Legislative process in the Russian Federation. Legislative process

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The legislative process refers to the established procedure for the passage of draft laws and other regulatory legal acts, up to their adoption and entry into force.

In each country, the legislative process has its own characteristics. But everywhere it is strictly fixed and regulated with the help of the constitution, current laws, as well as special provisions and regulations that establish the procedure for the legislative activities of government bodies.

When developing a draft law, it is important to use international experience in the legal solution of this issue. But here you should avoid copying foreign laws or international treaties, which often happens. The content of the law must correspond to the objective needs of the time and economic conditions, take into account the national mentality and the peculiarities of Russian law enforcement.

The legislative process consists of a whole series of developed and legally enshrined rules that determine the procedure for the preparation and adoption of various legal acts. One of its characteristic features is its division into structural elements called procedural stages.

The stage of the legislative process in its most general form can be defined as a certain set of procedural actions that contribute to the achievement of a certain legal result. Depending on the nature of these actions and the result obtained, one stage is delimited from the other. The stages are performed in the sequence established by procedural norms, replacing each other. This ensures the logical development of the process and creates conditions for a gradual step-by-step solution of the tasks facing it. Each individual stage, carried out within certain time limits, represents a completed stage of legislative activity and is characterized by relative independence and specific focus.

Let's look at each stage in more detail.

Legislative initiative is the first stage of the legislative process

Traditionally, the first stage of the legislative process is recognized as a legislative initiative, which is distinguished mainly by the fact that it sets in motion the mechanism of legislative activity of parliament. The beginning of the implementation of a legislative initiative, expressed in raising the issue of adopting a law, is associated with the emergence, relatively speaking, of the “first legal relationship”, which combines a set of mutual rights and obligations of the subject of the legislative initiative and the legislative body. The subject of the legislative initiative is obliged to present the bill in strict accordance with the established rules. In this case, the legislative body has the right to demand compliance with this condition, and if it is not met, return the bill to the initiator. The main responsibility of the legislature is to accept the bill for consideration and include it on the agenda of its meeting. It corresponds to the powers of the initiator: to demand that the issue of consideration of the bill introduced by him be put to a vote of the session of the legislative body, to defend the provisions of the bill during its preliminary consideration by the committee, to withdraw the bill before the start of discussion at a parliamentary meeting See: Abramova A.I. Modern legislative process of the Russian Federation: stages and problems of their improvement // Journal of Russian Law. 2007. No. 2. P. 14 - 24..

Thus, it is necessary to take into account that a legislative initiative does not imply the obligation of the legislative body to adopt the proposed project, especially in the form in which it is presented. The existence of such a duty would be an attack on the supremacy of representative government. But when using the right of legislative initiative, the legislative body is bound by the will of the subject who has such a right, and therefore must consider the project and make a decision on it. This distinguishes a legislative initiative from other types of legislative proposals.

In modern Russian and foreign literature, there is also a tendency to use a more expanded view of legislative initiative. Textbooks and scientific studies quite rightly point out that legislative initiative “cannot be understood narrowly, only as the introduction of bills.” It also presupposes the right to submit to the legislative bodies “issues of any significance that require subsequent legal registration” Boriskova I.V. Modern legislative process of the Russian Federation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2007. No. 4. P. 8 - 14..

In the literature, two approaches have been developed to the question of what is considered the actual beginning of a legislative initiative. Most lawyers limit legislative initiative to actions carried out exclusively within the framework of the official passage of a bill in the legislative body, considering the beginning of a legislative initiative to be the introduction of a bill for consideration by the legislative body. For example, authors such as A.I. Lepeshkin, I.V. Boriskova, A.I. Abramova and others. Along with this, there is a point of view, the authors of which broadly interpret the content of the legislative initiative, including as an initial stage all preliminary activities for preparing a draft law See: Dubov I.A. Legislative initiative: problems and ways of improvement // State and Law. 1993. No. 10. P. 34..

To substantiate this point of view, reference is made to the fact that raising the issue of issuing a law, identifying the need for its adoption, its scientific, expert, organizational preparation, as well as introducing a bill for consideration by the legislative body, is an activity related to the manifestation of legislative initiative. Moreover, the work on preparing a bill, carried out in conditions of wide publicity, with the participation of many individuals and groups, constitutes its most significant part, since it is at this stage that the foundations of the future law are laid. The introduction of a bill to the legislative body is the final action in this activity. See: Chekharin V.I. The right of legislative initiative and its influence on the process of stabilization of the law // Concept of the stability of the law. M. 2000. P. 91..

