Problems of improving the organization and activities of the Federal Assembly. Problems of implementing the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” Series: Current problems of state building

Course work

in the discipline “Constitutional (state) law of the Russian Federation”

"Federation Council of the Federal Assembly of the Russian Federation"

INTRODUCTION

1. Historical roots of the principle of popular representation

2. Federal Assembly in the system of bodies state power Russian Federation

2.1 Internal organization Federation Council of the Federal Assembly

2.2 Formation of the Federal Assembly of Russia: problems of implementation

2.3 Problems legislative activity Federal Assembly

2.4 Bills on the election of members of the Federation Council

Conclusion

Glossary

List of sources used

Appendix A. Status of the Federal Assembly

Appendix B. Structure, composition and procedure for the formation of the Federal Assembly

Appendix B. Comparative characteristics of bills submitted to the State Duma on the election of members of the Federation Council of the Russian Federation

INTRODUCTION

The emergence in Russia of a professional, permanent representative and legislative body was the result of a long and contradictory historical development of the institution of popular representation. Individual elements people's representation existed in Kievan Rus, Veliky Novgorod and the Moscow State. At the same time, the first attempt to establish regular representative bodies is considered to be the convening of the Zemsky Sobor in 1550, which adopted the Code of Law.

The political evolution of the Soviet form of popular representation predetermined the transition to a parliamentary form based on the principle of separation of powers. During the constitutional reform of 1988-1990. a “two-story” parliamentary system was established, which included the Congress of People’s Deputies and the bicameral Supreme Council formed by it. These authorities were never able to become a genuine parliament of the country, firstly, due to the powers assigned to them by the then-current Constitution, which contradicted the principle of separation of powers, and secondly, due to the actual vertical subordination of the representative bodies of the country, which was completely unusual for parliamentary representative bodies.

After the implementation of the constitutional reform at the end of 1993, the bodies of Soviet power ceased their work both at the national level (Congress, Supreme Council) and in most subjects of the Federation. The Constitution of the Russian Federation, adopted on December 12, 1993, established the status of the bicameral parliament of Russia.

Article 94 of the Constitution The Federal Assembly is characterized as a representative and legislative body of the Russian Federation. As a representative body, the Federal Assembly implements the political will of the people, and as a legislative body, the Federal Assembly has full and unlimited competence in the field of legislation within the powers of the Russian Federation and its Constitution.

In addition, the Federal Assembly performs some control functions over the executive branch. Due to the fact that, according to the Constitution of the Russian Federation, the functions and competencies of both components of the Federal Assembly are different, a so-called system of “checks and balances” is ensured in the activities of this body.

In the current Constitution, adopted in 1993, Chapter 5 is devoted to the formation, structure and functions of the Federal Assembly. Its very location in the Constitution of the Russian Federation - immediately after the chapter “President of the Russian Federation” and before the chapter “Government of the Russian Federation” - indicates the importance of representative and legislative power, its place in the system of separation of powers.

The status of the Federal Assembly - the parliament of the Russian Federation, the basis of its organization and activities are defined in Chapter 5. According to the Constitution, the Federal Assembly is the representative and legislative body of the Russian Federation. The status of the Federal Assembly as a representative body means that it acts as the official representative of the entire multinational people of Russia, forms and expresses their will. This quality is most clearly manifested in the approval of the state budget, ratification and denunciation of international treaties, the appointment and dismissal of federal officials, and resolution of issues of war and peace. The quality of a legitimate representative body is ensured by periodic renewal of the composition of the chambers of the Federal Assembly.

The legislative function of the Federal Assembly includes the adoption of federal laws, their amendment and addition, as well as parliamentary control over their implementation.

The name of the representative and legislative body of the Russian Federation - the Federal Assembly - emphasizes its federal nature, the obligation to exercise its powers in the system of federal relations and the division of legislative prerogatives established by Articles 71-73 of the Constitution of the Russian Federation.

The purpose of the course work is to analyze the formation and activities of the Federation Council of the Federal Assembly of the Russian Federation in the system of government bodies of Russia, as well as its constitutional and legal status.

The purpose of the course work is to analyze the formation and activities of the Federal Assembly of the Russian Federation.

This goal is realized in work based on solving the following tasks:

· reveal the role of the Federal Assembly in the system of government bodies of the Russian Federation;

· describe the historical roots of the principle of popular representation in Rus';

· explore the problems of the formation and activities of the Federal Assembly.

The object of the study is the Federal Assembly of the Russian Federation.

The subject of the research is the problems of formation and legislative activity of the Federal Assembly.

The legal basis is: the Constitution of the Russian Federation of 1993, federal laws, Decrees of the President of the Russian Federation, decisions of the Constitutional Court, monographs and scientific articles devoted to this problem.

1 . Historical roots of the principle of popular representation

In the XVII-XVIII centuries. During the struggle against the tyranny of feudal monarchs, the European peoples came to the conviction that the people themselves should be recognized as the bearer of sovereignty and the only source of power in a democratic state. The people form an elected representative body (parliament), which has the exclusive right to pass laws that protect freedom and human rights and provide solutions to public problems in the interests of all citizens. This chain of reasoning led to the conclusion that it was necessary to create in each state a sovereign body of popular representation with genuine elections and broad rights. People's representation performs the function of combining the sovereignty of the people with state power, which gives the entire system of government a democratic character.

Historically, the predecessors of bodies embodying the idea of popular representation can be considered representative institutions in Ancient Greece and Ancient Rome.

From the 12th century Parliamentary institutions began to develop in England, and then in a number of other European countries. It was in England that the term “parliament” took root, which came from the French word “to speak.” In the 18th and 19th centuries. parliaments were constitutionally established and elected by universal suffrage in the United States and most European countries. In Russia, this body - the State Duma - appeared much later - after the publication of the Tsar's Manifesto on October 17, 1905 and as a result of a long struggle against the autocracy.

The idea of popular representation, put forward and developed by J. Locke, C. Montesquieu, J.-J. Rousseau, was universally perceived as the antipode of absolutism and the only reasonable basis for the organization of truly democratic power.

Moreover, in different countries, depending on specific conditions, it was embodied in different constitutional and legal forms.

In constitutional and legal terms, the position of the body of people's representation is entirely determined by the form of government. In a parliamentary republic and a parliamentary monarchy, the parliament, personifying the supreme power, forms and controls the government, and in a presidential republic and a dualistic monarchy it shares power with the head of state, who himself forms and controls the government.

A government system based on the supremacy of parliament in the system of state bodies is called parliamentarism, while this term is not used for the other two forms of government. The existence of a parliament in a particular country does not yet mean the establishment of parliamentarism. Modern Russia is not a parliamentary state either; this term is sometimes used simply to characterize everything connected with parliament.

Political history helps to identify the advantages of different positions of parliament in the system of state bodies. Certain advantages, as well as disadvantages, are inherent in any form of government. In parliamentary states, the government, which can only exist if there is a majority of deputies supporting it in parliament, easily passes the laws it needs and ignores criticism from the opposition. This form of government is good as long as the two-party political system is stable.

The form of government and the position of parliament inherent in it, thus, largely reveal their effectiveness or ineffectiveness depending on the party system emerging in a particular country.

In Russia, in the XVI-XVII centuries. During the reign of Ivan the Terrible, Fyodor, Boris Godunov, during the Time of Troubles, as well as under the first Romanovs, bodies of class representation were formed and operated in Russia - Boyar Dumas, Zemsky Sobors. Under conditions of strengthening autocracy, they served as representatives of social forces and reflected specific local interests.

By the end of the 17th century, autocratic power finally gained the upper hand, and the institution of Zemsky Sobors was liquidated, but remained in people's memory until the beginning of the 20th century. acts as an important ideological symbol for various social and political forces.

The social and political regime introduced by Peter I, in form and content, is a negation of parliamentarism. But it is precisely this that gives rise in abundance to various projects for the introduction of a representative system in Rus'. Since the 30s. XVIII century Russian political thought is intensively developing the idea of limiting autocracy with the help of parliamentary-type bodies.

In Catherine's era, institutions for the representation of classes arose: first the nobility, then the merchants. In the course of the extremely beneficial reforms of Alexander II, zemstvos were born in Russia - all-class representation at the level of districts and provinces. In 1870, city class representative institutions - city government bodies - were formed. On April 27, 1906, the First State Duma, the first Russian national parliament, began its work. In 1906-1917 Four State Dumas were elected, but only the third one served a full term.

The October Revolution and the subsequent radical disruption of the state structure brought forward new type of People's Representation - Councils proclaimed as sovereign and sole bodies of people's representation. The political doctrine of that period allowed for the separation of functions of government bodies, but completely denied any kind of separation of powers.

At the same time, it would be wrong to see in the Soviet period only the negation of parliamentarism. This or that form of popular representation can speed up or slow down social development, but is not able to abolish its objective laws. The election and periodic renewal of Councils, built and operating on the basis of common principles, contributed to the rooting of the idea of direct popular representation, the strengthening of the state, the restoration and preservation of state unity in a multinational country.

After the presidential elections of the RSFSR, held on June 12, 1991, the Congress of People's Deputies enshrined in the Russian Constitution the separation of powers as a fundamental principle of the organization of state power. In the new Constitution of 1993, the principle of separation of powers is implemented more consistently and fully. At the same time, the circumstances of its adoption determined a number of features in the implementation of this principle: the emphasized priority of presidential power, the limitation of the control powers of parliament, a complicated mechanism for removing the President from office and a simplified mechanism for dissolution State Duma, subordination of the executive power to the President and its actual independence from parliament.

The further development of Russian parliamentarism, already on the basis of the new Constitution of the Russian Federation, is assessed in the scientific literature as extremely ambiguous and indicates a certain instability in the development of institutions of popular representation in Russia.

2 . Federal Assembly in the system of government bodies of the Russian Federation

2.1 INinternal organization of the Federation Council of the Federal Assembly

The Constitution of the Russian Federation establishes the Federal Assembly as one of the bodies exercising state power in the Russian Federation. Since this article is placed in Chapter 2 “Fundamentals of the Constitutional System”, changing the position of the Federal Assembly in the system of government bodies is possible only through a complex procedure for amending the Constitution of the Russian Federation itself.

Another important guarantee enshrined in Chapter 2 is that the legislative body, as part of the system of separation of powers, is independent in relation to others. The position of the Federal Assembly is determined by the principle of separation of powers, which is equally opposed to the exorbitant rise of any of the three powers and the possibility of control of one power by another.

Independence is the most important condition for the successful performance of its functions by parliament. The Constitution of the Russian Federation does not define the exact boundaries of the scope of legislation that can be adopted by the Federal Assembly, as a result of which parliament has the right to pass any laws without anyone’s orders. The Federal Assembly is not subject to any control by the executive branch. It independently determines the need for its expenses, which are recorded in the state budget, and manages these funds without control, which ensures its financial independence.

No one can interfere with the prerogative of the Federal Assembly to adopt laws, which ensures the true omnipotence of parliament and its independence in the performance of its main function.

However, legislative independence is not absolute. It is limited through such institutions of constitutional law as the presidential veto, a referendum, since with its help some laws can be approved without parliament, a state of emergency and martial law, which suspends the operation of laws, the right of the Constitutional Court of the Russian Federation to declare laws unconstitutional, the right of the President of the Russian Federation to dissolve the State Duma under certain circumstances, ratified international treaties that have legal force higher than laws, the requirement of the Constitution of the Russian Federation for the State Duma to adopt financial laws only if there is a conclusion from the Government of the Russian Federation. These restrictions arise from the principle of separation of powers with its “checks and balances.” They do not detract from the independent position of the Federal Assembly in the system of state bodies.

Article 94 of the Constitution of the Russian Federation establishes that the Federal Assembly is the parliament of the Russian Federation, thereby giving it nothing more than the most general characteristic through a commonly used term. But in the same article, the Federal Assembly is characterized as a representative and legislative body of the Russian Federation, which already reveals the main purpose of this parliamentary institution.

The procedure for the activities of the Federation Council, its bodies and officials is determined by the Constitution of the Russian Federation, federal laws, Rules of Procedure of the Federation Council adopted by the Federation Council of the Federal Assembly of the Russian Federation, and decisions of the Federation Council.

According to the Rules of Procedure of the Federation Council of the Federal Assembly of the Russian Federation, the activities of the Federation Council are based on the principles of collective free discussion and resolution of issues. Meetings of the Federation Council are held openly, but the chamber has the right to hold closed meetings. The Federation Council elects the Chairman and Deputy Chairman of the Federation Council from among its members by secret ballot. In addition, to ensure prompt and collegial discussion of urgent issues of the activities of the Federation Council related to its ongoing functioning, a permanent collegial body such as the Council of the Chamber is being created.

According to Article 101 of the Constitution of the Russian Federation, Art. 13 of the Rules of Procedure, the Federation Council forms committees and commissions from among the members of the chamber, which are permanent bodies of the chamber.

Committees of the Chamber on issues within their jurisdiction prepare opinions on draft laws of the Russian Federation on amendments to the Constitution of the Russian Federation, federal constitutional laws approved by the State Duma, on federal laws adopted by the State Duma and submitted to the Federation Council for consideration; prepare proposals for normative legal acts of the Parliamentary Assembly of the Union of Belarus and Russia, as well as model legislative acts adopted by the Interparliamentary Assembly of States Parties of the Union of Independent States; develop and preliminary consider bills and drafts of other legal acts; organize parliamentary hearings; on behalf of the Federation Council, exercise control over the implementation of decisions of the Federation Council adopted on issues of organizing the internal activities of the Federation Council, and also inform members of the Federation Council about their consideration and implementation; resolve issues of organizing their activities and the activities of the chamber; consider, within the limits of their competence, other issues falling within the jurisdiction of the Federation Council.

The following committees are formed within the Federation Council: Federation Council Committee on Constitutional Legislation and Judicial and Legal Issues; Federation Council Committee on Security and Defense; Federation Council Committee on Budget, Tax Policy, Financial, Currency and Customs Regulation, Banking; Federation Council Committee on Social Policy; Federation Council Committee on Economic Policy; Federation Council Committee on International Affairs; Federation Council Committee on Affairs of the Commonwealth of Independent States; Federation Council Committee on Agrarian Policy; Federation Council Committee on Science, Culture, Education, Health and Environment; Federation Council Committee on Federation Affairs, Federal Treaty and Regional Policy; Committee of the Federation Council for the Affairs of the North and Small Peoples.

2.2 Formation and activities of the Federal Assembly of Russia: implementation problems

Of all the institutions of state power, the establishment and improvement of which Russian society was engaged in during the ten years of the Constitution of the Russian Federation of 1993, the Federation Council faced the most difficult fate.

World practice knows a variety of ways to form the upper house of parliament, functioning in both federal and unitary states. To answer the question of which one is more suitable for Russia, one should decide what the goal for modern Russian state and society is a priority.

As is known, when forming the upper house of a federal state common goal is to ensure a combination of the principles of popular representation and federalism. However, the nature of the implementation of this goal may be different. If it is embodied through the harmonization of the interests of the people of the entire Federation and the peoples of its individual components, then it is logical to introduce direct elections of both chambers, as is the case, for example, in the United States, Switzerland, Brazil and a number of other countries. With this option, the principle of popular representation dominates over the federal idea, and the main tasks of federal construction are implemented not through the upper house, but through other mechanisms.

The upper house plays a completely different role if the state, through its establishment, follows the path of harmonizing the federal system of power and management through state bodies. In this case, a formation model emerges similar to the one created in Germany and Austria. Russia followed the same path, defining in the Constitution of the Russian Federation in the very general view the principle of forming the Federation Council on the basis of representation from the legislative and executive bodies of state power.

But, by defining only a principle, the Constitution actually left it to the federal legislator to decide on the choice of a specific model for forming the chamber. Therefore, members of the Federation Council of the first convocation, as is known, were elected using majoritarian system in two-mandate electoral districts.

The Federation Council of the second convocation had a different formation procedure. The law of December 5, 1995 established that representatives of the subjects of the Federation in the Federation Council are ex officio the head of the legislative and the head of the executive bodies of state power. The law was adopted in an atmosphere of heated debate. During the discussion of the project in the State Duma and the Federation Council, serious disagreements emerged. A certain part of parliamentarians then proposed to secure direct elections by the population of representatives from the legislative and executive powers of the constituent entities of the Federation. At the same time, the largest number of legislators believed that the introduction of such a procedure conceals a desire to strengthen centrist tendencies in state building. As a result, the draft federal law, which was mentioned above, won. His supporters were convinced that it was he who met the federalist principles of building a new Russia.

Based on the new formation scheme, the Federation Council has essentially become a body that does not operate on a permanent basis. The leaders of the constituent entities of the Federation were only able to gather for chamber meetings during a certain period. However, turnout was not always high. Some researchers saw this as a contradiction with the Constitution of the Russian Federation and the principle of parliamentarism. They noted that according to the Russian Constitution (Part 1 of Article 99), the Federal Assembly of the Russian Federation, which accordingly includes the Federation Council, is a permanent parliament.

In addition, in their opinion, the federal law of December 5, 1995 ignored the fact that the Federation Council of the first convocation consisted of elected deputies and it would be logical to extend the same procedure to subsequent convocations.

Gradually, these arguments began to dominate in the socio-political environment and scientific literature, which, in turn, predetermined the adoption of a new law dated August 5, 2000 on the procedure for forming the Federation Council, initiated directly by the President of the Russian Federation.

In accordance with it, a member of the Federation Council - a representative from the legislative body of a subject of the Federation is elected by this body, and a representative from the executive body of a subject of the Federation is appointed by the highest official (head of the executive body) of the subject of the Federation for the term of their powers. In this case, the latter’s decision is approved by the legislative body of the subject of the Federation.

The new law, changing the procedure for forming the Federation Council, retained the actual principle arising from the meaning of the provisions of the Constitution of the Russian Federation: members of the Federation Council act as representatives of the legislative and executive bodies of the constituent entities of the Federation, being elected or appointed by these bodies. But now they work in the Federation Council on a permanent basis, and the chamber itself, thus, gets the opportunity to function permanently.

While agreeing with a certain advantage of the permanent order of work of the Federation Council, one cannot help but note at the same time that the principle of constancy is by no means the only condition for the quality of work of the upper chamber.

One of the serious indicators of the effectiveness of the Federation Council is achieving a balance between the parliamentary functions of a national-level legislator and the ability to protect the interests of the subjects of the Federation. There are a number of problems here.

