian Federation, the Government exercises the following powers:

· develops and submits the federal budget to the State Duma and ensures its execution; submits a report on the execution of the federal budget to the State Duma; represents the State Duma annual reports about the results of its activities, including on issues raised State Duma;

· ensures the implementation of a unified financial, credit and monetary policy;

· ensures the implementation of a unified public policy in the field of culture, science, education, healthcare, social security, ecology;

· manages federal property;

· carries out measures to ensure the defense of the country, state security, implementation of the state's foreign policy;

· implements measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, and the fight against crime;

· exercises other powers vested in him by the Constitution of the Russian Federation, federal laws, and decrees of the President of the Russian Federation.

On the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the Government issues decrees and orders and ensures their implementation. By-laws and government orders are binding in the Russian Federation. Decrees and orders of the Government in case of their contradiction to the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation may be canceled by the President of the Russian Federation.