It is difficult to disagree with the fact that the stage of preparing a bill consists of actions directly aimed at creating a law. Its quality, effectiveness of use, and social significance largely depend on them. At the same time, it is obvious that both in nature and in functional purpose, these actions differ significantly from the actions that are performed directly when introducing a bill to the legislative body. The preparation of a bill, during which materials are “developed” for subsequent stages of legislative activity of parliament, serves only as the basis for the subject to exercise his right of legislative initiative; it is intended to facilitate the exercise of this right by creating the necessary prerequisites for this. The difference also lies in the fact that actions ensuring the implementation of the right of legislative initiative and the preparation of a draft law are carried out by different subject compositions. Only a specially authorized person (body) can submit a draft to parliament, while the circle of subjects preparing a draft law is not defined; it often also includes persons who do not have the right of legislative initiative. And even in the case when the development of a project is carried out by a person who has such a right, its submission to the legislative body can be “entrusted” to another subject of the right of legislative initiative, who submits the project on his own behalf. It should also be borne in mind that, being one of the stages of the legislative process, a legislative initiative must be carried out strictly within the framework of procedural and legal relations, the obligatory subject of which is the legislative body. And this means that the beginning of the implementation of a legislative initiative is associated only with the entry into relations for the implementation of legislative activities of the legislative body, i.e. it takes place from the moment when the project has already been submitted for its consideration See: Abramova A.I. Modern legislative process of the Russian Federation: stages and problems of their improvement // Journal of Russian Law. 2007. No. 2. P. 14 - 24..

However, the right of legislative initiative is not universal, belonging to all subjects without exception - citizens, government bodies or socio-political organizations. This is a special, strictly limited constitutional right. Each state, depending on its nature and purpose, decides in its own way the issue of subjects of the right of legislative initiative.

This practice of granting the right of legislative initiative to representative bodies, the government and “directly the people” remains relevant to this day. With the difference, however, that in a number of states, for example, in Russia, the circle of subjects of the right of legislative initiative has expanded due to its representation not only to the legislative and executive, but also to other government bodies. According to Art. 104 of the Russian Constitution, the right of legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) bodies of the constituent entities of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court, the Supreme Court and the Supreme Arbitration Court of the Russian Federation on issues within their jurisdiction.

In more states than before, the right of legislative initiative is given directly to the people. According to, for example, Art. 71 of the Italian Constitution, “the people exercise legislative initiative by introducing, on behalf of at least fifty thousand voters, an article-by-article bill.” At the same time, this right belongs to the government, members of the chambers of parliament and “those bodies and institutions that will be endowed with it by constitutional law.”

In legal science, disagreements have arisen regarding the duration of the studied stage of the legislative process. It is argued that the stage of legislative initiative ends with the decision to send the bill for preliminary consideration by auxiliary units of the legislative body See: Boshno S.V. Legislative initiative: introducing bills into the State Duma // Law and Education. 2004. No. 2. P. 154..

Some authors consider the preliminary consideration of a bill to be an independent stage of the legislative process, which necessarily follows the official introduction of the bill to the legislative body. It seems that in these cases the scope of legislative initiative is unjustifiably narrowed. From our point of view, the logical conclusion of this stage should be considered the inclusion of the bill on the agenda of the next session of the legislative body. As for its preliminary consideration, since this procedure only precedes the decision on the issue of including the bill on the agenda, it is within the stage of legislative initiative. In the course of it, the need to adopt the bill as a law is confirmed, and a real, balanced assessment of the social relations that are proposed to be regulated is given. At the same time, disagreements that have arisen regarding the project are considered, and the project’s compliance with current legislation, economic and legal requirements is established. The inaccuracy made by the authors of the criticized view lies in the fact that they obscure the difference between the preliminary consideration of the bill and the subsequent one, when the bill is transferred to the responsible committee to prepare it for the plenary session. This difference should be recognized as significant, since preliminary consideration concerns those bills that are not included in the agenda, and preparation concerns those already included and being considered on their merits.

Legislative initiative, therefore, is the right of certain bodies, non-governmental organizations and officials to raise the issue of issuing laws and submit their drafts for consideration by the legislative body.

The very fact of approval of the issue of consideration of a bill on the agenda of a meeting of the legislative body serves as a procedural basis for the transition from the stage of legislative initiative to the stage of discussion of the bill.