One of them is the lack of guarantees of stability in the activities of members of the Federation Council. Due to the fact that the federal law of August 5, 2000 does not clearly provide for the grounds for termination of the powers of members of this chamber, the unsettled nature of this issue creates the possibility of recalling a member of the Federation Council without any justification at any time. Only in the acts of some legislative bodies of the constituent entities of the Federation can one find a recall procedure.

At the executive level, the recall of a member of the Federation Council occurs today, as a rule, individually, by volition. Hence, despite the general principle of work on a permanent basis, there is instability in the membership of the Federation Council.

Another problem is related to the absence of a direct indication in the federal law that a member of the Federation Council from a subject of the Federation must live in the region that he represents. The freedom to choose a representative led to the fact that regional interests in lawmaking were replaced by other, often more private, interests.

Now, as you know, there are three groups of members represented in the Federation Council: the first - those who actually come from the subjects of the Federation; the second - representatives of large and medium-sized businesses and the third - former high-ranking officials of the federal state elite. Such a heterogeneous composition of the Federation Council of the current convocation leads to a state of legislative work of this chamber, for which a combination is inevitable with other, and, above all, lobbying activities in the broadest sense of the word, carried out not only in parliament, but also in the government, and also in other federal authorities.

Another one serious problem- the possibility of qualified legislative work from the point of view of real knowledge of the needs and requirements of the constituent entities of the Federation. An attempt to find a compromise between the federal nature of the state structure and the parliamentary nature of the Federation Council in the law of August 5, 2000 appeared to be less successful than expected.

Even those current members of the Federation Council who seem to represent the region (in particular, among them there are many former heads of government bodies of the constituent entities of the Federation), without being engaged in specific legislative and executive activities on the ground, are increasingly disconnected from the practice and needs of the region. They are actually engaged in lobbying only individual interests of their territories and gradually feel less and less like statesmen from the subjects of the Federation.

2.3 Problems of legislative activity of the Federal Assembly

The presence of the identified problems cannot but affect the quality of the legislative activity of the Federation Council, which forces us to look for the most optimal options for resolving them.

Currently, a number of politicians and scientists have put forward proposals to change the procedure for forming the Federation Council and adopt a new federal law. The essence of these initiatives is related to the approval of the concept of direct election of members of the Federation Council by the population. As a tool to ensure representation from the legislative and executive powers of a constituent entity of the Federation, it is proposed that these bodies nominate their candidates.

It seems that such an initiative carries more questions than answers. And in this sense, there are at least the following problems.

The first problem is constitutional and legal. The model of representation in the upper house through direct election of a member of the Federation Council by the population goes beyond the framework of the current Constitution of the Russian Federation. In accordance with Article 95 of the Constitution of the Russian Federation, the Federation Council includes two representatives each from the legislative and executive bodies of state power of the constituent entities of the Federation. The wording of constitutional provisions should sound completely different if we mean direct elections. In this case, it should be similar to that contained in Article 150 of the Swiss Constitution, which states that deputies from the cantons are elected to the Council of Cantons, as the chamber of regions. Thus, to introduce direct elections to the Federation Council, a corresponding amendment to the Constitution of the Russian Federation is needed.

Another problem is the political expediency of direct elections for Russia. It is impossible not to take into account that when implementing the proposed procedure for electing representatives from the legislative and executive branches directly by the population, the Federation Council will actually be equalized with the State Duma in terms of the nature of representation.

If in Switzerland and the United States federalism is implemented through established mechanisms for the division of power based on the principle of subsidiarity and broad autonomy of the subjects of the Federation, and parliament as a whole is considered as an instrument of democracy and political pluralism, then in Russia, with its unfinished system of vertical division of power, the Council The Federation is assigned a very high role precisely as the Chamber of Regions. Therefore, federalism as a principle for forming a chamber should dominate not only from a legal but also from a political point of view.

Having received a mandate from the population, members of the Federation Council, according to the logic of representation, should answer only to it, while control on the part of the legislative and executive authorities will be reduced to a minimum. At the same time, the very practice of implementing a free mandate indicates that after the elections, the deputy does not actually bear any responsibility to the voter. In this case, who will ask him how he represents the interests of the population of the subject of the Federation from which he was elected?

In relation to Russia, one cannot but take into account certain political sentiments in Russian society. Already today it can be predicted that with direct elections of members of the Federation Council, the political activity supporters of the complete elimination of the upper house, considering it as superfluous, repeating and duplicating the lower chamber. This is exactly the procedure that was carried out, in particular, in Venezuela, where the new Constitution of 1999, for the first time in world constitutional history, abolished the upper house of parliament - the Senate in a federal state.

Returning to Russia, it should be noted that even if we abandon the current procedure for forming the Federation Council, then it would be most advisable to return to the option of forming an upper chamber from the heads of the legislative and executive powers of the constituent entities of the Federation. With this scheme for forming the Federation Council, the principles of regional representation and democracy were more organically combined.

Democracy was ensured by the fact that both the leaders of the legislative branch as deputies and the heads of the executive branch of the subject of the Federation were directly elected by the population. On the one hand, they received a mandate of trust from the people, on the other, being regional leaders, they knew well the needs of the subject of the Federation and its population. For Russia, such a structure was also suitable because regular meetings of senior officials of all subjects of the Federation in the upper house with the aim of approving the most important government decisions are a good chance for preventing conflicts between the center and the regions, finding consensus and choosing the optimal option for one or another federal law. Within the framework of such a chamber, the consolidation of federal and regional interests was best ensured with the aim of their harmonization. It is no coincidence that during the discussion at the round table, the majority of representatives of the constituent entities of the Federation spoke out in favor of returning to precisely this option for forming the upper house of the Russian parliament.

Regretting the refusal to form the Federation Council on the official principle, it is impossible not to admit that in the interests of ensuring stable statehood after a decade of uninterrupted reforms, it is quite reasonable to declare a temporary moratorium on further reform of the upper house, which has experienced changes three times, and maintain at least the next few years, the current procedure for the formation of the Federation Council. And legislators should concentrate their efforts on harmonizing the relationship between a member of the Federation Council and a subject of the Federation.

Questions about the possibility and grounds for early termination of the powers of a member of the Federation Council deserve special attention. There is no consensus on how to use this form of responsibility. Some propose to supplement the current law with provisions stating that the powers of a member of the Federation Council can be terminated early in the event of failure to comply with the decision of the relevant authority when voting in the Federation Council. Others believe that existing principle the formation of the Federation Council “deprives its members of autonomy and independence.”

How to evaluate these proposals? On the one hand, the essence of the Chamber of Regions is that representatives of the constituent entities of the Federation are responsible for the proper representation of the interests of the territory and the positions of regional authorities. On the other hand, arbitrariness and voluntarism in this matter cannot be allowed.

It seems appropriate, without completely abandoning the institution of early termination of powers, used as a form of responsibility, to clearly define in the federal law the conditions for its implementation that correspond to the status of a member of the Federation Council as a legislator. In this regard, it is necessary to establish in the federal law an exhaustive list of grounds for early termination of the powers of a member of the Federation Council and the conditions of responsibility to the subject of the Federation that he represents; as well as the procedure for appealing unlawful, from the point of view of a member of the Federation Council or the chamber as a whole, decisions of the authorities of a constituent entity of the Federation on the early termination of the powers of their representative.

The law must also determine that the grounds for early termination of powers must be documented and contain the necessary motivation, and in the event of a dispute, confirmed in court. When deciding on the early termination of the powers of a member of the Federation Council as a measure of responsibility, it is necessary to take into account the opinion of the Federation Council itself, since it is within the framework of its activities that a member of this chamber manifests himself as a legislator.

Of particular note is the role judiciary in protecting the status of a parliamentarian. In Russia, a positive example of protecting the status of a member of the Federation Council has already been born using the example of the case of the Krasnoyarsk Regional Court invalidating the resolution of the Legislative Assembly (Suglan) of the Evenki Autonomous Okrug dated October 27, 2003, which prematurely terminated the powers of a member of the Federation Council from the Legislative Assembly (Suglan) Evenki Autonomous Okrug N. Anisimov without appropriate legal motivation and without the participation of the member of the Federation Council himself in resolving this issue. The Krasnoyarsk Regional Court, having considered this case, actually created a precedent for the possibility of judicial protection of a member of the Federation Council, however, the expansion of this practice depends on the timely improvement of the federal legislation itself, regulating the procedure for election (appointment) and termination of powers of a member of the Federation Council, as well as his status.

The improvement of federal legislation, carried out in conditions of the inviolability of the very principles of the formation of the upper chamber, should not, it seems, prevent the continuation of the creative search for the optimal option for forming the Federation Council.

In order to be able to decide on the still debatable issue of the formation procedure in the future, choosing the truly best option, it is necessary to decide to conduct a state-legal experiment. It would be advisable to give regions the right to independently determine the procedure for nominating representatives to the Federation Council in 2-3 federal districts. For such an experiment, it would be enough to establish general democratic principles of nomination at the federal level, proposing one or more possible, but optional, options.

One of the likely conclusions of the experiment may be that the subjects of the Federation themselves have the right to determine the procedure for nominating their representatives. I believe that with all the breadth of such rights, the subjects of the Federation will gradually form no more than 2-3 identical models used to nominate their representatives to the Federation Council.

2.4 Bills on the election of members of the Federation Council

The Constitution of the Russian Federation stipulates that “the Federation Council includes two representatives from each subject of the Russian Federation: one each from the representative and executive bodies of state power” (Part 2 of Article 95) and that “the procedure for the formation of the Federation Council and the procedure for electing deputies of the State Dumas are established by federal laws” (Part 2 of Article 96).

The multivariate interpretation of Article 95 of the Constitution has led to the fact that the Federation Council today is the most reformable body of state power, the fate of which has not been finally determined. Over the fourteen years of the existence of the upper chamber, three methods of its formation were tested.

The history of the formation of the Federation Council began with the Regulations on the elections of deputies of the Federation Council of the Federal Assembly of the Russian Federation in 1993, approved by the Decree of the President of the Russian Federation of October 11, 1993. According to the Regulations, the chamber was to be elected directly by the population of the regions. The elections were held on the basis of a majoritarian system in two-mandate electoral districts, which were created within the boundaries of the constituent entities of the Federation. The number of districts corresponded to the number of subjects. In the Regulations, preference was given to the American model of forming the upper house - the election of two representatives from each region. In this case, the voter received the right to vote for two candidates simultaneously.

According to the mechanism for the formation of the upper house, laid down in the Federal Law of December 5, 1995, “”, the upper house of parliament included two representatives from each subject of the Russian Federation: the head of the legislative (representative) and the head of the executive bodies of state power, ex officio.

Five years later, on August 5, 2000, the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” was adopted, which introduced new order formation of the chamber. The third stage of development of the Federation Council was marked by the fact that the chamber included two representatives from each constituent entity of the Russian Federation: one each from the representative and executive bodies of state power.

THE INTRODUCTION of a new procedure for the formation of the Federation Council did not put an end to the discussion about how it should be formed. Existing projects for the formation of the chamber reflect a motley palette of options - from direct elections and graded elections conducted by special electoral colleges (through the nomination of delegates by representative bodies), to various methods of delegation and direct appointment.

The fact that the optimal procedure for forming the Federation Council has not yet been found can be explained by a number of reasons:

Firstly, the Constitution contains contradictory norms. The cited Article 95, on the one hand, says that the Federation Council includes two representatives from each subject of the Federation, i.e. from the citizen community. But further clarification follows: one each from the representative and executive bodies of state power. This apparent contradiction requires interpretation.

Secondly, one of the main reasons lies in the very procedure for changing the procedure for forming the upper chamber. According to Article 96 of the Constitution of the Russian Federation, this issue is regulated at the level of federal law, which, if the positions of the head of state and the majority of deputies of the State Duma coincide, can be adopted without the express approval of the Federation Council.

In order to move away from the “flexible” model of the second chamber, a level of legislative consolidation of the procedure for forming the second chamber is necessary, the change of which requires a broad political consensus and is impossible without the consent of the majority of the subjects of the Federation.

Thirdly, the very procedure for staffing both the first and second chambers of the Russian parliament as a whole has not yet acquired a self-sufficient value and therefore is considered by political subjects (including legislators themselves) as an element of “institutional design”, which, if necessary, , may be subject to radical change 12, p. 19].

Conclusion

In the Russian Federation, the Federal Assembly as the parliament of the republic, consisting of the State Duma and the Federation Council, replaced the “two-tier” mechanism of the highest bodies of state power of the Russian Federation, which included the Congress of People's Deputies and the Supreme Council formed by it.

In the extensive system of state bodies, the Federal Assembly performs various functions.

Firstly, as a body of popular representation, it (its members) represents various segments of the population, as well as the subjects of the Federation. Thus, the Federal Assembly personifies the will of the entire people of Russia, the representation of their common interests and the specific interests of various social, territorial, national, professional and other groups.

Secondly, parliament performs a national legislative function. The Federal Assembly adopts federal constitutional laws, federal laws and laws on amendments to the Constitution of the Russian Federation, which express the agreed will of the people and have, after the Constitution, the highest legal force.

Thirdly, the Federal Assembly and its chambers exercise a decisive role in the supreme management of state affairs. True, Part 3 of Article 80 of the Constitution of the Russian Federation states that the President of the Russian Federation “determines the main directions of the domestic and foreign policy of the state.” At the same time, the same article states that he does this in accordance with the Constitution and federal laws, and such laws are adopted by parliament. Parliament approves the state budget, gives consent to the introduction of a state of emergency, participates in resolving issues related to the status of the subjects of the Federation, discusses the main problems various fields life of society and makes appropriate decisions.

Fourthly, the Federal Assembly or its chambers form or participate in the formation, appointment or dismissal of other supreme and central bodies of the state and officials.

Fifthly, parliament exercises in various, although insufficiently developed forms, limited by the conditions of a semi-presidential, semi-parliamentary republic, parliamentary control over executive authorities, in various areas of state construction, over the execution of the state budget, etc.

The functioning of popular representation is hampered by the absence in modern Russia of any mechanism for the influence of voters on the activities of deputies and other elected officials. After the adoption of the Constitution of the Russian Federation in 1993, the feedback between them was essentially broken. As a result, Russian voters were deprived of the opportunity to influence the activities of their representatives in the process of exercising their legislative and other parliamentary powers.

In the Russian Federation, popular representation as a real manifestation of the people's will, the internal sovereignty of the people today is in a critical situation. This slows down the process of creating a democratic rule of law, formation of an attitude towards a person, his rights and freedoms as the highest value. Although this is precisely the goal set in Article 2 of the Constitution of the Russian Federation.

The most important conditions overcoming this situation is, on the one hand, the intensification of the activities of the state and its bodies to increase the level of political and legal education of the people, expand skills in managing the affairs of the state, and the exercise of other political rights.

Russian President Dmitry Medvedev signed the Federal Law « About making changes to individual legislative acts of the Russian Federation in connection with changes in the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation" . The Federal Law introduces an amendment to the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation”, providing that a candidate for election (appointment) as a representative in the Federation Council can be a citizen of the Russian Federation who is a deputy of the legislative (representative) body of state power of the subject Federation or a deputy of a representative body of a municipal entity located on the territory of the corresponding subject of the Federation.

The federal law excludes the provision on confirmation by the Federation Council of the powers of a new member of the Federation Council. The Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” also excludes the provision on the Chairman of the Federation Council sending to the government body of a subject of the Federation a proposal for the early termination of the powers of a member of the Federation Council.

The federal law comes into force on January 1, 2011. Members of the Federation Council elected (appointed) before the day it enters into force will continue to exercise their powers until the election (appointment) of a new member of the Federation Council - a representative from the same government body.

Glossary

	New concept
	Government body	This component mechanism of the state, which has its own structure, certain powers of an imperious nature to manage a specific sphere of public life and closely interacts with other elements of the state mechanism that form a single whole
	State machine	The system of state bodies with the help of which state power is exercised, the main functions are performed, and the goals and objectives facing the state at various stages of its development are achieved.
	Legislative bodies of state power	These are state bodies formed directly by the people, accountable and responsible to them, authorized by the people and exercising state power in their interests.
	Executive bodies of state power	These are state bodies formed by representative institutions or otherwise that carry out executive and administrative activities.
	Constitutional-legal relationship	This is a social relationship regulated by the norms of constitutional law and generating mutual rights and obligations of its participants in order to regulate relations that are the subject of constitutional law
	State mechanism	This is a system of state bodies designed to exercise state power, tasks and functions of the state
		A system of legal norms regulating the most important social relations on the basis of justice and law
	Honorary titles	Type of state awards
	Legal relations	State-protected social relations that arise as a result of the influence of legal norms on people’s behavior and are characterized by the presence of subjective rights and legal obligations for their participants
	Subjective suffrage	This is a state-guaranteed opportunity for a citizen to elect and be elected to various state and local bodies
		The most important general areas of activity of the head of state, based on his position in the system of government bodies

List of sources used

Regulations

1 Constitution of the Russian Federation (Adopted at the National Referendum) [text] (amendments dated December 30, 2008) // Rossiyskaya Gazeta. 12/25/1993 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

2 Federal Law of the Russian Federation dated August 5, 2000 No. 113-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” [text] // Rossiyskaya Gazeta. 2000. August 8 // Reference and legal system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

3 Federal Law of the Russian Federation of December 5, 1995 No. 192-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” [text] (lost force) // Collection of legislation of the Russian Federation. 12/11/1995. No. 50. Art. 4869 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

4 Federal Law of the Russian Federation dated July 21, 2007 No. 189-FZ “On amending Article 1 of the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” [text] // Rossiyskaya Gazeta. 2007. July 25. No. 4422 // [Electronic resource] - access mode www.rg.ru.

5 Federal Law of the Russian Federation dated October 2, 2008 No. 167-FZ “On Amendments to Article 2 of the Federal Law “On Amendments to Article 1 of the Federal Law “On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation” [text] // Rossiyskaya Gazeta. 2008. October 8. No. 4767 // [Electronic resource] - access mode www.rg.ru.

6 Federal Law of the Russian Federation dated June 14, 1994 No. 5-FZ “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly” [text] (ed. dated October 22, 1999) // Collection of legislation of the Russian Federation. 06/20/1994. No. 8. Art. 801 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

7 Federal Law of the Russian Federation dated January 11, 1995 No. 4-FZ “On the Accounts Chamber of the Russian Federation” [text] (as amended on February 9, 2009) // Collection of legislation of the Russian Federation. 01/16/1995. No. 3. Art. 167 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

8 Federal Law of the Russian Federation dated June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” [text] (as amended on May 12, 2009) // Collection of legislation of the Russian Federation, June 17, 2002. No. 24. Art. 2253 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

9 Decree of the President of the Russian Federation dated October 11, 1993 No. 1626 “On elections to the Federation Council of the Federal Assembly of the Russian Federation” // SAPP RF. 1993. No. 42. Art. 3994 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

10 Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated January 30, 2002 No. 33-SF “On the Regulations of the Federation Council of the Federal Assembly of the Russian Federation” [text] // Collection of legislation of the Russian Federation. 02.02.2002. No. 7. Art. 128 // Legal reference system “Consultant Plus” / Company “Consultant Plus”. [Electronic resource]. Afterbirth. updated 05/14/2009.

Scientific literature

11 Avdeenkova M.P., Dmitriev Yu.A. Constitutional law of the Russian Federation: course of lectures. Part 1. Fundamentals of the theory of constitutional law [text]. - M.: PoligrafOpt, 2004. - 336 p.

12 Elective procedure for the formation of the second chambers of parliaments: world and domestic experience [text] // Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. 2007. No. 23(340).

13 Avakyan S.A.. Constitutional law of Russia [text]. - M.: Yurist, 2007. - 784 p.

14 Baglay M.V. Constitutional law of the Russian Federation [text]: textbook. for universities. - M.: NORM, 2007. - 784 p.

15 Golovistikova A.N., Grudtsyna L.Yu. Constitutional law of Russia in tables and diagrams. - M.: EKSMO, 2008. - 208 p.

16 Kozlova E.I., Kutafin O.E. Constitutional law of Russia [text]. - M.: TK Welby, Prospekt Publishing House, 2008. - 608 p.

17 Constitutional law of Russia [text]: textbook / A.E. Postnikov, V.D. Mazaev, E.E. Nikitina. - M.: TK Welby, Prospect Publishing House, 2008. - 504 p.

18 Kotelevskaya I.V. Modern Parliament [text] // State and Law, 1997, No. 3.

19 Constitutional law of Russia [text]: textbook / Ed. G.N.Komkova. - M.: Yurist, 2006. - 399 p.

20 Krestyaninov E.IN. Procedural features of the Federation Council’s consideration of federal laws subject to its mandatory consideration [text] // State and Law, 1997, No. 9.

21 Constitutional (state) law. T.1-2 [text]: textbook / Responsible editor. B.A. Strashun. - M.: BEK, 2000. - 784 p.

22 Konyukhova I. The present and future of the Federal Assembly [text] // Russian Federation today. 2004. No. 7.

23 Constitutional law of Russia [text]: textbook / Rep. ed. A.N. Kokotov, M.I. Kukushkin. - M.: NORM, 2008. - 544 p.

24 Problems of popular representation in the Russian Federation [text] / Ed. S.A.Avakyan. - M.: Moscow State University Publishing House, 1999. - 191 p.

25 Porokhov M. Federative principles of the legislative process in the Federal Assembly of the Russian Federation [text] // Russian Justice, 1997. No. 4.

26 Smolensky M.B. Constitutional (state) law of Russia [text]: textbook. - M.: MarT, 2008. - 224 p.

Appendix A

Appendix B

Comparative characteristics of bills submitted to the State Duma on the election of members of the Federation Council

Name of the bill ect, law	№ 95801118-1 On the formation of the Federation Council of the Federal Assembly of the Russian Federation	№ 99089342-2 On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation	№ 131496-3 On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation (new procedure for forming the Federation Council of the Federal Assembly of the Russian Federation)	№ 214701-3 On an amendment to the Constitution of the Russian Federation (on changing the procedure for forming the Federation Council)	№ 219958-3 On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation	№ 398859-4 On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation
Subject of the right of legislative initiative	State Deputies Duma N.A. Verveyko, L.N. Zavadskaya, B.I. Zamai, V.B. Isakov, A.I. Lukyanov	State Deputies Duma V.A.Kalyagin, E.B.Mizulina, Yu.P.Ivanov, V.V.Kurochkin, Yu.I.Chunkov, V.L.Sheinis	State Deputies Duma M.E. Bugera, O.V. Morozov	State Duma of the Astrakhan region	State Deputies Duma I.Yu.Artemiev, S.V.Ivanenko, S.S.Mitrokhin	Legislative Assembly of St. Petersburg
Date of entry
Date of last event		05/31/2000 State Duma (first reading) reject the bill	08.07.2004 Council of State Duma (first reading) withdraw the bill from consideration by the State. Duma in connection with the revocation of legislative initiative by the subject of law	01.04.2003 Council of State Duma (preliminary consideration) return the bill to the subject of the right of legislative initiative to fulfill the requirements of the Constitution of the Russian Federation and the Rules of the State Duma	09.07.2004

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

Many representatives of the country's political circles are aware that complete discrediting of parliament could greatly undermine the emerging political and ideological foundations of Russian democracy. If, from the point of view of political significance, parliament today is devalued in the eyes of a significant part of the country's population, then the same cannot be said about its ideological role. 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.

The number of laws adopted by parliament and signed by the President of the Russian Federation in 1995 - 1999 was 741 (of which 5 were Federal Laws); in 1999 - 2003 - 772 (of which 18 are FKZ); from 2004 to October 1, 2005 - 355 (of which 11 are FKZ). According to the ASOZD, as of May 21, 2007, the number of bills, work on which was completed by the State Duma of the Russian Federation of the fourth convocation and signed by the President, is 850 titles Korotkevich V.I. The State Duma of Russia in the past and present // Leningrad Legal Journal. 2005. N 3 (4). P. 51..

However, the performance of lawmaking carried out by the Federal Assembly has drawn criticism in recent years. Legal scholars have drawn attention to the fact that in the activities of the Russian parliament the number of laws with their own (new) subjects has sharply decreased legal regulation and laws on changes and additions made to previously adopted laws became prevalent.

Thus, in the report of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, dedicated to its 80th anniversary (the director of the Institute is Professor T.Ya. Khabrieva), the following data was indicated: “For the period from January 1 to September 30, 2005, the Federal Assembly adopted 115 federal laws, of which only 6% are laws that have their own subject of regulation, and 74% are laws on amendments and additions made to laws, and on the recognition of laws as no longer in force.In 2004, there was a similar situation: out of 226 signed laws - 20 new (8%), 160 (71%) - laws on amendments, suspension, repeal of existing laws" Khabrieva T.Ya. National interests and legislative priorities of Russia // Journal Russian law. 2005. N 12. P. 20..

Experts assess these facts negatively; they point out that there are many areas of social relations not yet covered by legislative influence, and many subjects of public relations interested in adopting new laws and filling “gaps” in the legislative field.

The reasons for the “negativity” that has arisen in lawmaking are obviously related to the imperfection of the legal basis for organizing certain stages of the legislative process in the Parliament of the Russian Federation, due to the insufficient connection of the legislative process with the institutions of civil society and the legal regulation of this process, the factor of weakness of the multi-party system, and the lack of proper accounting mechanisms proposals of opposition party factions in the legislative process and the necessary guarantees in the exercise of the right of legislative initiative by the subjects of the Federation, etc.

The factor of weakness of an effective multi-party system in the Russian Federation, including in the legislative process in the State Duma, and in this regard political competition and, in addition, the need to compensate for the deficit of a multi-party system and competition of political ideas, were probably the reason for the establishment of such a new political institution as the Public Chamber of the Russian Federation: Federal Law No. 32-FZ of April 4, 2005 “On the Public Chamber of the Russian Federation” was adopted on the initiative of the President of the Russian Federation Collection of Legislation of the Russian Federation. 2005. N 15. Art. 1277..

Improving the activities of parliament is ensured not only by external “supports”. Parliament must, first of all, be a self-sufficient institution in its internal quality and internal structure. An analysis of the initial stage of the formation of parliament in Russia and the emerging problems in its functioning require a solution to the issue of “building up” the characteristics of a classic parliamentary institution in the organization of the Federal Assembly.

Goncharov Vitaly Viktorovich - director of the Research Institute for Problems of Globalization, Economics and Civil Society Development, professor of the department of constitutional and municipal law.

The article is devoted to the study of modern problems and prospects for interaction between the Federal Assembly of the Russian Federation and federal executive authorities. According to the author, the formation of a parliamentary majority in the Russian parliament by one party was accompanied by a decrease in the legislative activity of parliamentarians and an increase in the number of bills coming to the Federal Assembly from the government of the country and from the head of state.

Key words: Federal Assembly of the Russian Federation, political party " United Russia", executive authorities, advanced development, innovative state, monopoly, problems, modernization, political system.

Problems and perspectives of interaction between the Federal assembly of the Russian Federation and Federal executive authorities

The article is devoted to the modern problems and perspectives of interaction between the Federal Assembly of the Russian Federation and federal executive authorities. According to the author, the appearance of one party holding the majority of parliament members made parlimanetaries less active in law-making and raised the number of draft laws coming from the Government of the Russian Federation and the Head of the country.

Key words: Federal Assembly of the Russian Federation, political party "United Russia", executive authorities, priority development, innovative state, monopoly, problems, modernization, political system.

The results of the 2007 elections to the State Duma of the Federal Assembly of the Russian Federation were characterized by the fact that the political party "United Russia" received a constitutional majority of votes in the lower house of the Russian parliament. The remaining parliamentary parties (KPRF, A Just Russia, LDPR) are represented by less than 40 percent of parliamentarians<1>. Considering the fact that in the upper house of the country's parliament, supporters of this political party also constitute a constitutional majority, it is obvious that the legislative branch at the federal level operates under the monopoly of the political party "United Russia" on power. This monopoly is aggravated by the fact that the majority of members of the Government of the Russian Federation, including Chairman V.V. Putin are also members of United Russia or take an active part in its work. Moreover, as regional elections in 2008 - 2009 showed, this political party strengthened its position in the eyes of voters<2>.

<1>
<2>Official website of the United Russia party. http://www.edinros.ru.

On the one hand, this indicates an increase in the confidence of ordinary citizens of the country in the activities of United Russia, approval of its domestic and foreign policies, since this political party positions itself as a pro-presidential and pro-government party of real affairs<3>However, on the other hand, such a political monopoly has given rise to a number of problems in the interaction of the Federal Assembly of the Russian Federation with the federal executive authorities.

<3>See: Zvyagelsky R.A., Pekhtin V.A. Pro-presidential means the party of real affairs // Russian lawyer. 2003. N 3. P. 4.

First of all, the number of bills prepared outside the Federal Assembly (in the Government of the Russian Federation and the Administration of the President of Russia) has increased significantly. Due to the fact that the deputies - members of the United Russia party are bound by party discipline, it is obvious that they will not oppose the development of basic laws continuing to be carried out under the auspices of the party leaders (who are the head of state and the head of government). As a result, the functions of the executive and legislative powers are being replaced - the Federal Assembly, designed to engage in lawmaking, in fact, only carries out countersignature of bills prepared in the system of the federal executive power. In this regard, the status of the Federal Assembly as a legislative body of power is falling and the balance in the system of separation of powers laid down in the Constitution of the Russian Federation is being destroyed.

In addition, in the process of preparing and adopting federal laws in the State Duma, the opinions of other parties, especially the opposition ones (KPRF and LDPR), are ignored, since the votes of deputies of these factions do not influence the adoption of a particular bill, including federal constitutional ones laws. However, up to 1/4 of voters in the country voted for these political parties, and ignoring the opinions of opposition parties during the formation legislative framework prevents the full implementation of the principle of democracy.

The current legislation does not have a mechanism that could provide deputies of the State Duma and members of the Federation Council of the Federal Assembly with a certain institutional independence in the development and adoption of laws from federal executive bodies. In this regard, the experience of preparing, adopting and executing the US federal budget and the role of Congress in this process is interesting, which, unlike the Federal Assembly of the Russian Federation, firmly holds in its hands all the levers of financial control over the executive branch, which minimizes the possibility of financial corruption in the system of government bodies and excludes the dependence of parliament in lawmaking on the Government and the Administration of the President of the United States.

So, as noted by V.V. The elective system of execution of the US federal budget has fundamental differences from Russian system in the following:

borrowing of funds is carried out only within the limits established by the US Congress;
budget funds are sent to their recipients exclusively with an indication of their strict purpose and only for strictly regulated and controlled expenses;
budget funds are not transferred to federal departments for their subsequent redistribution, but are transferred directly by the US Treasury through the system of nationwide payment centers directly to performers of work, services, and suppliers of goods;
budget funds are not stored in commercial banks and at the end of the working day the accounts are “reset to zero”. Budget balances may be held in commercial banks solely on collateral with the Federal Reserve System in the amount of debt obligations in securities recognized as liquid by the US Treasury;
licensing of banking activities and control over banking system separated;
in no way, including through the assumption by the US Government of any obligations, can finance expenses not provided for by the laws on the federal budget adopted by Congress;
The United States has never taken loans from international financial institutions or foreign governments to finance deficits;
government borrowing is carried out exclusively on the open market, or by issuing long-term non-marketable securities at a fixed rate, which is always lower than the weighted average rate of long-term government debt securities quoted on the market;
For violations of work with budgetary funds, strict penalties are provided, up to one million dollars for each type of violation, which can also be imposed on bank managers. In addition, such punishment is provided as a ban on a specific person ever in the future to hold positions in financial and credit institutions;
auditing by independent audit firms of the Federal Reserve System (to some extent an analogue of the Central Bank of the Russian Federation)<4>.

<4>See: Vyborny V.V. Organization of the budget process in the USA and Russia (organizational and legal aspects) // Russian Justice. 2007. N 10.

The participation of opposition political parties in legislative activities is also seriously complicated by the inequality of access of parties to the media in order to popularize the bills they are developing. In this regard, public opinion is being formed according to which there is no visible alternative to the bills being developed within the political party "United Russia". And as a result, the actual participation of opposition parties in the legislative activities of the Federal Assembly is reduced to a minimum. Moreover, often the adoption of federal laws is carried out by the lower house of the Russian parliament in an accelerated manner, when the bill goes through all readings within one day, and the opposition parties cannot either properly familiarize themselves with it or reasonably propose amendments to this bill.

The current legislation lacks an effective mechanism for parliamentary control over the work of federal executive bodies. Thus, the powers of the control and accounting bodies of state power represented by the Accounts Chamber of the Russian Federation in terms of implementing effective financial and economic control and assessing the activities of executive authorities seem insufficient.

Currently, at the federal level, the powers of control and accounting bodies are reduced mainly to quantitative and temporary control over the use of state budget funds, expressed, for example, at the federal level: in organizing and monitoring the timely execution of revenue and expenditure items of the federal budget and federal budgets extra-budgetary funds by volume, structure and purpose; assessing their validity and analyzing identified deviations; control over the legality and timeliness of the movement of federal budget funds and funds from federal extra-budgetary funds<5>.

<5>See: Collection of legislation of the Russian Federation. 1995. N 3. Art. 167.

In turn, the capabilities of control and accounting bodies to assess the quality and analyze the effectiveness of the use of budget funds by the system of executive authorities are limited. For example, at the federal level the real qualitative component in financial control is provided by Art. 2 of the Federal Law of January 11, 1995 "On the Accounts Chamber of the Russian Federation" financial examination of draft federal laws, as well as regulatory legal acts of federal government bodies, providing for expenses covered by the federal budget, or affecting the formation and execution of the federal budget and budgets of federal extra-budgetary funds.

It seems that in the current legislation the forms of direct parliamentary control over the federal executive authorities are poorly developed. Thus, the Federal Constitutional Law “On the Government of the Russian Federation” dated December 17, 1997 N 2-FKZ provides for an insufficient number of forms of parliamentary control over the activities of the Government of Russia: resolving the issue of confidence, a vote of no confidence, parliamentary requests and questions, the provision of information by the Government on the progress of execution federal budget, written appeals from committees and commissions of the chambers of the Federal Assembly to members of the Government and heads of federal executive authorities (Articles 37 - 41)<6>, which excludes the possibility of effective parliamentary control based on regular necessary interaction and cooperation with the executive branch.

<6>See: Collection of legislation of the Russian Federation. 1997. N 51. Art. 5712.

Federal Law of December 27, 2005 "On the Parliamentary Investigation of the Federal Assembly of the Russian Federation"<7>supplemented the list of forms of control with the possibility of conducting parliamentary investigations. However, as rightly noted by A.A. Spiridonov, “the effectiveness of the institution of parliamentary investigations will be quite high only if, on the one hand, it can “force” executive authorities to answer for their actions, and on the other hand, not interfere with them in the implementation of their direct functions and tasks. Any democratic state strives for this balance. The effectiveness of parliamentary investigations depends on many factors. Thus, the party component of the political and parliamentary system of the state plays a huge role in carrying out parliamentary investigations. If the party affiliation of the President (or “presidential party patronage” - Russia) coincides, the parliamentary majority and the Government, this institution will not be effective"<8>. It is precisely this situation of coincidence of party affiliations that is currently developing in the Russian Federation.

<7>
<8>See: Spiridonov A.A. General principles of conducting parliamentary investigations in the Russian Federation: current state and prospects for improvement // Russian Justice. 2007. N 3.

It seems that the nature of the powers of the Federal Assembly to exercise parliamentary control both directly over the head of state and over the unified system of executive power as a whole is fictitious. The possibility of control over the Government of the Russian Federation by the State Duma is reliably blocked by Parts 3 and 4 of Art. 117 of the Russian Constitution (threat of its dissolution by the President of the Russian Federation). The procedure for removing the head of state himself from office (Article 93 of the Constitution) is difficult, and attempts to implement it in practice during the reign of the first President of Russia B.N. Yeltsin failed already at the stage of consideration in the State Duma. The current legislation does not contain a single act that would provide for the possibility of at least some control by the Federal Assembly of the activities of the head of state. Moreover, a number of federal laws directly contain a ban on checking the activities of the President of the country, for example, according to Part 2 of Art. 4 of the Federal Law of December 27, 2005 “On the Parliamentary Investigation of the Federal Assembly of the Russian Federation” the activities of the head of state are not subject to parliamentary investigation<9>.

<9>See: Collection of legislation of the Russian Federation. 2006. N 1. Art. 7.

However, in this case, it is not clear how the State Duma will be able to detect the provisions mentioned in Part 1 of Art. 93 of the Constitution of the Russian Federation signs of a crime in the actions of the President of the Russian Federation, and such complex and dangerous ones as high treason (and other serious ones), without conducting investigations.