UDC 340.113.1

Magazine pages: 8-12

E.O. CHINARYAN,

Candidate of Legal Sciences, Associate Professor of the Department of Family and Juvenile Law of the Russian State Social University

Progress in improving legislation can only be achieved with due consideration of both theoretical and practical requirements for lawmaking. The theory of lawmaking should develop issues of the content of legislation, determine ways to achieve the required quality of laws, and analyze methods of lawmaking and the legislative process.

Key words: legislative technology, legislative process, development of legal norms.

The main stages of the legislative process

Chinarjan E.

Any progress in improving of legislation can only be achieved in case of proper consideration of both theoretical and applicative requirements for lawmaking. The theory of legislative drafting is to frame laws, find ways to achieve essential quality of laws, analyze methods of law-making and legislative process.

Keywords: law-making technology, law-making process, the development of legal norms.

The legislative process has several stages, which in legal theory are defined as independent stages in the formation of the state will expressed in a normative act; as organizationally separate sets of actions, closely related to each other and aimed at creating a normative act. The stage of the legislative process is a certain internally completed phase of formalizing an act as a state legal act, as a result of which a new quality of the created act arises: a decision is made to prepare a draft normative act, then its draft is developed, which is submitted to the legislative body, approved by it, etc. .d.

The legislative process is usually considered as the process of official passage of a draft normative act in the legislative body and, in relation to the activities of legislative bodies, is divided into the following stages: legislative initiative, discussion of the bill, its adoption and publication. These provisions are generally recognized.

However, in the 1960-80s, this understanding of the legislative process was subjected to critical analysis and ideas were expressed about a broader understanding of the socio-legal category under consideration, which should also include the activities of preparing and discussing draft regulations, in which other government bodies participate, various organizations, wide circles of the public. This approach seems correct. However, the activity of the legislative body constitutes the main decisive stage, during which the project is given an official state-mandatory character.

Legislative preparation is part of the legislative process, preliminary, and largely technical work. No law-preparing body is a legislator. That is why the correct relationship between legislative preparation and legislative activity itself can be established only by recognizing both of them as having a single common quality - the independence of the stage of the general legislative process.

The first stage is the preliminary formation and formulation of the state will, expressed externally in the drafting of a normative act (code), in the creation of a model of the future law.

The second stage is the official erection of a rule of law into law and its consolidation by the force of state will.

The entire legislative process can be defined as the activity of preparing, discussing, adopting and officially announcing a normative act (law, code), in which the legislative body, as well as various preparatory, auxiliary bodies, public associations, organizations and citizens participate.

Each of the main stages, in turn, breaks down into a number of independent stages. The stage of drafting a normative act originates in the law-making process of determining (clarifying) the legal situation that requires the adoption of a legislative decision and the scope of legal regulation (the first stage). When starting to work on a bill, you should first of all comprehensively:

Assess the need for issuing a law, the significance and stability of regulated relations, the essence of the proposed legal regulation and the goals to be achieved by issuing the law;

Determine whether this legal regulation is proportionate to the goals pursued;

Predict the possible consequences of the future law.

The second stage of the first stage of the legislative process is determining the content of the law. The subject of the law is specific phenomena and relationships that are subject to regulation (legislative influence). In this case it is necessary:

Determine the content of specific provisions of the law, i.e. establish what rules of behavior (relationships) should be prescribed, prohibited or permitted, what sanctions should be imposed in case of violation of a normative legal act;

Reflect constitutional ideas and principles in the content of the law;

Ensure that the content of the law complies with generally recognized principles and norms of international law and international treaties ratified by the Russian Federation;

Study the current regulations on the topic of the project and on issues related to its content and determine how the stated goal relates to other goals that the legislator has set and is setting for himself;

Analyze scientists' proposals, public opinion results and relevant statistics.

When preparing the text of the draft law (third stage), you should have a sufficient amount of knowledge about the effectiveness of previous laws, certificates of foreign legislation, sociological research data, and media materials. The bodies developing the text of the draft organize discussions, take into account and summarize the comments and proposals received during the discussions, conduct consultations, and also finalize the draft in accordance with the language and style requirements for the text of the regulatory document. The prepared text of the bill may be published in the media for public discussion; bills that are significant in volume and degree of importance may be subject to legal and other specialized examination. Scientists and specialists who were not directly involved in the preparation of the bill are invited as experts.