Effective interaction and cooperation of the Federal Assembly and the head of state is also hampered by the presence of a number of competing powers: a) in the field of so-called “decree rule-making”, due to the absence in the Constitution of the country and the current legislation of a clear delineation of what legal relations can be resolved only at the level federal laws, and which by decrees and orders of the President of Russia (the current Basic Law stipulates in some detail only the cases when federal constitutional laws must be adopted). This situation is aggravated by the fact that disputes about competence between the Federal Assembly and the head of state must be resolved on the basis of Art. 125 of the Constitution only by the Constitutional Court of Russia, which actually legalized the “decree lawmaking” of the head of state, citing the presence of hidden powers provided for by Art. 80 Constitution<10>. Such acts of the President of the Russian Federation, dubious from the point of view of constitutionality and legality, serve as the basis for the adoption of a mass of by-laws of the Government of the Russian Federation, ministries and departments, as well as regional rule-making; b) regarding dismissal from the post of the Prosecutor General of the Russian Federation. Thus, provided for in Part 1 of Art. 102 of the Russian Constitution, the unlimited right of the Federation Council of the Federal Assembly of the Russian Federation to dismiss the Prosecutor General of the Russian Federation from office with the light hand of the Constitutional Court of the Russian Federation is now exercised exclusively by the President of Russia<11>. Moreover, the head of state has also arrogated to himself the authority to appoint persons acting as the Prosecutor General of the country, although it would be extremely logical for this to be carried out by the Federation Council of the Federal Assembly, which is authorized to appoint the Prosecutor General of Russia himself.

<10>See: Resolution of the Constitutional Court of the Russian Federation of April 30, 1996 N 11-P “On the case of verifying the constitutionality of clause 2 of the Decree of the President of the Russian Federation of October 3, 1994 “On measures to strengthen the unified system of executive power in the Russian Federation” and p. 2.3 Regulations on the head of the administration of a territory, region, federal city, autonomous region, autonomous district of the Russian Federation, approved by the said Decree" // Collection of Legislation of the Russian Federation. 1996. N 19. Art. 2320.
<11>See: Resolution of the Constitutional Court of the Russian Federation of December 1, 1999 N 17-P “On the dispute about the competence between the Federation Council and the President of the Russian Federation regarding the ownership of the authority to issue an act on the temporary removal of the Prosecutor General of the Russian Federation from office in connection with the initiation of criminal case" // Collection of legislation of the Russian Federation. 1999. N 51. Art. 6364.

Due to the presence of a number of problems in ensuring effective interaction between the Federal Assembly and federal executive bodies, it appears that the institutions of direct democracy are poorly developed in the country, for example, the recall of deputies of the State Duma and members of the Federation Council of the Federal Assembly, as well as senior executive officials by voters. Moreover, this is impossible to do with regard to deputies of the State Duma under the existing party election system, because the entire composition of deputies is elected by a list throughout the country. Thus, existing system elections of deputies of the State Duma does not allow to personify the political responsibility of deputies.

In order to resolve these problems of interaction between the Federal Assembly of the Russian Federation and federal executive authorities, it is necessary to develop and implement a number of consistent measures.

First of all, it is necessary to develop and enshrine in the Constitution of the Russian Federation and the current legislation a certain mechanism that ensures the independence of the Federal Assembly from federal executive bodies and its independence in carrying out legislative activities. For example, it is necessary to give the State Duma the right to independently develop a draft federal law on the federal budget (albeit with mandatory approval by the Government of the Russian Federation), which will allow, on the one hand, the parliament as a government body elected directly by the population to independently carry out budget lawmaking, and on the other On the other hand, it will encourage the Government of the country to prepare higher-quality federal budget projects on a competitive basis, for which it is worth making appropriate changes to Part 1 of Art. 114 of the Constitution of the Russian Federation and current legislation. In addition, it is necessary to enshrine in the Basic Law of the country the right of the State Duma to present to the head of state candidates for the post of Chairman of the Government of the Russian Federation, as well as the right of the State Duma and the Federation Council to elect the Chairman of the Central Bank of the Russian Federation and the Prosecutor General of Russia from independently selected alternative candidates<12>.

<12>See: Goncharov V.V., Zhilin S.M. Problems of interaction and improvement of presidential and legislative (representative) power in the Russian Federation // Modern law. 2010. N 2.

As rightly suggested by V.E. Usanov, it is necessary to establish, as a form of parliamentary control over the Government, the parliamentary principle of forming the Government of the Russian Federation, when the President will approve candidates proposed by the State Duma for the post of Chairman of the Government of Russia<13>.

<13>See: Usanov V.E. Separation of powers as the basis of the constitutional system and its role in the formation of parliamentarism in modern Russia // State and Law. 2005. N 12. P. 21.

It is necessary to vest control and accounting bodies at the federal level with real powers to prevent and suppress the ineffective use of federal budget funds and state extra-budgetary funds (for example, to submit proposals to the federal executive authorities on eliminating the causes and conditions that give rise to and contribute to a decrease in the level of executive discipline in terms of ineffective use of funds from the federal budget and state extra-budgetary funds, by filing lawsuits and applications in court regarding the recognition as illegal of acts and actions of officials of federal executive bodies that resulted in ineffective use of budget funds).

It is necessary to enshrine in the current legislation on the media their obligation to equally carry out the legislative activities of all political parties represented in the Federal Assembly of the Russian Federation.

It is necessary to strengthen the ability to exercise public control over federal executive and legislative (representative) authorities, for example, by enshrining in the current legislation the possibility of voters recalling deputies of the State Duma, members of the Federation Council and other senior officials of government bodies in the event of the people losing confidence in these persons and implemented by them public policy <14>. In order to personify responsibility, the procedure for electing deputies to the State Duma and staffing the Federation Council of the Federal Assembly of the country also requires adjustment. Thus, we should return to the practice of electing State Duma deputies in single-mandate constituencies, as well as staffing the Federation Council with deputies elected directly by the population.

<14>See: Goncharov V.V., Kovaleva L.I. On the institutions of public control of the executive branch in the Russian Federation // Power. 2009. N 1. P. 72 - 75.

Bibliography

[Electronic resource]. Access mode: http://www.wikipedia.ru.
Official website of the United Russia party. [Electronic resource]. Access mode: http://www.edinros.ru.
Zvyagelsky R.A., Pekhtin V.A. Pro-presidential means the party of real affairs // Russian lawyer. 2003. N 3.
Vyborny V.V. Organization of the budget process in the USA and Russia (organizational and legal aspects) // Russian Justice. 2007. N 10.
Spiridonov A.A. General principles of conducting parliamentary investigations in the Russian Federation: current state and prospects for improvement // Russian Justice. 2007. N 3.
Goncharov V.V., Zhilin S.M. Problems of interaction and improvement of presidential and legislative (representative) power in the Russian Federation // Modern law. 2010. N 2.
Usanov V.E. Separation of powers as the basis of the constitutional system and its role in the formation of parliamentarism in modern Russia // State and Law. 2005. N 12.
Goncharov V.V., Kovaleva L.I. On the institutions of public control of the executive branch in the Russian Federation // Power. 2009. N 1.

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Problems of formation and activities of the Federation Council of the Federal Assembly of the Russian Federation

Introduction
1. Federal Assembly - Parliament of the Russian Federation
2. Problems of activity of the Federation Council of the Federal Assembly of the Russian Federation
3. Federation Council of the Federal Assembly of the Russian Federation
4. Problems of the formation and activities of the Federation Council
Conclusion
Bibliography

Introduction

State power is a system of special social relations and activities of state bodies, which is carried out through forms and methods established by law and is aimed at creating a democratic regime in society, protecting the rights and freedoms of man and citizen and ensuring effective government administration and control. The central place in matters of public administration is occupied by the principle of separation of powers, the purpose of which is to create an effective mechanism for the functioning of government bodies, ensuring the safety of citizens from arbitrariness and abuse of power, and political freedoms.

In accordance with the concept of separation of powers, the first place among the branches of government belongs to the representative (legislative) power. The executive and judicial branches of government, although they have their own sphere of activity, act on behalf of and in pursuance of the law.

The Constitution of the Russian Federation establishes: "The Federal Assembly - the parliament of the Russian Federation - is the representative and legislative body of the Russian Federation." As a representative body, the Federal Assembly represents the interests of not only the population living in the country, but also government bodies formed by the population of the constituent entities of the Russian Federation. The legislative body - the Federal Assembly - passes laws, determines the regulatory framework for the activities of government bodies, participates in the formation of the Government of the Russian Federation, influences the activities of the executive branch through parliamentary means, and participates in the creation of judicial bodies of the state.

The relevance of this topic is due to the fact that the Federal Assembly is the representative and legislative body of the Russian Federation.

The representative nature of the Federal Assembly has different shapes manifestations: the State Duma personifies the direct representation of the population, the Federation Council - special form representative offices, territorial. The Federation Council can rightly retain its role as a spokesman for the interests of the population, identified and mediated by regional government bodies. The Federation Council is a participant in the system of relations of indirect popular representation.

The purpose of this course work is to comprehensively study the features of the development and functioning of the Federal Assembly of the Russian Federation and the Federation Council of the Federal Assembly of the Russian Federation.

Based on the goal set in the work, the following tasks were formulated and resolved.

1) Define and consider in detail the structure, organization and powers of the Federal Assembly of the Russian Federation

2) Consider the structure and activities of the Federation Council of the Federal Assembly of the Russian Federation.

3) Consider the problems of the formation and activities of the Federal Assembly of the Russian Federation and the Federation Council of the Russian Federation and ways of improvement.

1. Federal Assembly - Parliament of the Russian Federation

The Federal Assembly of the Russian Federation, according to Chapter 5 of the Constitution, is a representative and legislative body, and its main strategic function is the adoption of federal laws and federal constitutional laws. Deputies of the State Duma and members of the Federation Council independently have the right of legislative initiative. The procedure for the activities of the chambers of the Federal Assembly is determined by their regulations Malanych I.N. Institute of State Strategy in Constitutional Law // Constitutional and Municipal Law. - 2007 - No. 13.

Parliament as a state legal institution has a centuries-old history. The first parliaments (English parliament, Spanish Cortes) arose in the 12th century. XIII centuries. However, the history of modern parliament as a national representative institution, different from the estate representative institutions of feudal times, begins with the era of bourgeois revolutions, after the victory of which parliament becomes the most important organ of the state. It was then that parliamentarism took shape and became widespread - a special system of state management of society, which is characterized by the division of legislative and executive labor with a significant political and ideological role for parliament.

Parliament and parliamentarism are interrelated concepts, but not equivalent. Parliamentarism cannot exist without parliament. At the same time, parliament can exist without essential elements parliamentarism, which may be lost. Among these most important elements of parliamentarism are, first of all, the separation of powers, representativeness and legitimacy.

Particular emphasis should be placed on representativeness, since only in conditions of democratic self-determination of the people does parliament acquire the character of a democratically legitimized people's assembly, fundamentally different from the board of advisers of the feudal overlord or the body of corporate class representation of a later period, and from the representative institutions of the socialist state. The presence of this kind of people's assembly allows us to talk about parliamentary democracy as a form of state based on the principle of popular sovereignty.

The Federal Assembly (Parliament) of Russia, as is known, was established on the basis of the initiative formulated in the Decree of the President of the Russian Federation of September 21, 1993 “On phased constitutional reform in the Russian Federation”, in connection with the adoption of the Constitution of the Russian Federation of December 12, 1993. During its activity, the Parliament of the Russian Federation has done a large amount of legislative work.

In Art. 94 of the Constitution of the Russian Federation states that the Federal Assembly is the representative body of the Russian Federation. This establishes that the form of the state is representative, i.e. mediated by elections, parliamentary democracy, 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. This 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.

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

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, often referred to as the upper house, consists of members representing all subjects of the Russian Federation. The Federation Council is called upon to express the interests of localities, regional opinions and aspirations. At the same time, the Federation Council is a state body of the entire Federation. Its decisions and other expressions of will are addressed not to one or another constituent entity of the Russian Federation, but to the state as a whole, i.e. all over Russia.

Before the adoption of the new Constitution in the Russian Federation, there was a bicameral highest representative body of state power - the Supreme Council. However, in reality it functioned as a unicameral body, since most of the competence Supreme Council was carried out jointly by both chambers, and a very serious role was played by bodies common to the entire Supreme Council: the Chairman of the Supreme Council and the Presidium of the Supreme Council.

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

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

However, the performance of lawmaking carried out by the Federal Assembly has drawn criticism in recent years. Legal scholars have drawn attention to the fact that in the activities of the Russian parliament the number of laws with their own (new) subjects of legal regulation has sharply decreased and laws on changes and additions made to previously adopted laws have become predominant.

3. Federation Council of the Federal Assembly of the Russian Federation

According to Part 2 of Art. 95 of the Constitution, the Federation Council includes two representatives from each subject of the Russian Federation: one each from the representative and executive bodies of state power. In Part 2 of Art. 96 of the Constitution states that the procedure for forming the Federation Council is established by Federal Law.

The first composition of the Federation Council, formed in 1993, was elected in accordance with the Regulations on the elections of deputies of the Federation Council of the Federal Assembly of the Russian Federation in 1993, approved by the Decree of the President of the Russian Federation of October 11, 1993.

According to this Regulation, elections of deputies of the Federation Council were carried out by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot. The right to elect deputies of the Federation Council belonged to every citizen of the Russian Federation who has reached the age of 18. A citizen of the Russian Federation who has reached the age of 21 can be elected as a deputy of the Federation Council.

Two deputies from each constituent entity of the Russian Federation were elected to the Federation Council on the basis of a majoritarian system in dual-mandate (one district - two deputies) electoral districts formed within the administrative boundaries of the constituent entities of the Russian Federation.

The organization and conduct of elections of deputies of the Federation Council were carried out by the Central Election Commission for elections to the State Duma, approved by the Decree of the President of the Russian Federation of September 29, 1993, district election commissions for elections of deputies of the Federation Council, formed by the Central Election Commission, as well as precinct election commissions deputies of the Federation Council, which were precinct election commissions formed in accordance with the Regulations on the elections of deputies of the State Duma in 1993, approved by the Decree of the President of the Russian Federation of October 1, 1993.

In accordance with the “Final and Transitional Provisions” of the Constitution of the Russian Federation, the Federation Council of the first convocation, formed in 1993, was elected for a term of two years.

Thus, the procedure for electing the first Federation Council was an exception to general principle formation of this chamber, established by Art. 95 and 96 of the Constitution of the Russian Federation.

On December 5, 1995, the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” was adopted. According to this Law, the Federation Council included two representatives from each subject of the Federation: the head of the legislative (representative) and the head of the executive body of state power, ex officio. In a bicameral legislative (representative) body of a subject of the Russian Federation, its representative to the Federation Council is determined by a joint decision of both chambers.

In accordance with the Federal Law of August 5, 2000 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation,” the Federation Council of the Federal Assembly of the Russian Federation includes two representatives from each subject of the Russian Federation: one each from the legislative (representative) and executive bodies of the state authorities of the constituent entity of the Russian Federation.

A citizen of the Russian Federation who is at least 30 years old and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies, may be elected (appointed) as a member of the Federation Council.

A member of the Federation Council - a representative from the legislative (representative) body of state power of a subject of the Russian Federation is elected by the legislative (representative) body of state power of a subject of the Russian Federation for the term of office of this body, and when a legislative (representative) body of a subject of the Russian Federation is formed by rotation - for the term of office once elected deputies of this body.

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

A decree (resolution) on the appointment of a representative in the Federation Council from the executive body of state power of a subject of the Russian Federation comes into force if, at a regular or extraordinary meeting of the legislative (representative) body of state power of a subject of the Russian Federation, two thirds of the total number of its deputies do not vote against the appointment of this representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation.

Decisions on the election (appointment) of members of the Federation Council are sent to the Federation Council by the state authorities of the constituent entities of the Russian Federation that adopted them no later than five days after the entry into force of these decisions.

According to the new Law, the election (appointment) of all members of the Federation Council must be completed no later than January 1, 2002.

Members of the Federation Council - ex-officio representatives from the constituent entities of the Russian Federation in the Federation Council will continue to exercise their powers after the entry into force of the new law until the decisions on the election (appointment) of members of the Federation Council - representatives from legislative (representative) and executive bodies enter into force state authorities of the relevant constituent entities of the Russian Federation.

From the date of entry into force of decisions on the election (appointment) of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation, the powers of members of the Federation Council - ex-officio representatives from the relevant constituent entities of the Russian Federation are terminated.

According to Art. 102 of the Constitution, the jurisdiction of the Federation Council includes approval of changes in borders between the constituent entities of the Russian Federation; approval of decrees of the President of the Russian Federation on the introduction of martial law and a state of emergency; resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside its territory; calling elections for the President of the Russian Federation; removal of the President of the Russian Federation from office; appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation; appointment and dismissal of the Prosecutor General of the Russian Federation.

In accordance with Art. 101 of the Constitution, the Federation Council and the State Duma form the Accounts Chamber, the composition and procedures of which are determined by the Federal Law of January 11, 1995 “On the Accounts Chamber of the Russian Federation”. The Federation Council appoints and dismisses the Deputy Chairman of the Accounts Chamber and half of its auditors. The Federation Council appoints judges of the Economic Court of the Commonwealth of Independent States.

In accordance with Art. 21 of the Resolution of the Federation Council "On the Rules of Procedure of the Federation Council of the Federal Assembly of the Russian Federation" the Federation Council considers proposals from the President of the Russian Federation and prepares a conclusion on the appointment or recall of diplomatic representatives of the Russian Federation in foreign states and international organizations.

The activities of the Federation Council are based on the principles of collective free discussion and resolution of issues. The main form of work of the Federation Council is its meetings, held openly. In cases provided for by the Rules of Procedure of the Federation Council, the chamber has the right to hold closed meetings.

The Federation Council elects from among its members the Chairman of the Federation Council and his deputies by secret ballot. The chairman and his deputies cannot be representatives of one constituent entity of the Russian Federation.

To ensure prompt and collegial discussion of urgent issues of the activities of the Federation Council related to its ongoing functioning, the Council of the Chamber is formed, which is a permanent collegial body of the Federation Council.

It consists of the Chairman of the Federation Council, his deputies, chairmen of the committees of the Federation Council and the Commission on Rules and Parliamentary Procedures.

The Chairman of the Federation Council, in particular, submits the draft agenda of its meeting for consideration by the Council of the Chamber; organizes the work of the Chamber Council; chairs the meeting of the chamber; signs resolutions of the Federation Council; convenes, including at the proposal of the President of the Russian Federation, the Government of the Russian Federation, a subject of the Russian Federation or at the proposal of a committee of the Federation Council, a group of members of the Federation Council numbering at least one fifth of the total number of its members, outside next meeting chambers; is in charge of the internal regulations of the chamber’s activities; sends for consideration to the relevant committees of the Federation Council laws adopted by the State Duma, as well as bills that are expected to be submitted to the State Duma; sends to the President of the Russian Federation for signing and publication federal constitutional and federal laws adopted by the State Duma, after their approval by the Federation Council; resolves issues of distribution of responsibilities between his deputies; represents the chamber in relations with government bodies of the Russian Federation, constituent entities of the Russian Federation, public associations, as well as with parliaments of foreign countries; resolves other issues of organizing the activities of the Federation Council.

Deputy Chairmen replace the Chairperson in his absence, and also exercise other powers on issues of internal regulation of the chamber’s activities in accordance with the distribution of responsibilities between them.

The Chairman of the Federation Council and his deputies may be dismissed from their positions by a decision of the Federation Council adopted by a majority of at least two-thirds of the total number of members of the chamber.

Meetings of the Federation Council are held in Moscow. By decision of the Federation Council, the location of meetings may be changed.

By decision of the chamber, representatives of government bodies, public associations, scientific institutions, independent experts, scientists and other specialists are invited to its meetings to provide the necessary information and conclusions on issues considered by the Federation Council. The presence of media representatives at open sessions of the chamber is regulated by the Press Service of the Federation Council.

Deputies of the State Duma and members of the Government of the Russian Federation have the right to attend open meetings of the Federation Council.

Extraordinary meetings of the Federation Council may be convened at the proposal of the President of the Russian Federation, the Chairman of the Federation Council, the Government of the Russian Federation, a constituent entity of the Russian Federation, committees of the Federation Council, or at the proposal of at least one third of the total number of members of the Federation Council.

A meeting of the Federation Council is considered competent if more than half of the total number of members of the chamber are present. Members of the Federation Council are required to attend its meetings.

Messages and addresses of the President of the Russian Federation are subject to priority consideration at a meeting of the Federation Council; amendments to ch. 3 - 8 of the Constitution of the Russian Federation; draft federal constitutional laws approved by the State Duma; federal laws adopted by the State Duma and subject to mandatory consideration by the Federation Council in accordance with Art. 106 of the Constitution; draft resolutions of the Federation Council on issues within its jurisdiction by the Constitution (Part 1, Article 102); proposals to revise the provisions of Ch. 1, 2 and 9 of the Constitution of the Russian Federation; proposals to forward requests from the Federation Council to the Constitutional Court of the Russian Federation; federal laws adopted by the State Duma on issues of ratification and denunciation of international treaties of the Russian Federation.

The general course of the meeting of the chamber is led by the presiding officer. He has no right to comment on the speeches of members of the Federation Council. If the presiding officer considers it necessary to take part in the discussion of any issue, he, having received the floor, transfers the functions of the presiding officer until a decision is made on the issue under discussion to another presiding officer.

Work in the Federation Council is conducted in Russian. A member of the Federation Council who wishes to speak in another language of the peoples of the Russian Federation shall notify the presiding officer at least 24 hours in advance. This presentation is provided with a translation into Russian.

At meetings of the Federation Council, the following main types of speeches are provided: report, co-report, concluding remarks, speech of a candidate for an elective position, speeches in the debate on the candidacy under discussion, on the reasons for voting, on the order of the meeting, as well as proposals, certificates, information, statements, appeals .

Decisions of the Federation Council are made at its meetings by open or secret voting. Open voting may be by roll call. Voting is carried out using an electronic vote counting system, without using an electronic system, by ballots and by polling. A decision is considered adopted if more than half of the total number of members of the Federation Council votes for it, unless otherwise provided by the Constitution of the Russian Federation and the Rules of Procedure of the Federation Council.

a) the total number of members of the Federation Council is 178 people;

b) the number of members present at the meeting - the number of members of the Federation Council who registered during the last registration before the voting;

c) the number of members of the Federation Council who took part in the voting - the number of members of the Federation Council who voted “for” and “against” on this issue, as well as abstained;

A decision on a procedural issue can be made without voting if none of the members of the Federation Council present at the meeting objects to its adoption.

The Federation Council creates the Apparatus, which consists of the Secretariat of the Chairman of the Federation Council, the secretariats of the Deputy Chairmen of the Federation Council, divisions of legal, information, analytical, organizational, documentation and financial and economic support, the personnel service, the apparatus of committees of the Federation Council, the commission on regulations and parliamentary procedures, other departments.

The main tasks of the Staff of the Federation Council are legal, information-analytical, organizational, documentation and financial and economic support for the activities of the Federation Council and its bodies, members of the Federation Council; legal and organizational support for conciliation procedures used to resolve disagreements between the Federation Council and the State Duma, the President of the Russian Federation, the Government of the Russian Federation, as well as inter-parliamentary relations.

The structure and staffing of the Staff of the Federation Council are approved by a resolution of the chamber.

The first law that determined the procedure for forming the Federation Council was Federal Law No. 192-FZ of December 5, 1995 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation.” He completely excluded the possibility of electing members of this house of parliament. The Law made a kind of clarification about who is the representative of the constituent entity of the Russian Federation in the Federation Council. “The Federation Council... includes two representatives from each subject of the Russian Federation: the head of the legislative (representative) and the head of the executive bodies of state power...” (Article 1). In subjects where bicameral legislative (representative) bodies have been created, a representative of the corresponding legislative (representative) body in the Federation Council is determined by a joint decision of both chambers (Article 2). Thus, a precedent was created for clarifying the constitutional norm (Part 2 of Article 95 of the Constitution of the Russian Federation) by federal law, which, in our opinion, cannot be considered legitimate.

After the adoption of Federal Law N 192-FZ, a completely new procedure for forming the Federation Council arose, which was fundamentally different from the elections of the first composition of the Federation Council. It legalized the participation of the heads of the highest executive bodies of the constituent entities of the Russian Federation in the activities of parliament. This, in our opinion, contradicted what was enshrined in Art. 10 of the Constitution of the Russian Federation to the principle of separation of powers, which excludes interference of one government body in the activities of another. Meanwhile, this was obvious. The heads of the highest executive authorities of the constituent entities of the Russian Federation, being members of the Federation Council, certainly actively influenced both the activities of their colleagues in the chamber and the deputies of the State Duma. It should also be noted that the established procedure for the formation of the Federation Council narrowed the scope of the principle of democracy, since the people were deprived of the opportunity to send their representatives to one of the chambers of parliament. In our opinion, only such political and legal reforms are advisable as those that expand the possibilities for the implementation of democracy and strengthen the guarantees that the principle of democracy is taken into account in the activities of the Russian state. This did not happen in this case. This allows us to conclude that Federal Law No. 192-FZ of December 5, 1995 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” did not contribute to the development of democratic principles. It became invalid due to the adoption of a new law.

The principles of separation of powers and democracy were not fully taken into account in Federal Law No. 113-FZ of August 5, 2000 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation,” which “replaced” Federal Law No. 192-FZ. Not fully because the highest officials of the constituent entities of the Russian Federation were removed from the Federation Council, but instead their representatives I.V. Grankin became members of this chamber. Constitutional and legal regulation of the formation of the chambers of the Federal Assembly of the Russian Federation and ways to improve it // Journal of Russian Law. - 2005. - No. 8.

The procedure for forming the Federation Council is a subject of discussion among legal scholars.

Despite the relative diversity of proposals to improve the formation of the Federation Council, the largest number of them are associated with direct elections of members of the Federation Council.

From our point of view, the position of a number of constituent entities of the Russian Federation, as well as politicians and legal scholars who propose introducing direct elections of members of the Federation Council, is promising. Among these, in addition to those mentioned above, is former Chairman of the Federation Council E.S. Stroev. He considers it preferable to move to popular election of members of the “chamber of regions.” At the same time, it allows them to be elected by special electoral colleges rather than by direct elections. In the proposals to the preamble and chapters 3 - 8 of the Constitution of the Russian Federation, M.A. Krasnov and G.A. Satarov recommended that two representatives to the Federation Council from the constituent entities of the Russian Federation be elected and recalled by the population on the proposal of the legislative body and the head of the executive branch, respectively. It also seems possible to us to elect members of the Federation Council by the population of the relevant constituent entities of the Russian Federation. Such an order would contribute to a more complete implementation of Art. 3 of the Constitution of the Russian Federation, in which free elections are proclaimed as the highest direct expression of the power of the people. In this case, one should proceed not from the formal equality of the subjects, but to ensure their representation in the Federation Council, taking into account the number of voters living in them. This can be achieved if a differentiated approach to the representation of constituent entities of the Russian Federation in the Federation Council is established at the federal level. Thus, in regions where less than a million people live, two representatives could be elected. For subjects with the number of voters up to three million, representation could be four people, over three million - six deputies. Quantitative indicators, of course, may be different, but they must necessarily be linked to the size of the population living in the constituent entities of the Federation. Such an approach to the formation of the Federation Council would not only make it possible to reflect the interests of the constituent entities of the Russian Federation in parliament, but would also ensure the priority of the interests of voters during its formation. This, in our opinion, is very important, since, first of all, parliament should be a body of representation of the people Grankin I.V. Constitutional and legal regulation of the formation of the chambers of the Federal Assembly of the Russian Federation and ways to improve it // Journal of Russian Law. - 2005. - No. 8.

Candidate of Legal Sciences Grankin I.V. also notes that “to organize direct elections of members of the Federation Council, there will be no need to amend Part 2 of Article 95 of the Constitution of the Russian Federation if candidates for this chamber are proposed by the legislative and supreme executive bodies of state power of the constituent entities RF. After all, parliamentarians elected on the recommendation of the legislative bodies, as well as parliamentarians elected on the recommendation of the executive bodies, will, accordingly, be their representatives in the Federation Council. At the same time, the elected representatives will also be full-fledged representatives of the constituent entities of the Russian Federation, since they will receive the mandates of parliamentarians from the population... Indeed, post-Soviet electoral legislation ensured the formation and development of Russian parliamentarism, the competition of candidates for deputies, and created conditions for voters to actually choose a deputy from several candidates. However, this does not exclude the need for its further development. The main purpose electoral legislation is seen as creating conditions for the development of the Russian parliament as a body of genuine popular representation. Therefore, after solving the problems caused by the need to strengthen political parties, it would be necessary to return to the election of deputies of the State Duma directly by citizens of the Russian Federation in single-mandate electoral districts or restore the mixed electoral system... To ensure the stability of the regulation of electoral legal relations, it would be necessary to include in the Constitution of the Russian Federation an additional chapter “Electoral system ". This would help strengthen constitutional guarantees for the implementation of the right of citizens of the Russian Federation to elect and be elected, and, consequently, improve the activities of the Russian parliament and the development of democracy Grankin I.V. Constitutional and legal regulation of the formation of the chambers of the Federal Assembly of the Russian Federation and ways to improve it // Journal of Russian Law. - 2005. - No. 8.

Conclusion

federation power parliament citizen

The Federal Assembly - the Russian parliament - is a representative and legislative body. It consists of two chambers - the Federation Council and the State Duma. Meetings of the chambers are held separately; they deal with different issues. Thus, federal laws are adopted by the State Duma. The Federation Council only approves or rejects them. Among the powers of both chambers of the Federal Assembly are issues of forming the highest bodies of state power. Thus, the Federation Council, on the recommendation of the President, appoints judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, and the Prosecutor General of the Russian Federation. The State Duma gives consent to the President to appoint the Chairman of the Government. Chairman of the Central Bank of the Russian Federation, etc.

The Federation Council is the chamber of the Federal Assembly, reflecting the federal structure of the Russian state and designed to express the interests of the constituent entities of the Russian Federation. The Federation Council includes two representatives from each of the constituent entities of the Russian Federation: one from the executive branch, the second from the legislative branch. Moreover, these representatives are elected legislative assemblies subjects on the recommendation of the President of the Russian Federation.

The exclusive jurisdiction of the Federation Council includes: approval of changes in borders between the constituent entities of the Russian Federation; approval of the Presidential decree O the introduction of martial law, as well as the introduction of a state of emergency; calling elections for the President of the Russian Federation.

In the Russian Federation, popular representation as a real manifestation of the people's will and the internal sovereignty of the people is currently in a critical situation. This slows down the processes of creating a democratic state governed by the rule of law, and the formation of an attitude towards a person, his rights and freedoms as the highest value. Although this is precisely the goal set in Art. 2 of the Constitution of the Russian Federation.

The most important conditions for overcoming this situation are, on the one hand, the intensification of the activities of the state and its bodies to increase the level of political and legal education of the people, expand skills in managing the affairs of the state, and the exercise of other political rights.

Bibliography

1. Constitution of the Russian Federation December 12, 1993 // Rossiyskaya Gazeta dated April 29, 1994;

2. Federal Law of April 4, 2005 N 32-FZ “On the Public Chamber of the Russian Federation” Collection of legislation of the Russian Federation. 2005. N 15. Art. 1277;

3. Baglay, M.V. Constitutional law of the Russian Federation: textbook. manual for universities / M.V. Baglay. - 5th ed., rev. and additional - M.: Norma, 2006. - 784 p.

4. Bogacheva N.I. Parliament of Russia. The State Duma. Federal Assembly of the Russian Federation - M.: Development, 2005.- 218 p.;

5. Bulakov O.N. Parliamentary law: textbook. manual / ed. Yu.A. Dmitrieva. - M.: Lawyer, 2002. - 128 p.;

6. Grankin I.V. “Constitutional and legal regulation of the formation of the chambers of the Federal Assembly of the Russian Federation and ways to improve it” // Journal of Russian Law. - 2005. - No. 8;

7. Grankin I.V. Regulatory regulation of the activities of the chambers of the Federal Assembly of the Russian Federation // Journal of Russian Law. -2003.- No. 1;

8. Kashanina T.V., Kashanin A.V. Fundamentals of Russian law: Textbook for universities. - 3rd ed., revised. and additional - M.: Publishing house NORMA, 2006. - 784 pp.;

9. Kozlova E.I., Kutafin O.E. Constitutional law of Russia: textbook - M.: TK Velby, Prospekt Publishing House, 2007.- 608 pp.;

10. Korotkevich V.I. “The State Duma of Russia in the past and present” // Leningrad Law Journal. 2005. N 3 (4);

11. Lyubimov A.P. Commentary on the Constitution of the Russian Federation: interpretation and interpretation of the Constitution of the Russian Federation in decisions of the Constitutional Court of the Russian Federation / A.P. Lyubimov. - M.: Exam, 2005. - 655 pp.;

12. Malanych I.N. "Institute of State Strategy in Constitutional Law" // Constitutional and Municipal Law. - 2007 - No. 13;

13.Mukhaev R.T. Legal foundations of the Russian state: textbook - M.: UNITI-DANA, 2007. - 351 pp.;

14. Hovsepyan Zh. Parliament as the basis of a democratic constitutional system (problems and prospects for development in the Russian Federation) // Comparative Constitutional Review. - 2007. - No. 2;

15. Fundamentals of public authorities in Russia: a textbook for university students / B.N. Gabrichidze et al. - M.: UNITY-DANA, Law and Law, 2008.- 351 p.;

16. Khabrieva T.Ya. National interests and legislative priorities of Russia // Journal of Russian Law. 2005. No. 12;

17. Chirkin V.E. Constitutional law of Russia: textbook - M.: Yurist, 2006.- 447 p.

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Improving the constitutional and legal foundations of the status of the Federal Assembly: problem statement

Interest in the ideas of parliamentarism and parliament objectively increases in situations of turning point, when we're talking about on the choice of a new model for the development of the country and society. In such conditions, it is the parliament that becomes the key platform where the interests of various public groups are ultimately coordinated regarding the strategy and goals of reforms. And at the same time, effective legal support for the country’s new development model then depends on parliament.

At the same time, the parliament itself, both in Russia and in the world, is a living political organism that is constantly changing and improving in response to various challenges of our time - both domestic and global. This ability to develop dynamically is essential to ensuring the viability of parliament and the political system as a whole. But here it is necessary to maintain a balance between the pace of innovation and the preservation of the basic principles on which any parliamentarism stands. Otherwise, parliament as an idea and as an institution either degenerates into an empty formality, behind which various kinds of deviations from democracy are hidden - both towards an authoritarian regime and towards “mob rule”, ochlocracy. Either parliament turns into a shapeless and therefore helpless and useless structure, since the too rapid pace of change leads to the fact that in practice it is simply impossible to establish professional legislative work.

Intra-parliamentary mechanisms for coordinating interests are beginning to “slip” in the swamp of a poorly understood multi-party system, as was the case in Russia on the eve of the October Revolution and in the 90s of the 20th century. But sometimes deputies themselves do not adequately understand what it means to be in tune with modernity, and begin to react with legislative initiatives to almost every “hot news” in the media. As a result, behind all these formally “resonant”, but essentially local decisions, the strategic perspective may be lost.

In order to maintain the necessary balance between novelty and continuity in the formation of modern parliamentarism and democracy, it is important, on the one hand, to promote the development of political creativity, expand the formal framework of procedures and relations, and constantly improve legislation while maintaining the spirit of the parliamentary idea and parliamentarism. On the other hand, it is required to preserve unchanged the basic constitutional principles of parliamentarism and other foundations of the state and society, since the stability of the Basic Law is the cornerstone of political stability.

In order to effectively solve these problems, it seems appropriate to raise the issue of developing and adopting the Federal Constitutional Law “On the Federal Assembly (Parliament) of the Russian Federation.”

The emergence of such a law would make it possible to eliminate one of the few remaining gaps in constitutional and legal regulation over the years of the Russian Constitution, namely, the principle of separation and independence of the branches of power, proclaimed by Art. 10 of the Basic Law.

As already indicated, in accordance with the Constitution, the Federal Assembly of the Russian Federation is not only a legislative, but also a representative body of power (Article 94 of the Constitution of the Russian Federation). The status and structure of the Russian parliament reflects the federal nature of the state and the principles of a multi-party political system. And if the current laws regulate the legislative functions of parliament to one degree or another, then its other characteristics have practically not found their consistent and systematic expression in legal acts. A special law on parliament would make it possible to streamline and give consistency to norms that reflect the essential features of this body in the system of supreme state power.

It should be assumed that the Federal Constitutional Law on the Federal Assembly (Parliament) of the Russian Federation is intended to play the role of an instrument for the practical implementation of the norms of the Constitution and therefore should be primarily procedural in nature, consolidating and developing mechanisms and algorithms for interaction of parliament with all constitutional institutions and all spheres of public life.