At the stage of the official erection of a rule of law into law and its consolidation by state authorities, the draft normative act turns into a legal act of a generally binding state nature. The following stages are distinguished here: the official passage of a normative act in the legislative body and the official announcement of the adopted act.

The official passage of the bill in the State Duma occurs in accordance with the current Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation (Articles 105, 106) and includes the following requirements and actions:

Submitting a bill to the State Duma. The text of the bill, indicating the subject of the legislative initiative, must be accompanied by an explanatory note with the following information: justification for the need to adopt the law and its purpose; main provisions of the law; its place in the system of current legislation; forecasting the socio-economic, legal and other consequences of the implementation of the future law; a certificate of the state of legislation in this area of legal regulation; a list of laws subject to repeal, suspension, amendment or addition in connection with the adoption of this law; financial and economic feasibility study; conclusion of the Government of the Russian Federation; information about the initiators of the development of the project and about the persons who took part in its preparation;

Consideration of the project in commissions (and subcommittees) of the State Duma;

Including consideration of the bill on the agenda;

Discussion of the bill at a meeting of the State Duma;

Making an official decision on a bill is the main and decisive stage in the official passage of a bill, since as a result of its implementation, the draft becomes a legal act of official significance;

Approval by the Federation Council;

Approval (signing) by the President of the Russian Federation.

The official announcement of a normative act is expressed in the publication of the adopted act in official sources.

As we can see, different subjects act at the two main stages of the legislative process. The text of the bill is developed by specialists in the preparation of legal acts (legislators), and the law is adopted by the legislator represented by the State Duma. At the same time, the legislator turns to the science of lawmaking from case to case, and the profession of lawyers or specialists in the preparation of legal acts practically does not exist, just as there is no specialized, complete and systematic training in this area. In this regard, questions arise: how do the stages of the legislative process relate to each other? Does the legislative branch itself have anything to do with the content of the law? How does the quality of legislation depend on the legislative procedure? Should legislative activity be considered from the point of view of legal theory, or is it sufficient to be content with recommendations for the preparation and execution of bills?

Real progress in improving legislation can only be achieved with due consideration of both theoretical and practical requirements for lawmaking. The theory of lawmaking should develop issues of the content of legislation, determine ways to achieve the required quality of laws, and analyze methods of lawmaking and the legislative process.

Methodological approaches to lawmaking divide the lawmaking process into various sequential stages and phases (identifying the problem to be solved, defining goals and content, choosing appropriate legal instruments, adopting a formal act, etc.) and explain how lawyers should act and in what ways means to use at each of the listed stages.

When deciding the relationship between the two main stages of the legislative process, one should proceed from the impossibility of preparing the texts of normative acts within a clearly defined framework (grammar, style, terminology, language and structure) without defining the content of the legal norm, which is understood as behavior prescribed or prohibited by law, and sanctions provided for in case of violation of the law. The author of the bill (lawyer) must deal not only with the form, but also with the content of the legal norm. However, the content of the law is an integral part of the legislative power and cannot be left to the discretion of technical executors, no matter how competent they may be. That is why the legislative branch must determine the content of a legal norm, using the advice and recommendations of lawyers developing a draft law, as well as the recommendations of the science of lawmaking as a methodology for creating written law. Legislative drafters should only be advisors to the rule-making authorities. The last word should always remain with the legislative branch (this applies to both the form and content of the legal norm).

If at the second stage of the legislative process the decision-making prerogative belongs to the legislator, then what is the share of his participation at the first stage - when creating a draft law? The content of a legal norm depends to one degree or another on the goals that the legislative branch sets for itself. The task of a lawyer developing a law is to give such advice on the content of a legal norm that would allow the legislator to achieve his goal. The developer of the text of the law must clearly represent the wishes of the legislator, since the content and internal logic of the law depend on the will of the latter. At the same time, the lawyer must determine how this goal relates to other goals that the legislator set for himself in the past or when developing other laws, reveal their similarities or differences, so that when making a decision, the legislator has complete information. The legislator must also clearly understand the capabilities of the law, since there are a number of areas in which laws are powerless, and in this regard, the goal should be abandoned or changed.

From the moment when the goal of the legislator is determined and the need to pass a law to achieve it is established, the project developer must compare the means at his disposal with the content of the intended establishment, while deciding what relations should be prescribed, prohibited or encouraged, what sanctions should be introduced in case violations of the law, what institutions to establish, etc. When developing (determining) the content of a new law, a lawyer must strive to comply with the following important requirements:

The new law must not conflict with any other laws;

The new law should not have gaps. To avoid gaps, one should either invite the legislator to provide comprehensive regulation of all issues in the law, or allow the judge to decide at his own discretion any issues related to gaps in legal regulation, or find the optimal balance of issues subject to and not subject to regulation.

Improving the text of an existing law by developers consists primarily of studying the weak legislative norms that law enforcers face. In order to perform such work, a lawyer must have a significant amount of knowledge about the effectiveness and efficiency of enacted laws and the application of their sanctions.

He is obliged to conduct a survey of law enforcement officials on how to improve the laws and eliminate the conflicts inherent in them or caused by them. Proposals from law enforcers through deputies can be submitted to the legislator for detailed analysis and discussion.

In connection with the need to improve an already adopted law, the problem of the quality of the legislative product, the so-called good law, and the influence of the legislative process on the effectiveness of legislation arises. Procedural rules and their functional characteristics must meet certain requirements to ensure the efficiency and effectiveness of the laws adopted. In order to create good legislation, the greatest possible publicity and openness of the process under consideration from its first stages is necessary, which guarantees maximum coverage of social problems. Procedural rules must guarantee the possibility of manifesting the maximum number of legislative impulses and initiatives on the part of bodies and organizations, institutions and individuals. At the same time, these rules should provide opportunities to determine the need for legislative measures, since not all social and political problems can be effectively resolved by legislative means.

The procedural rules of the legislative process are designed to ensure sufficient distance and barriers between the legislative branch and those individuals who have a special interest in the adoption of specific laws (the problem of lobbying). It is obvious that the drafters of the bill must be sufficiently familiar with the area of social relations and with those participants who are affected by legislative measures in order to know what the specifics of this area are, what interests may be affected, what consequences may occur in connection with legislative intervention in it and what mechanisms are at work.

To prepare legislative acts, a sufficient period of time is necessary and at the same time a time limit should be set for the development of a bill. If a law takes weeks or months to prepare, it is unlikely to meet the requirements for good laws.

However, if the process of passing a law takes 10 years or more, there is a possibility that the problem that needs to be solved by legislation will disappear or change so much that the adopted law no longer meets the requirements.

The quality of legislation directly depends on the ability to attract outside experts. Such consultative procedures are a means of testing the suitability and acceptability of bills. The effectiveness of adopted laws is verified using a mechanism for assessing law enforcement and adjusting legislation. The simplest way is to study the situation that has developed after the legislative reform. If a new law prohibits previously unprohibited actions, it is possible to identify the total number of violations of the new rule and thereby determine to what extent the goal of preventing certain crimes is achieved. This is a simple and fast method that provides known benefits. However, its shortcomings are also obvious, since it is not possible to assess the effect of side factors, as well as the degree of impact of legal norms due to the lack of information about the actual number of violations of the law. A more successful assessment method is one that compares the situation both before and after the introduction of the new law. Using this method, you can verify not only the fact of impact, but also the degree of effectiveness of the legal norm. Legal norms must be analyzed from the point of view of the subject of their regulation and the procedure for their adoption. At the same time, the concept of assessing the effectiveness of legal regulation cannot be attributed only to tracking the specifics of the application of legislation, when such results of legal regulation as compliance or non-compliance with new legal norms are simply stated. This concept should be interpreted more broadly, including first of all an assessment of the effect of legal regulation from the point of view of the goals that were set when developing legal norms, then an assessment of effectiveness as a means of finding those legal norms that can improve the situation.

The law applies to all legal entities who must understand it in order to comply with it. If the task is to perceive the law by those to whom it is addressed, its external properties, the means of preparing a written text, which in the science of lawmaking are called legislative technology, acquire no less importance.

Bibliography

1 See: Kerimov D.A. Freedom, law and legality in a socialist society. - M., 1960. P. 157; Lepeshkin A.I., Kim A.I., Mishin N.P., Romanov P.I. Course of Soviet state law: In 2 volumes - M., 1962. T. 2. P. 410; Alekseev S.S. General theory of socialist law. - Sverdlovsk, 1963. Vol. 3. pp. 28-29; and etc.

2 See: Pigolkin A.S. Language of the law. - M., 1990, S. 34.

Laws, like other normative legal acts, are the result of lawmaking. But their development and adoption have their own characteristics, determined by the place and role of the law in the legal system of society. The law is created in the process of lawmaking - the most important component of rule-making activity.