At the same time, from Soviet times to the present day, in Russia there has been no special general (comprehensive) law on the status of the highest representative body of state power. At the same time, there are a number of acts regulating certain aspects of the organization and activities of the Federal Assembly of the Russian Federation (for example, Federal laws "On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation"; "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation"; "On the status of a member of the Council Federation and a deputy of the State Duma of the Federal Assembly of the Russian Federation"; "On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly", "On the parliamentary investigation of the Federal Assembly of the Russian Federation", etc.). At the same time, legislative regulation of the statuses and activities of other branches of power - executive and judicial - was actively developing (see, for example, the current Federal Constitutional Laws "On the Government of the Russian Federation", "On the Constitutional Court of the Russian Federation", "On Arbitration Courts in the Russian Federation", "On the military courts of the Russian Federation", "On the Commissioner for Human Rights in the Russian Federation", "On the courts general jurisdiction in the Russian Federation", etc.).

The direct activities of the chambers of the Federal Assembly to this day are regulated mainly by the norms of the Constitution of the Russian Federation and the Regulations of the Federation Council and the State Duma of the Federal Assembly of the Russian Federation, respectively. Since the Rules of Procedure of the Chambers of the Federal Assembly are legal acts of limited scope that do not form rules of interaction that are generally binding for all participants in the legislative process, in practice many gaps and conflicts arise that affect the efficiency of legislative activity, the quality of laws adopted and the stability of legislation in general.

As researchers of domestic parliamentarism note, “the reasons for many failures in the legislative and other activities of parliaments often lie outside their walls.” In the annual reports of the Federation Council of the Federal Assembly of the Russian Federation, the need has been repeatedly noted to “raise the issue of adopting organic constitutional laws that regulate legislative and legislative activities in detail,” in particular, to develop and adopt a federal constitutional law “On the Federal Assembly - the Parliament of the Russian Federation,” in which “ to detail and develop the provisions of the Constitution of the Russian Federation on parliament, to ensure the necessary scope of legal regulation of parliamentary activities."

It should be noted that abroad there is an extensive and varied practice of adopting laws in the development of constitutional provisions on the status, organization and order of functioning of the legislative branch of government. For example, in the United States, current legislation plays “a significant role in the development of regulations and the expansion of the scope of the substantive competence of Congress... This includes the Legislative Reorganization Acts (of the US Congress) of 1946 and 1970, which, in particular, made changes to the committee system, reducing the number of standing committees and clarifying their competence and powers; the Congressional Reapportionment Act of 1929, amended in 1941 and fixing the size of the lower house of Congress - the House of Representatives, equal to 435 deputies... The specific powers of the US Congress are determined in legislation, regulating its activities in certain areas. Thus, the laws on the budgetary powers of the US Congress and on the implementation of the US budget, adopted in 1990, contain a number of principles for the activities of Congress in the field of finance and taxation in order to reduce the national budget deficit by 1995."

In France, in addition to the 1958 Constitution, there are also various legislative acts. For example, in the special Ordinance of November 17, 1958 “On the functioning of parliamentary assemblies”, almost all issues of parliamentary activity that were left unaddressed in the Constitution and organic laws are regulated and codified. In particular, this document contains rules on the legal liability of French parliamentarians for their absence from meetings of standing committees of the National Assembly. If a member of a standing commission misses more than a third of its meetings during the same session without good reason, the Chairman of the National Assembly excludes this deputy from the commission. Moreover, a parliamentarian who has left the commission does not have the right to join another commission for a year, and his salary is reduced by one third until the opening of the next session of the National Assembly.

In a number of countries, parliamentary regulations are given the form of laws (Sweden, China, Austria, Colombia, Mexico). For example, in China there is a regulation in the form of a law called the “Law on the Organization of the National People's Congress” (1982). According to researchers, the adoption of regulations in the form of a law helps to give a mandatory character to the norms regulating the relations of “extra-parliamentary bodies and officials who, in theory, cannot be obliged to do anything by an internal act of the House of Parliament.”

In Austria, Hungary, Kazakhstan, Slovenia, Switzerland, Great Britain, and Australia, special laws on parliaments have been adopted, which comprehensively regulate the activities of the highest bodies of legislative (representative) power in these countries. In addition, the activities of parliaments are regulated in Malta, Portugal, and Sweden by acts in the form of laws.

As already noted, until now the representative nature of the Federal Assembly of the Russian Federation has received virtually no legal disclosure. At the same time, the representative essence of parliament is manifested in at least four “guises”.

Firstly, this is participation in the formation on behalf of voters of a number of the main constitutional bodies of the state (including the appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation (clause "g" part 1 of article 102); appointment Prosecutor General of the Russian Federation (clause "z" part 1 article 102); formation of the Accounts Chamber of the Russian Federation (clause "i" part 1 article 102; clause "d" part 1 article 103); appointment of the Commissioner for human rights (clause “e”, part 1, article 103), appointment of the Chairman of the Central Bank of the Russian Federation (clause “d”, part 1, article 103), as well as giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation (clause " a" part 1 article 103).

Secondly, it is providing guarantees to the “parliamentary minority” and the opposition to represent interests and freely express a position different from the opinion of the majority; the right to constructively criticize and be heard; access to the media, etc.

Thirdly, we are talking about the need to develop effective parliamentary control on behalf of society over the quality of public administration, including assessment of the efficiency and rationality of spending national resources (financial resources, state property, natural resources, human capital).

Fourthly, it is ensuring constant interaction with civil society institutions and society as a whole, which allows parliament, among other things, to perform the functions of one of the most important mechanisms for stabilizing the political system.

A special federal constitutional law on the Federal Assembly - the Parliament of the Russian Federation could be built on the following fundamental principles:

ensuring the effective implementation of the principles of independence, equality, independence and coordinated interaction between the branches of government;
clear consolidation of the principles and procedures of relations between the Federal Assembly and other branches of government and government bodies in the process of legislative activity;
emphasis on legislative regulation of issues (principles, procedures, guarantees) reflecting the representative nature of the Russian parliament;
consolidation and development of the “specialization” of the chambers of the Federal Assembly and the consistency of their work;
reflection of the federal nature of the state in the activities of parliament, including the substantive regulation of the principles and procedures of interaction of the Federal Assembly with the legislative bodies of the constituent entities of the Federation and local governments on subjects of joint jurisdiction or of mutual interest;
guarantees of openness and professionalism in the activities of the Federal Assembly.

constitutional status, principles of activity, functions, powers and general structure of the Federal Assembly;
legislative process;
participation in the formation of supreme bodies of state power and other government bodies;
implementation of the control function of parliament;
relations with the President of the Russian Federation;
interaction with the Government of the Russian Federation and federal executive authorities;
relations with the subjects of the Federation;
relationships with civil society institutions, including modern forms of “Internet democracy”.

It should be noted that regulating the principles of interaction between the Federal Assembly and legislators at all levels of government would not only optimize cooperation procedures in the legislative process, but also ensure increased efficiency in the implementation of federal legislation at the local level.

An equally important task is the development of constitutional provisions on the order (mechanisms) of representation in the chambers of parliament - the Federation Council and the State Duma, the regulation of relations between the chambers and their committees and commissions, as well as the legislative consolidation of key elements of the internal structure of the chambers of the Federal Assembly of the Russian Federation - the system of standing committees and commissions.

As is known, the standing committees and commissions of the chambers of the Federal Assembly are the main bodies where the daily work of parliamentary deputies is carried out. Regulation of the status of committees and commissions at the legislative level is relevant, since, as researchers of parliamentarism note, “belonging to one or another standing commission presupposes and at the same time generates specialization of parliamentarians in a certain area of legislative activity,” which seems appropriate from the point of view of increasing the level of professionalism and the quality of work of deputies and parliament as a whole. At a minimum, it is necessary to legislatively establish the basis for the organization and activities of standing committees and commissions of the chambers of the Federal Assembly of the Russian Federation, a list of mandatory committees and commissions, issues of their conduct, rights and obligations, and operating procedures.

In addition, the Federal Constitutional Law on the Federal Assembly (Parliament) of the Russian Federation could enshrine the principles and most effective mechanisms for ensuring constant communication between the Russian parliament and civil society, with forms of direct democracy.

One of the possible solutions could be the establishment of an appropriate special unit and the establishment of special procedures in the parliamentary system for prompt response to the demands of mass democratic movements, non-party public associations, and rallies. The presence of such a mechanism is extremely important both for creating an effective feedback mechanism between parliament and society, and for preventing social tension.

Despite obvious advantages and the relevance of the adoption of a federal constitutional law on the Federal Assembly (Parliament) of the Russian Federation, a number of legal scholars and parliamentarians themselves fear that regulating the activities of the Federal Assembly in legislative form “violates, to a certain extent, parliamentary autonomy, since “extra-parliamentary subjects with the right of legislative initiative” can influence the content of the law, and its entry into force to a certain extent depends on the head of state.

Nevertheless, it seems that the absence of a constitutional law on parliament in the presence of constitutional laws on all other branches of government is an obvious violation of the principle of their independence, autonomy and equality. At the same time, this fact testifies not so much to the existence of real legal problems, but to the insufficient development of a culture of political cooperation and the persistence of a kind of “psychological mistrust” between the branches of government, which manifested itself especially acutely throughout the 1990s.

The procedure for the formation of the Federation Council before August 8, 2000 was determined by Federal Law of December 5, 1995 N 192-FZ “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation”: the chamber consisted of 178 representatives of the subjects of the Federation - heads of legislative (representative) and heads of executive bodies of state power (by position). All members of the Federation Council combined their duties in the chamber federal parliament with responsibilities in the corresponding subject of the Federation. On August 8, 2000, it was replaced by Federal Law No. 113-FZ of August 5, 2000 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation.” Since January 1, 2013, the relations in question are regulated by Federal Law No. 229-FZ of December 3, 2012 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation.”

In accordance with Part 2 of Art. 95 of the Constitution of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation includes two representatives from each subject of the Federation: one from the legislative (representative) and from the executive bodies of state power of the subject of the Federation. The vesting of powers of a member of the Federation Council is carried out by the relevant government body of the subject of the Federation on the basis of the will of voters of the given subject of the Federation. The vesting of powers of a member of the Federation Council is carried out accordingly by the legislative (representative) body of state power of the subject of the Federation of the new convocation and the newly elected highest official of the subject of the Federation (the head of the highest executive body of state power of the subject of the Federation) for the term of office of the specified body of state power of the subject of the Federation.

The Federation Council is formed and structured according to a non-partisan principle. Members of the Federation Council do not create factions and party associations.

A citizen of the Russian Federation who has an impeccable reputation and has permanently resided in the territory of the corresponding subject of the Federation for five years immediately preceding nomination as a candidate for vesting the powers of a member of the Federation Council, or for a total of 20 years (in this case) may be elected (appointed) as a member of the Federation Council. the law provides for a number of exceptions to this rule) prior to the nomination of a candidate for the powers of a member of the Federation Council, and who has reached the age of 30 years.

As a general rule, a candidate for vesting the powers of a member of the Federation Council - a representative from the legislative (representative) body of state power of a subject of the Federation can be only a deputy of this body. In exceptional cases, when the election of the highest official of a subject of the Federation (the head of the highest executive body of state power of a subject of the Federation) is carried out by deputies of the legislative (representative) body of state power of a subject of the Federation, a candidate for conferring the powers of a member of the Federation Council - a representative from the executive body of state power of a subject of the Federation may be:

Deputy of the State Duma of the Russian Federation, elected from this subject of the Federation;
deputy of the legislative (representative) body of state power of a given subject of the Federation;
deputy of the representative body of a municipal entity located on the territory of a given subject of the Federation;
member of the Federation Council - a representative from the legislative (representative) or executive body of state power of a given subject of the Federation, who, on the day of the presentation by the President of the Russian Federation to the legislative (representative) body of state power of the subject of the Federation of candidates for election to the position of the highest official of the subject of the Federation (head of the highest executive body state power of the subject of the Federation) will receive the support of at least 10% of the number of representative bodies municipalities of a given subject of the Federation.

Candidates for the election of a representative in the Federation Council from the legislative (representative) body of state power of a subject of the Federation are submitted for consideration by this body by its chairman. In this case, a faction or group of deputies numbering at least 1/5 of the total number of deputies may submit alternative candidates. The decision to elect a representative from the legislative (representative) body is made by a majority vote and formalized by a resolution of the said body. The procedure for considering candidates and conducting voting is determined by the regulations of the relevant body.

The procedure for conferring powers on a member of the Federation Council - a representative from the executive body of state power of a subject of the Federation - depends on whether the head of the subject is elected by the population or by deputies of the regional parliament.

If the highest official of a subject of the Federation (the head of the highest executive body of state power of a subject of the Federation) is elected by citizens living in the territory of this subject, he submits three candidates before the elections, from which, if he wins, he will choose a representative from the executive body of state power of the subject of the Federation in Federation Council.

Another procedure is provided if the head of a subject of the Federation is elected by deputies of the legislative (representative) body of state power of the subject of the Federation. Then each candidate for the position of head presents three of his candidates for a seat in the Federation Council to the deputies of the regional parliament.

The decision of the highest official of a subject of the Federation (the head of the highest executive body of state power of a subject of the Federation) to appoint a representative in the Federation Council from the executive power of the subject is formalized by his decree (resolution). The decree (resolution) is sent to the legislative (representative) body of state power of the subject of the Federation within three days.

The government body of the subject of the Federation that made the decision to vest the powers of a member of the Federation Council, no later than the day following the day the decision entered into force:

sends it to the Federation Council;
publishes on its official website on the Internet information and telecommunications network.

Powers of a member of the Federation Council:

a) begin on the date of entry into force of the relevant decision conferring on him the powers in question;

b) terminate from the date of entry into force of the corresponding decision on conferring powers on a new member of the Federation Council - a representative from the same government body of the subject of the Federation.

The Federation Council is a permanent body. Its meetings are held as needed, but at least twice a month. Meetings of the Federation Council are the main form of work of the chamber. They are held separately from meetings of the State Duma, with the exception of hearing messages from the President of the Russian Federation or the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states.

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

The Federation Council elects from among its members the Chairman of the Federation Council, his first deputy and deputies, who conduct meetings and are in charge of the internal regulations of the chamber.

The Federation Council forms committees, permanent and temporary commissions from among the members of the chamber. The Federation Council has the right to create, abolish and reorganize any committees and commissions.

Committees and standing commissions of the Federation Council are permanent bodies of the chamber. All members of the Federation Council, with the exception of the Chairman of the Federation Council, his first deputy and deputies, are members of the committees. A member of the Federation Council can be a member of only one committee of the chamber, and the committee must include at least seven members of the Federation Council. The composition of the committee or commission is approved by the chamber. Currently, the following committees and standing commissions have been formed and operate in the Federation Council:

Federation Council Committee on Constitutional Legislation;
Federation Council Committee on Legal and Judicial Issues;
Federation Council Committee on Federation Affairs and Regional Policy;
Federation Council Committee on Local Self-Government Issues;
Federation Council Committee on Defense and Security;
Federation Council Budget Committee, etc.

Committees and standing commissions of the Federation Council have equal rights and bear equal responsibilities for the implementation of the constitutional powers of the chamber: they prepare opinions on federal laws adopted by the State Duma and submitted to the Federation Council for consideration, as well as on federal constitutional laws; develop and preliminary consider bills and drafts of other normative legal acts, organize parliamentary hearings, etc.

The activities of temporary commissions are limited to a certain period or specific tasks.

The powers of the Federation Council are determined by the Constitution of the Russian Federation. The main function of the chamber is to exercise legislative powers. The procedure for consideration by the Federation Council of federal constitutional laws and federal laws, respectively approved or adopted by the State Duma, is determined by the Constitution of the Russian Federation and the Rules of Procedure of the Federation Council.

The organization of legislative work in the Federation Council is carried out in two main areas:

The Federation Council, together with the State Duma, participates in the development of bills, consideration of laws and adoption of decisions on them;
In order to exercise the right of legislative initiative, the Federation Council independently develops draft federal laws and federal constitutional laws.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council: the federal budget; federal taxes and fees; financial, currency, credit, customs regulation, money issue; ratification and denunciation of international treaties of the Russian Federation; status and protection of the State border of the Russian Federation; war and peace.

A federal law is considered approved by the Federation Council if more than half of the total number of members of the chamber votes for it, and a federal constitutional law is considered adopted if it is approved by a majority of at least 3/4 of the votes. In addition, a federal law that is not subject to mandatory consideration is considered approved if the Federation Council has not considered it within 14 days. If a federal law is rejected by the Federation Council, chambers may create conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to re-consideration by the State Duma and the Federation Council.

In addition, the jurisdiction of the Federation Council includes:

approval of changes in borders between subjects of the Federation;
approval of the decree of the President of the Russian Federation on the introduction of martial law or a state of emergency;
resolving the issue of the possibility of using the Armed Forces of the 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 to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation;
appointment and dismissal of the Prosecutor General of the Russian Federation;
appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

A number of federal laws confer on the Federation Council other powers not provided for in the Constitution of the Russian Federation.

The Federation Council, as well as each of its members, has the right of legislative initiative.

On issues of jurisdiction of the Federation Council, the chamber, by a majority vote of the total number of members of the Federation Council, unless a different procedure is provided for by the Constitution of the Russian Federation, adopts resolutions.

The Federation Council adopts the Regulations, which define in detail the bodies and work procedure of the Federation Council, the participation of the chamber in legislative activities, the procedure for considering issues within the jurisdiction of the Federation Council (the Regulations of the Federation Council of the Federal Assembly of the Russian Federation were approved by the Resolution of the Federation Council of the Federal Assembly of the Russian Federation of January 30, 2002 . N 33-SF).

The status of a member of the Federation Council is determined by the Constitution of the Russian Federation, according to which members of the Federation Council enjoy immunity during the entire term of their powers. They cannot be detained, arrested, searched, except in cases of detention on the spot, and also subjected to personal search, except in cases where this is provided for by federal law to ensure the safety of other people.

In addition, the status of a member of the Federation Council is regulated by Federal Law No. 3-FZ of May 8, 1994 “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation.”

One of the most discussed topics in recent times is improving the principles of forming the upper house of the Russian parliament, returning to the election of members of the Federation Council of the Federal Assembly of the Russian Federation.

As noted earlier, in the 1990s, this issue was not put on the agenda either by the opposition or the country’s leadership, since all heads of legislative and executive authorities of the constituent entities of the Federation were elected by the population of the region. Thus, the Federation Council of that time was formed from the heads of the legislative and executive powers of the constituent entities of the Federation, elected on a competitive basis and representing the interests of the regional electorate.