Legislative process- this is the entire set of social relations that arise in the process of initiation, preparation, discussion and adoption of the law. From a formal point of view, the legislative process is a complex system of organizational actions (procedures), the result of which is the creation of a law. The Constitutional Court of the Russian Federation defines the legislative process as “a constitutionally established series of successive stages, and the nature of emerging, developing and terminating legal relations of its participants, their mutual rights and obligations.”

Principles, on which the legislative process is based:

1.The principle of the supremacy of human rights. Regulatory acts must embody the priority of fundamental human rights and freedoms. This principle is enshrined in Article 2 of the Russian Constitution: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the responsibility of the state.”

2.The principle of hierarchy of acts (legality). Compliance of acts of a lower level with regulations that have greater legal force. Lex superior derogat legi interior (translated from Latin) – an act of greater legal force takes precedence over an act of lesser legal force.

3.The principle of competence. Laws must be issued within the competence of the relevant government agency or official.

4.The principle of formalization. A prerequisite for legality is strict adherence to lawmaking procedures when adopting a law and putting it into effect.

5.The principle of publicity (public availability). Laws must be officially published for public information, which ensures that all persons whose rights and interests are affected by them actually receive information about the content of the law. An unpublished law is not applied and does not give rise to legal consequences.

6.Priority of international legal sources. If a duly ratified international treaty establishes rules other than the law, then the norms of the international treaty apply.

7.The principle of prospective action. Laws do not have retroactive force, unless otherwise provided by the act itself.

Legislative process in the Russian Federation has features.

(1) it is regulated directly by the Constitution of the Russian Federation,

(2) a strictly defined circle of subjects of legislative initiative has been established,

(3) bodies of all branches of government participate in the legislative process, with the leading role of the State Duma of the Federal Assembly.

There are 4 main stages legislative process: 1) introduction of a bill (legislative initiative); 2) consideration of the bill in chambers, committees (commissions) of parliament (discussion of the bill); 3) adoption of the law; 4) publication of the law.

Legislative initiative- this is the right of authorized entities to officially raise the issue of issuing laws and submit their drafts for consideration by the legislative body. Coming up with a legislative initiative entails mandatory discussion of it in parliament. According to the Constitution, the right of legislative initiative is vested in the President of Russia, the Federation Council as a whole, individual members of the Federation Council, deputies of the State Duma, the Government, legislative (representative) bodies of the constituent entities of the Russian Federation, as well as the Constitutional Court, the Supreme Court, on issues within their jurisdiction.

Bills submitted to the State Duma on taxation, on issuing government loans, changing the financial obligations of the state, and other bills that provide for expenses covered by the federal budget are introduced only if there is an opinion from the Government of Russia, which is responsible for the financial and credit policy of the state.

The bill is discussed at meetings of the State Duma in stages in three readings. At this stage, amendments, changes, and additions are made to the text of bills. The State Duma adopts the law by a majority vote of the total number of deputies and within five days submits it for consideration to the Federation Council. Bills on issues of the federal budget, federal taxes, financial, currency, credit law, customs regulation, money issue, ratification and denunciation of international treaties, status and protection of the state border, war and peace are subject to mandatory consideration in the Federation Council. The Federation Council approves the law by a majority vote of the total number of members of the chamber. If within fourteen days the Federation Council has not considered the law, it is considered approved.

The Federation Council has the right to reject the law - to veto. In this case, a conciliation commission is created to overcome disagreements. After the commission’s work, the law is reconsidered in the State Duma. If, during the second vote, at least two-thirds of the total number of deputies of the State Duma vote for the law, it is considered adopted even without approval by the Federation Council.

A federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the votes of the total number of members of the Federation Council and of at least two-thirds of the votes of the total number of deputies of the State Duma.

A bill adopted by the State Duma and approved by the Federation Council is sent to the President within five days for signing and promulgation. This procedure takes 14 days. During this period, the President can reject the law by vetoing it and return it back to the State Duma. The State Duma and the Federation Council are again considering the returned law. If, upon re-examination, the law is approved in the previously adopted wording by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, the veto is considered overridden. In this case, the President is obliged to sign and promulgate the law within seven days.

The Federal Law “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, and acts of the chambers of the Federal Assembly” is in force. Within 7 days after signing by the President of the Russian Federation, the law must be published in the Rossiyskaya Gazeta, the Parliamentary Gazette and the Collection of Legislation of the Russian Federation.

The official publication of a federal constitutional law, a federal law, an act of the chamber of the Federal Assembly is considered to be the first publication of its full text in the “Parliamentary Gazette”, “Rossiyskaya Gazeta”, “Collection of Legislation of the Russian Federation” or the first placement (publication) on the “Official Internet portal of legal information” "(www.pravo.gov.ru).

Federal laws come into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force.

Related information.

In Ukraine, the main stages of lawmaking include:
Legislative initiative;
Discussion of the bill;
Adoption of the law;
Promulgation of the law.
A legislative initiative is the right of certain subjects (the President of Ukraine, people's deputies of Ukraine, etc.) provided for in Article 93 of the Constitution of Ukraine to submit a corresponding bill for consideration to the Verkhovna Rada of Ukraine (the main form of implementation of a legislative initiative), which gives rise to the obligation of parliament to consider this bill in in accordance with the prescribed procedure.
Discussion of the bill in the Verkhovna Rada of Ukraine begins after its inclusion in the agenda (approved by the Verkhovna Rada). The bill is first reviewed by the relevant (profile) standing committees of the Verkhovna Rada, which decide on its readiness for discussion in parliament. These committees finalize the bill if the Verkhovna Rada does not approve it in the first reading (they prepare it for the second reading). Having discussed the bill, the Verkhovna Rada decides to approve it in the first reading (another decision - the bill is rejected and sent for revision).
Adoption of a law is carried out by voting: the law is adopted by a majority of votes from the total number of people's deputies; changing the Constitution of Ukraine requires not a simple, but a qualified majority of votes (adopted by at least 2/3 of the total number of people's deputies of Ukraine).
The adopted law is signed by the Chairman of the Verkhovna Rada of Ukraine and submitted to the President of Ukraine for signature (Article 104 of the Constitution of Ukraine).
A substage of the law adoption stage is the signing of the law by the President of Ukraine. The President of Ukraine signs the law within 10 days from the date of its receipt. During this period, he can exercise the right of suspensive veto and return the law with comments to the Verkhovna Rada for re-consideration. The President of Ukraine must sign the law adopted during its re-consideration within 7 days.
4. Promulgation of the law - occurs, as a general rule, through its official publication, i.e. publications in official print media. The official publication of a law is the announcement (announcement) on behalf of the Verkhovna Rada of Ukraine of its full and accurate text for general knowledge and widespread implementation. The published law comes into force 10 days from the date of its official publication, unless otherwise provided by the law itself, but not earlier than the day of its publication (Article 34 of the Constitution of Ukraine). The law, like any other legal act that defines the rights and responsibilities of citizens, that is not brought to the attention of the population in the manner prescribed by law, is invalid (Article 57 of the Constitution of Ukraine).
Promulgation of acts of parliament, head of state, government in Ukraine
It is necessary to distinguish between unofficial and official promulgation of acts of the Verkhovna Rada of Ukraine (parliament), the President of Ukraine (head of state), and the Cabinet of Ministers of Ukraine (government). Unofficial publication has purely informational value. Legal acts promulgated unofficially cannot be used for their official application. Unofficial publication is permitted only after official publication.
The official promulgation of acts of parliament, the head of state, and the government is carried out no later than fifteen days after their adoption and signing in the prescribed manner, inclusion in the Unified State Register of Normative Acts with the assignment of the corresponding registration code.
The above acts are subject to promulgation in the state language in official printed publications: “Official Bulletin of Ukraine”, “Videomosti of the Verkhovna Rada of Ukraine”, newspaper “Uryadovy Kurier” (in some cases, these acts can be officially promulgated through television and radio).
In a number of cases, mailing is used as a method of official promulgation of the above acts: by decision of the relevant body in relation to acts that do not have general significance, normative nature, acts with restrictive stamps. The recipients of the distributed acts are the relevant state bodies and local governments, who bring them to the attention of enterprises, institutions, organizations and persons to whom they apply.
According to Part III of Article 57 of the Constitution of Ukraine, laws and other legal acts that define the rights and obligations of citizens that are not brought to the attention of the population in the manner prescribed by law are invalid.
The procedure for the official promulgation of acts of parliament, the head of state, and government is determined by the decree of the President of Ukraine dated June 10, 1997. No. 503/97 (amendments and additions - decrees of the President of Ukraine No. 1327 of December 4, 1997, No. 1235 of November 10, 1998).

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