It seems that this was the most effective political and legal model, since the heads of the legislative and executive powers of the constituent entities of the Federation who had passed the election procedure truly represented the interests of their voters and therefore, in the full sense of the word, made decisions at the federal level on behalf of the regions, and then ensured the implementation of the adopted federal laws on the territory of the constituent entities of the Federation. When various crisis situations arose in the mid-1990s, it was the “upper” house of the Russian parliament, consisting of the leaders of the constituent entities of the Federation, that more than once helped maintain stability in the country, acting as the “collective voice” of all of Russia.

When discussions began in 2012 about the need to return to the election of members of the Federation Council, many proposed resolving these issues by introducing amendments and additions to the current Constitution of the Russian Federation. The author of this textbook had to put a lot of effort into explaining that these issues can and should be resolved without resorting to such emergency measures. As a result, the mechanism for adopting the corresponding federal law was used. Federal Law of December 3, 2012 N 229-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” has become adequate and effective solution discussed problems.

As stated above, the new Law established two different procedures for conferring powers on a member of the Federation Council - a representative from the legislative (representative) body and a member of the Federation Council - a representative from the executive body of state power of a subject of the Federation.

It seems that there is an even simpler, but no less effective and democratic model for choosing a representative to the upper house of the Russian parliament from the executive branch of the subject of the Federation. This is a model when, during the elections of the head of the regional executive branch, his “deputy for work in the Federation Council” (the regional analogue of the institution of vice president) is simultaneously elected as a member of the Federation Council. In such a political and legal structure, a member of the Federation Council who has passed the crucible of regional elections will not only have the maximum possible legitimacy for his status, but will also truly represent the interests of voters of the entire region.

The State Duma

The competence of the State Duma includes resolving the following issues:

giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;
resolving the issue of trust in the Government of the Russian Federation;
appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;
appointment and dismissal of the Chairman of the Accounts Chamber of the Russian Federation and half of its auditors;
appointment and dismissal of the Commissioner for Human Rights;
announcement of amnesty;
bringing charges against the President of the Russian Federation for his removal from office.

On issues assigned by the Constitution of the Russian Federation to the jurisdiction of the State Duma, the State Duma adopts resolutions. Resolutions of the State Duma are adopted by a majority vote of the total number of deputies of the State Duma, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation. The procedure for considering the above issues is regulated in detail by the regulations of the chambers of the Federal Assembly.

Federal legislation establishes the following organization of the State Duma.

The State Duma is headed by the Chairman of the State Duma. The Chairman of the State Duma is elected from among the deputies of the State Duma by secret ballot. To elect the Chairman of the State Duma, more than half of the total number of deputies of the State Duma must vote for him. Along with the Chairman, the State Duma elects the first deputy and deputy chairmen of the State Duma. The procedure for their election is regulated by the Rules of Procedure of the State Duma (the Rules of Procedure of the State Duma were approved by Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 N 2134-II GD “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation”).

The rules of the State Duma establish that the Chairman, first deputy and deputy chairmen cannot be representatives of one faction or deputy group.

The powers of the Chairman of the State Duma are similar to the powers of the Chairman of the Federation Council. The terms of reference of the Chairman of the State Duma are defined in Art. 11 Rules of the State Duma.

The Council of the State Duma is a collegial, permanent body of the chamber created for preliminary preparation and consideration of organizational issues of the chamber’s activities.

The Council of the State Duma includes the Chairman of the State Duma, heads of deputy associations with voting rights. Deputy Chairmen of the State Duma and chairmen of committees of the State Duma participate in the work of the Council of the State Duma with the right of an advisory vote. The powers of the Council of the State Duma include: developing a draft approximate program of legislative work of the State Duma for the current session; formation of a draft calendar for consideration of issues by the State Duma for the next month; formation of a draft work of the State Duma for the next meeting. A number of powers of the State Duma Council are related to technical support for legislative activity.

Deputy factions are created in the State Duma.

The deputy faction is an association of deputies of the State Duma elected as part of the federal list of candidates, which was admitted to the distribution of deputy mandates in the State Duma. The faction includes all deputies of the State Duma elected as part of the corresponding federal list of candidates.

The full name of the faction must correspond to the name of the political party specified in the charter of the political party from which the corresponding deputies were elected as part of the federal list of candidates. A faction has the right to have a short name established by the faction regulations, corresponding to its full name.

The faction elects from among its members a faction leader and a deputy (deputies) faction leader. In accordance with the regulations on the faction, the faction can form a governing body (governing bodies).

Within a faction of more than 100 deputies of the State Duma, intra-faction groups can be created. The number of members of an intra-faction group cannot be less than 50 deputies of the State Duma. The head of the intra-faction group is the first deputy head of the faction.

The main structural divisions of the State Duma are committees. Committees of the State Duma on issues within their jurisdiction carry out preliminary consideration of bills and their preparation for consideration by the State Duma; prepare opinions on bills and draft resolutions submitted to the State Duma for consideration; in accordance with the decisions of the chamber, they prepare requests to the Constitutional Court of the Russian Federation; organize parliamentary hearings held by the State Duma; give conclusions and proposals on the relevant sections of the draft federal budget; solve issues of organizing their activities.

In accordance with the Rules of Procedure (Article 20), the State Duma forms the following committees:

State Duma Committee on State Building and Legislation;
State Duma Committee on Labor, Social Policy and Veterans Affairs;
State Duma Committee on Budget and Taxes;
State Duma Committee on Financial Market;
State Duma Committee on Economic Policy, Innovative Development and Entrepreneurship;
State Duma Committee on Natural Resources, Property and Land Relations;
State Duma Committee on Energy;
State Duma Committee on Transport and Construction;
State Duma Committee on Defense;
State Duma Committee on Security and Anti-Corruption;
State Duma Committee on International Affairs;
State Duma Committee on Affairs of the Commonwealth of Independent States, Eurasian integration and relations with compatriots;
State Duma Committee on Federal Structure and Local Self-Government Issues;
State Duma Committee on Regional Policy and Problems of the North and Far East;
State Duma Committee on Rules and Organization of Work of the State Duma;
State Duma Committee on Health Protection;
State Duma Committee on Education and Science;
State Duma Committee on Family, Women and Children;
State Duma Committee on Agrarian Issues;
State Duma Committee on Ecology;
State Duma Committee on Culture;
State Duma Committee on Affairs of Public Associations and Religious Organizations;
State Duma Committee on Nationalities;
State Duma Committee on Physical Culture, Sports, Tourism and Youth Affairs;
State Duma Committee on Housing Policy and Housing and Communal Services;
State Duma Committee on Information Policy, Information Technologies and Communications.

The State Duma may form other committees.

Committees of the State Duma are formed for a period not exceeding the term of office of the State Duma of a given convocation. The working bodies of the State Duma are also commissions. Unlike committees - permanent bodies of the chamber - the activities of commissions are limited to a certain period or a specific task, upon completion of which they cease their activities. The State Duma forms the following commissions: mandate commission, ethics commission, to give an opinion under Part 2 of Art. 93 of the Constitution of the Russian Federation, etc. The Credentials Commission of the State Duma is formed for the term of office of the State Duma of a given convocation and has the status of a committee.

Committees and commissions are formed from among the deputies of the chamber, as a rule, on the basis of the principle of proportional representation from deputy associations. The numerical composition of these bodies is determined by the State Duma. It cannot be less than 12 and more than 35 deputies.

All deputies of the State Duma, with the exception of the Chairman of the State Duma, his deputies, and heads of deputy associations, are required to serve on one of the committees of the chamber. In this case, a State Duma deputy can be a member of only one committee.

The main form of work of committees and commissions are meetings, which are held as needed, but at least twice a month. Meetings are valid if more than half of the total number of members of the committee or commission are present.

Another form of work of committees and commissions are parliamentary hearings, conferences, meetings, seminars held in order to clarify the actual state of affairs and public opinion on issues of legislative activity, as well as on other issues within the jurisdiction of committees and commissions.

During 1994 - 1999. against the backdrop of the excesses of the multi-party system, which paralyzed the main legislative function of parliament, the President of the Russian Federation and the Constitutional Court of the Russian Federation were forced to fill the legal vacuum. At the same time, as already mentioned, the Constitutional Court had to specifically explain and confirm the position (Resolution No. 11-P of April 30, 1996) on the right of the Head of State to issue decrees with the force of law.

It is obvious that if the concept of “multi-party system at any cost” is implemented, the paralysis of parliament will again lead not only to an increase in the role of the Constitutional Court of the Russian Federation, but also to a disproportionate increase in the role of the head of state.

The first stage of the legislative process - legislative initiative - boils down to the submission of a bill to the State Duma. The right to perform this kind of action is called the right of legislative initiative.

According to Art. 104 of the Constitution of the Russian Federation, 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 Federation. This right also belongs to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on issues within their jurisdiction.

It is obvious from the Constitution of the Russian Federation that the main burden of working with bills and adopting federal laws falls on the State Duma.

The procedure for implementing a legislative initiative is regulated in detail in Chapter. 12 Rules of the State Duma. The procedure for the adoption of laws of the Russian Federation on amendments to the Constitution is regulated by Federal Law No. 33-FZ of March 4, 1998 “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation.”

According to the Regulations, the right of legislative initiative is exercised in the form of submission to the State Duma:

draft laws of the Russian Federation on amendments to the Constitution, federal constitutional laws, federal laws;
bills on introducing amendments and additions to the current laws of the Russian Federation and the laws of the RSFSR, federal constitutional laws and federal laws, or on recognizing these laws as no longer in force, or on the non-application of acts of USSR legislation on the territory of Russia;
amendments to bills. From here, in particular, it follows that it is not intended to make changes to the existing acts of USSR legislation. If such changes are necessary, new Russian laws will be adopted.

When introducing a bill to the State Duma, the subject of the right of legislative initiative must submit:

an explanatory note to the bill containing a description of the subject of legislative regulation and a statement of the concept of the proposed bill, as well as a reasoned justification for the need to adopt or approve the bill;
the text of the bill indicating on the title page the subject of the law of legislative initiative who introduced the bill;
a list of acts of federal legislation that are subject to repeal, suspension, amendment, addition or adoption in connection with the adoption of this law;
financial and economic justification (if a bill is introduced, the implementation of which will require material costs);
conclusion of the Government of the Russian Federation in cases where bills of a financial nature are introduced (on the introduction or abolition of taxes, on exemption from their payment, on the issue of government loans, on changes in the financial obligations of the state) or providing for budgetary expenses, etc.

These documents should enable parliamentarians to more or less adequately imagine the social consequences of the adoption of the proposed law and compare possible benefits and costs.

When introducing bills by a subject of the right of legislative initiative - a collegial body, a decision of the corresponding collegial body must be presented indicating the representative of the subject of the right of legislative initiative in the State Duma on this bill.

Copies of the text of the bill and the specified attached materials must be submitted on magnetic media.

Bills submitted to the State Duma without the conclusion of the Government of the Russian Federation can be sent by the Council of the State Duma, together with a financial and economic justification, for conclusion to the Government of the Russian Federation, which, within a month, prepares a written conclusion and sends it to the Council of the Duma. The following provisions must be included directly in the text of the bill submitted to the State Duma:

on the date and procedure for the entry into force of the proposed law or its individual provisions;
on the recognition as invalid and on the suspension of previously adopted laws and other normative legal acts or their individual provisions in connection with the adoption of this federal constitutional law or federal law;
on bringing the President and the Government of their legal acts into compliance with the adopted federal constitutional law or federal law.

A bill prepared for submission to the Duma and materials for it are sent by the subject of the right of legislative initiative to the Chairman of the State Duma. The bill is considered submitted to the Duma from the day of its registration in the documentation support department of the State Duma Apparatus, where an electronic registration card is created. The electronic registration card records information about the bill and the timing of its receipt in the Duma, about the passage of the bill in the Duma, about the approval by the State Duma of a federal constitutional law or about the adoption of a federal law and the consideration of these laws by the Federation Council and the President.

The Chairman of the State Duma sends the received bill and materials to it to deputy associations and committees of the State Duma in accordance with the issues within its jurisdiction. The latter determines (if necessary, together with the legal department of the State Duma Apparatus) the compliance of the bill with the requirements of the Constitution of the Russian Federation and the Rules of Procedure of the State Duma and submits the bill within 14 days for consideration by the Council of the State Duma. This period does not include the time spent by deputies working with voters.

If a bill is introduced during parliamentary recess, it is submitted by the relevant committee for consideration by the Duma Council no later than 14 days after the start of the next session.

If a bill submitted to the State Duma does not comply with the requirements of the Constitution of the Russian Federation and the Rules of Procedure, the Council of the Duma may decide to return the bill to the initiator to fulfill these requirements. After meeting these requirements, the subject of the right of legislative initiative can reintroduce the bill to the Duma. The Council of the State Duma appoints the competent Duma committee responsible for the bill and decides to include the bill in the approximate program of legislative work for the next session or in the calendar for consideration of issues for the next month. At the same time, the bill is sent to committees, commissions and deputy associations, the President of the Russian Federation, the Federation Council, the Government of the Russian Federation, as well as the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation - on issues within their jurisdiction for the preparation and submission of reviews, proposals and comments. The Council of the State Duma, as a rule, no later than 45 days before the date of their consideration at a meeting of the Duma, sends bills on subjects of joint jurisdiction of the Russian Federation and its constituent entities to the legislative (representative) bodies of the constituent entities of the Federation for the preparation of proposals and comments. The Council of the State Duma, taking into account the proposals of the responsible committee, sets a deadline for submitting reviews, proposals and comments to the responsible committee.

Taking into account the proposals of the responsible committee, the Council of the State Duma sets the deadline for preparing the bill for consideration by the Duma.

If, after the adoption of the bill in the first reading, a bill on the same issue is submitted to the State Duma, such a bill is not considered by the Duma and is returned to the subject of the right of legislative initiative. If alternative bills are submitted to the Duma before consideration in the first reading of a bill on the same issue, the Council of the State Duma decides to postpone the consideration in the first reading of a bill submitted to the Duma earlier, sets a deadline for consideration of alternative bills and instructs the responsible committee to prepare alternative bills for consideration by the Duma in the first reading simultaneously with the bill introduced earlier. After the Council of the State Duma has decided to include previously received bills in the draft procedure for the work of the Duma, the acceptance for consideration of new alternative bills on the same issue ceases.

The procedure for preparing a bill for consideration by the State Duma and the deadline for submitting conclusions, reviews, proposals and comments to the bill, except for the conclusions of the Government, are determined by the responsible committee independently, unless otherwise provided by a decision of the Council of the State Duma, in accordance with the Rules, as well as the approximate program of legislative work Duma for the current session.

When preparing for consideration of a bill introduced by the legislative (representative) body of state power of a subject of the Federation, the responsible committee takes into account the results of consideration of this bill in the Council of Legislators of the Russian Federation at the Federal Assembly of the Russian Federation (the said Council was created in accordance with the Resolution of the Federation Council of the Federal Assembly of the Russian Federation of May 30 2012 N 124-SF and Resolution of the State Duma of the Federal Assembly of the Russian Federation dated June 8, 2012 N 484-6 GD).

The period of preparation for consideration by the Duma of a bill introduced by the subject of the right of legislative initiative is determined by the Council of the State Duma, but the responsible committee must prepare the bill for the first reading within three months, not counting the periods between sessions.

To work on a bill, the committee can create a working group from among deputies of the State Duma, representatives of the relevant subject of the law of legislative initiative, representatives of government bodies, other organizations, experts and specialists.

The responsible committee, having received the text of the bill (texts of bills on the same issue), appoints a rapporteur from among its members. He coordinates the activities of the working group members, interested organizations and individuals, and reports on the results at the meeting of the responsible committee preparatory work above the text of the bill. By decision of the responsible committee, a bill with a covering letter signed by the Chairman of the State Duma committee can be sent to government bodies and other organizations for the preparation of reviews, suggestions and comments, as well as for scientific examination.

The Legal Department of the State Duma Apparatus, on behalf of its Council or the responsible committee, within the period established by them, carries out a legal examination of the bill for compliance with the Constitution, federal constitutional laws, federal laws, basic sectoral legislative acts, and also checks the list of acts of federal legislation subject to repeal or suspension , amendment, addition or adoption in connection with the adoption of this bill. The responsible committee may instruct the legal department of the State Duma Apparatus to conduct a linguistic examination of the bill. Based on the results of the legal examination of the bill, the legal department prepares a conclusion, which should answer the following questions:

whether the bill complies or does not comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, and basic sectoral legislative acts. If the conclusion establishes a discrepancy with these acts, it must indicate which of them the bill does not comply with and how this discrepancy is expressed;
whether the internal logic of the bill is violated, whether there are any contradictions between sections, chapters, articles, parts and paragraphs of the bill. If such contradictions exist, they must be specifically named, and recommendations must be given on how to eliminate the contradictions;
Is the given list of acts of federal legislation that are subject to repeal, suspension, amendment, addition or adoption in connection with the adoption of this bill exhaustive? If the list is incomplete, then you should indicate the acts that should be on this list, but are not.

Conclusion legal management The State Duma apparatus is signed by the head of the department or one of his deputies, indicating the name and date of signing. If it is not possible to give an opinion within the established period, the period may be extended by the Council of the State Duma upon a reasoned proposal from the legal department.

Reviews, proposals and comments from deputies of the State Duma and other subjects of the law of legislative initiative on the bill are considered at a meeting of the responsible committee, to which employees of the legal department of the State Duma Apparatus who carried out the legal examination may be invited.

Before the bill is adopted in the first reading, the subject of the right of legislative initiative who introduced the bill has the right to change the text of the bill at the proposal of the responsible committee or to withdraw the bill introduced by him by submitting a written statement.

Discussion of the bill in committees of the State Duma takes place openly, with the invitation of a representative of the subject of legislative initiative who introduced the bill, and can be covered in the media. Deputies who are not members of the responsible committee, members of the Federation Council, authorized representatives of the President and the Government in the State Duma, representatives of legislative (representative) bodies of the subjects of the Federation, as well as

representatives of government bodies and other organizations to which the bill was sent to provide feedback, suggestions and comments.

A bill prepared for consideration by the Duma in the first reading and materials for it are sent by the responsible committee to the Council of the State Duma for submission to the Duma, as a rule, no later than 14 days before. In addition to the materials submitted by the subject of the right of legislative initiative, the responsible committee submits:

draft resolution of the State Duma on the adoption of the bill in the first reading;
conclusion of the responsible committee with a reasoned justification for the need to adopt or reject this bill;
conclusion of the legal department of the State Duma Apparatus;
a draft decision of the Council of the State Duma indicating the date of consideration of the bill at a meeting of the Duma, the rapporteur on the bill and the co-rapporteur from the responsible committee.

The Duma considers bills in three readings, unless otherwise provided by the current legislation or its Rules of Procedure. After each reading, the Duma, by its resolution, decides whether to accept or reject the bill. The bill becomes a federal law after it is adopted by the State Duma in the third reading. As an exception, the Duma can adopt a federal law even after discussion only in the first reading, and the federal law on the federal budget passes four readings.

When the Duma considers a bill in the first reading, its concept is discussed, an assessment is made of the compliance of the main provisions of the bill with the Constitution of the Russian Federation, its relevance and practical significance.

Based on the results of the discussion, the State Duma can adopt the bill in the first reading and continue working on it, taking into account proposals and comments in the form of amendments, or reject the bill, or pass the law. If, based on the voting results, the proposal to adopt a bill in the first reading does not receive the required number of votes, then it is considered rejected without additional voting. This decision is formalized by a corresponding resolution of the Duma. A rejected bill is not subject to further consideration and is returned to the initiator.

The Duma resolution on the adoption of the bill in the first reading and the bill within five days are sent to the subjects of the right of legislative initiative specified in Part 1 of Art. 104 of the Constitution of the Russian Federation, and bills on issues of jurisdiction of these courts should be sent to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation (the law does not provide us with a specific closed list of them), and bills on subjects of joint jurisdiction of the Russian Federation and its subjects should be sent to legislative (representative) bodies subjects of the Federation.

If the title of a bill is changed during the second reading, it is introduced in the House with the new title, and its original title is given below in parentheses. A bill adopted in the third reading must have the title in the latest approved version. The same requirements apply to the execution of draft resolutions of the State Duma.

Together with the bill prepared for consideration in the second reading, and the draft resolution of the State Duma defining the procedure further work above the bill, the responsible committee presents a table of amendments approved by the committee and included in the text of the bill, a table of amendments recommended by the responsible committee for rejection, and a table of amendments on which no action was taken.

At the beginning of the second reading of the bill in the State Duma, a representative of the responsible committee makes a report, reporting on the results of the consideration of the bill in the responsible committee, on the amendments received and the results of their consideration. Then they perform authorized representative The President of the Russian Federation in the Duma, representatives of the initiator of the bill, the plenipotentiary representative of the Government of the Russian Federation in the Duma. The chairperson finds out whether deputies or invited representatives of the initiator of the bill have any objections from deputy associations, deputies or representatives of other subjects of legislative initiative invited to the State Duma meeting against the amendments recommended by the responsible committee for inclusion in the text of the bill. If there are no objections, the presiding officer puts to a vote the question of adopting as a whole the amendments recommended by the responsible committee for inclusion in the text of this bill.

At the end of voting on the amendments, the presiding officer puts to a vote the proposal to adopt the bill in the second reading. If, based on the voting results, such a proposal does not receive the required number of votes, the bill is returned to the responsible committee for revision. After re-examination of the revised bill in the second reading, the presiding officer puts to a vote the proposal to adopt the bill in the second reading. If, based on the voting results, such a proposal does not receive the required number of votes, the bill is considered rejected and removed from further consideration. This decision is sent to the initiator of the bill. By a decision of the State Duma, adopted by a majority vote of the total number of deputies, the bill can be returned to the first reading procedure. A bill that has not been adopted in the second reading cannot be included in the draft calendar for consideration of issues by the State Duma without a decision of its Council. In this case, the Duma makes a decision to amend or reject the bill. In case of rejection of a bill reconsidered in the second reading, such bill is not subject to further consideration.

The decision to adopt amendments to a draft federal law is made by a majority vote of the total number of deputies. The decision to adopt amendments to the draft federal constitutional law is made by at least 2/3 of the votes of the total number of deputies.

The Council of the State Duma schedules the third reading of the bill for voting in order to adopt it as a law. If changes and additions were made to the bill during the second reading, the Council sends the text of the bill and the conclusion of the legal department of the State Duma Apparatus to the President of the Russian Federation, the Federation Council, the Government of the Russian Federation, and deputies of the State Duma. When considering a bill in the third reading, amendments to it and a return to discussion of the bill as a whole or to discussion of it are not allowed.

individual sections, chapters, articles. If the bill is not adopted by the Duma in the third reading, it is not subject to further consideration. In exceptional cases, at the request of deputy associations representing the majority of deputies, the presiding officer is obliged to put to a vote the question of returning the bill to the second reading procedure.

Laws of the Russian Federation on amendments to the Constitution, federal constitutional laws and adopted federal laws with relevant resolutions of the Duma, transcripts of its meetings, Government conclusions and other necessary materials approved by the State Duma are drawn up by the responsible committee together with the State Duma Staff and submitted to it for consideration within five days Federation Council.

A federal law is adopted by the Duma by a majority vote of the total number of deputies of the chamber. The Law of the Russian Federation on amendments to the Constitution of the Russian Federation, the federal constitutional law are considered approved if at least 2/3 of the total number of deputies voted for their approval. The Constitutional Court of the Russian Federation in the Resolution of April 12, 1995 in the case of the interpretation of Part 3 of Art. 103, part 2 and 5 art. 105, part 3 art. 107, part 2 art. 108, part 3 art. 117 and part 2 of Art. 135 of the Constitution of the Russian Federation interpreted the concept of “total number of deputies” contained in the Constitution as the number of members of the chamber determined by the Constitution of the Russian Federation. Since in accordance with Part 5 of Art. 95 of the Constitution of the Russian Federation, the total number of deputies of the State Duma is 450; to adopt an ordinary federal law, at least 226 votes are required.

A federal law received from the State Duma is registered in the Federation Council and, within a period not exceeding 48 hours, along with accompanying documents and materials, is sent to all members of the Federation Council. Official documents accompanying the federal law, received additionally from the Duma, are registered in the Federation Council and considered at a meeting of the chamber together with the corresponding federal law. Official reviews of the Government of the Russian Federation on federal laws considered by the Federation Council are subject to announcement or distribution at a meeting of a committee or commission of the Federation Council. The committee responsible for considering the federal law is determined by the Chairman of the Federation Council or, on his instructions, by the Deputy Chairman. The Chairman of the Federation Council or his deputy has the right to transfer a federal law to several committees of the Federation Council, while determining the responsible committee. Members of the Federation Council organize a discussion of the federal law in the constituent entities of the Federation and, if there are comments on it, forward them to the responsible committee.

The established 14-day period during which the Federation Council considers a federal law received from the State Duma is calculated from the day following the day of registration of this law in the Federation Council. If the first and last day of the term fall on a non-working day, then the day of receipt of the federal law by the Federation Council or the end of the period for its consideration in the Federation Council is considered the next working day.

With regard to federal laws adopted by the State Duma that are not subject to mandatory consideration by the Federation Council, which the committee (committees) propose to approve and not submit to the chamber for consideration, the Chairman of the Federation Council or, on his instructions, the Deputy Chairman either agrees with the decision of the committee or rejects it and includes a federal law on the agenda of a meeting of the Federation Council. The Chairman of the Federation Council does not have the right to decide not to include in the agenda of a meeting of the Federation Council the consideration of a federal law that is not subject to mandatory consideration by the Federation Council, if the President of the Russian Federation, the Government of the Russian Federation, or both members of the Federation Council representing one subject of the Federation insist on consideration of the federal law by the Federation Council and if the established 14-day period has not expired.

If the responsible committee of the Federation Council, within 14 days from the date of receipt by the Federation Council of a federal law that is not subject to mandatory consideration by this chamber, has not submitted an opinion on it to the Chairman of the Federation Council, the Chairman of the Federation Council or, on his instructions, the Deputy Chairman or includes in the agenda of a meeting of the Federation Council on the consideration of a federal law, if the 14-day period has not expired, or sends the federal law to the President for signing and official publication as considered approved by the Federation Council.

Based on the results of the discussion, the Federation Council approves the federal law adopted by the State Duma or rejects it. A resolution of the Federation Council on the approval of a federal law is adopted by a majority vote of the total number of members of the Federation Council. The decision must be made before the expiration of the 14-day period, calculated as above. If a federal law that is not subject to mandatory consideration in the Federation Council has not been considered within this period, it is sent to the President of the Russian Federation for signing and official publication. A federal law is considered rejected if the required number of members of the Federation Council do not vote for its approval. The decision to reject a federal law is formalized by a resolution of the Federation Council.

The resolution of the Federation Council on the rejection of a federal law adopted by the State Duma, together with the federal law, as well as the resolution of the Federation Council on the approval of a federal law adopted by the Duma, are sent to the State Duma within five days. The federal law adopted by the State Duma and approved by the Federation Council, together with the text of the resolution of the Federation Council, is sent by the Chairman of the Federation Council to the President of the Russian Federation for signing and official publication within five days from the date of adoption of the resolution.

According to the Rules of the Federation Council, in order to overcome disagreements that have arisen regarding a federal law adopted by the State Duma and rejected by the Federation Council, a conciliation commission can be created either on the initiative of the Federation Council, supported by the Duma, or on the initiative of the Duma, supported by the Federation Council. The commission is formed on a parity basis from representatives of the Federation Council and the State Duma. The decision to create a conciliation commission is made at a meeting of the chamber by a majority vote of the total number of its members. The members of the commission and its co-chairman from the Federation Council are elected by the Federation Council and form a deputation from the Federation Council in the conciliation commission. Only a member of the Federation Council can be a member of the commission from the Federation Council. Elected members of the conciliation commission from the Federation Council are those candidates who, of all the candidates proposed at a meeting of the chamber, received the largest number of votes, but not less than half the number of members of the Federation Council who took part in the vote. The resolution of the Federation Council on the election of members of the conciliation commission and its co-chairman from the Federation Council within a period of no more than five days is sent to

State Duma. According to the Rules of Procedure of the State Duma, a federal law rejected by the Federation Council is transferred by the Council of the State Duma for the conclusion of the responsible committee. Based on the results of consideration of the bill, the responsible committee may recommend to the Duma:

create a conciliation commission to overcome the disagreements that have arisen;
adopt a federal law in the version previously adopted by the State Duma;
withdraw the federal law from re-consideration by the State Duma.

Approval by the Federation Council of any form of federal law means that the latter was adopted by the Federal Assembly. This is confirmed by the Resolution of the Constitutional Court of the Russian Federation of April 22, 1996 N 10-P on the interpretation of certain provisions of Art. 107 of the Constitution of the Russian Federation. The Constitutional Court of the Russian Federation in paragraphs 1 and 2 of the Resolution formulated the following legal position: under “adopted federal law” within the meaning of Part 1 of Art. 107 means:

a law adopted by the State Duma and approved by the Federation Council in accordance with Parts 1 - 4 of Art. 105 of the Constitution of the Russian Federation;
a law re-adopted by the State Duma after being rejected by the Federation Council in accordance with Part 5 of Art. 105 of the Constitution of the Russian Federation;
a law approved by both chambers of the Federal Assembly after rejection by the President of the Russian Federation in accordance with Part 3 of Art. 107.

The Federation Council is obliged to send a federal law to the President of the Russian Federation within five days for signing and promulgation, regardless of whether it is approved by the Council by voting or without consideration (tacitly). Only if the federal law rejected by the Federation Council is re-adopted by the State Duma, in accordance with Part 5 of Art. 105 of the Constitution of the Russian Federation, the Duma itself, within the specified period, sends this federal law to the President of the Russian Federation.

A federal law adopted by the State Duma that is not subject to mandatory consideration by the Federation Council, in accordance with Art. 106 of the Constitution of the Russian Federation, and not considered by the chamber as established in Part 4 of Art. 105 of the Constitution of the Russian Federation and Art. 104 of the Regulations, a 14-day period, on the 15th day from the date of receipt of the federal law from the State Duma, is sent by the Chairman of the Federation Council to the President of the Russian Federation for signing and official publication, of which a notification is sent to the Duma.

Federal Law No. 33-FZ of March 4, 1998 “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation” states that the President of the Russian Federation, no later than 14 days from the date of receipt of the law of the Russian Federation on an amendment to the Constitution, signs it and carries out official publication (Part 2 of Article 12).

Federal constitutional laws and federal laws come into force simultaneously throughout the entire territory of Russia 10 days after the day of their official publication, unless they provide for a different procedure for entry into force. The law of the Russian Federation on an amendment to the Constitution comes into force on the day of its official publication, unless the law itself establishes a different date of entry into force.

Another type of acts adopted by the chambers of the Federal Assembly are resolutions.

The Federation Council and the State Duma adopt resolutions on issues within their jurisdiction by the Constitution of the Russian Federation.

Resolutions of the Federation Council also formalize the adoption of regulations, amendments and additions to them; results of voting on the election of the Chairman of the Federation Council and his deputies; decision of the Federation Council on the dismissal of the Chairman of the Federation Council and his deputies from their positions; results of secret voting; decisions on other issues of organizing the internal activities of the Federation Council.

The Federation Council may adopt a resolution as a whole or adopt a draft resolution as a basis.

If the draft resolution of the Federation Council is adopted as a basis, further discussion and voting are carried out on points and (or) parts of the draft resolution. Only amendments to clauses and parts of the draft resolution are put to a vote. When all amendments have been discussed and voted on, the paragraphs and parts of the draft resolution are adopted as a whole with the adopted amendments.

If it is proposed to make several amendments to the same paragraphs, parts of the draft resolution, then, by decision of the chamber, those of them can first be discussed and voted on, the adoption or rejection of which will allow the issue of other amendments to be resolved.

If, after discussion and voting on the amendments, an item or part of the draft resolution is rejected as a whole during the vote, then the corresponding item or part of the draft is excluded from the text of the resolution. If one or more points, one or more parts are excluded from a draft resolution, the Federation Council may remove it from discussion and send it for revision to the committee (commission) that submitted it for consideration by the chamber. After all points and parts of the draft resolution have been adopted as a whole, a vote is taken on its adoption as a whole.

In accordance with Art. Art. 103, 125 and 134 of the Constitution of the Russian Federation, the State Duma adopts resolutions on the following issues within its jurisdiction: on giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation; on trust in the Government of the Russian Federation; on the appointment and dismissal of the Chairman of the Central Bank of the Russian Federation; on the appointment and dismissal of the Chairman of the Accounts Chamber of the Russian Federation and half of its auditors; on the appointment and dismissal of the Commissioner for Human Rights; about declaring an amnesty; on bringing charges against the President of the Russian Federation for his removal from office; about a request to the Constitutional Court of the Russian Federation; on making proposals for amendments and revisions to the provisions of the Constitution of the Russian Federation; on other issues of their competence.

A draft resolution of the State Duma can be submitted by the President of the Russian Federation, the Federation Council, its members, deputies of the State Duma, deputy associations in it, its committees and commissions, the Government of the Russian Federation, legislative (representative) bodies of the subjects of the Federation, as well as the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation regarding their management. The State Duma and the Federation Council have the right to accept statements and appeals, which can be formalized by a resolution of the chamber.

Resolutions of the Federation Council and the State Duma are adopted by a majority vote of the total number of members of the Federation Council or deputies of the State Duma, respectively, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation or the regulations of the chambers, and are signed by the chairmen of the relevant chambers.

On procedural issues, decisions are made by a majority vote of the members of the chamber who took part in the voting, unless a different procedure is provided for by the regulations of the chambers.

The procedure for the publication and entry into force of acts of the chambers of the Federal Assembly is determined by Federal Law No. 5-FZ of June 14, 1994 “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly.”

According to this Law, only those acts of the chambers of the Federal Assembly that are officially published are applied on the territory of the Russian Federation. Acts of the chambers of the Federal Assembly are sent for official publication by the chairman of the relevant chamber or his deputy.

Problems of improving the organization and activities of the Federal Assembly. Problems of implementing the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” Series: Current problems of state building

Bibliography

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Introduction

1. Federal Assembly - Parliament of the Russian Federation

3. Federation Council of the Federal Assembly of the Russian Federation

Conclusion

federation power parliament citizen

Bibliography

1. Constitution of the Russian Federation December 12, 1993 // Rossiyskaya Gazeta dated April 29, 1994;

2. Federal Law of April 4, 2005 N 32-FZ “On the Public Chamber of the Russian Federation” Collection of legislation of the Russian Federation. 2005. N 15. Art. 1277;

3. Baglay, M.V. Constitutional law of the Russian Federation: textbook. manual for universities / M.V. Baglay. - 5th ed., rev. and additional - M.: Norma, 2006. - 784 p.

4. Bogacheva N.I. Parliament of Russia. The State Duma. Federal Assembly of the Russian Federation - M.: Development, 2005.- 218 p.;

5. Bulakov O.N. Parliamentary law: textbook. manual / ed. Yu.A. Dmitrieva. - M.: Lawyer, 2002. - 128 p.;

6. Grankin I.V. “Constitutional and legal regulation of the formation of the chambers of the Federal Assembly of the Russian Federation and ways to improve it” // Journal of Russian Law. - 2005. - No. 8;

7. Grankin I.V. Regulatory regulation of the activities of the chambers of the Federal Assembly of the Russian Federation // Journal of Russian Law. -2003.- No. 1;

8. Kashanina T.V., Kashanin A.V. Fundamentals of Russian law: Textbook for universities. - 3rd ed., revised. and additional - M.: Publishing house NORMA, 2006. - 784 pp.;

9. Kozlova E.I., Kutafin O.E. Constitutional law of Russia: textbook - M.: TK Velby, Prospekt Publishing House, 2007.- 608 pp.;

10. Korotkevich V.I. “The State Duma of Russia in the past and present” // Leningrad Law Journal. 2005. N 3 (4);

11. Lyubimov A.P. Commentary on the Constitution of the Russian Federation: interpretation and interpretation of the Constitution of the Russian Federation in decisions of the Constitutional Court of the Russian Federation / A.P. Lyubimov. - M.: Exam, 2005. - 655 pp.;

12. Malanych I.N. "Institute of State Strategy in Constitutional Law" // Constitutional and Municipal Law. - 2007 - No. 13;

13.Mukhaev R.T. Legal foundations of the Russian state: textbook - M.: UNITI-DANA, 2007. - 351 pp.;

14. Hovsepyan Zh. Parliament as the basis of a democratic constitutional system (problems and prospects for development in the Russian Federation) // Comparative Constitutional Review. - 2007. - No. 2;

15. Fundamentals of public authorities in Russia: a textbook for university students / B.N. Gabrichidze et al. - M.: UNITY-DANA, Law and Law, 2008.- 351 p.;

16. Khabrieva T.Ya. National interests and legislative priorities of Russia // Journal of Russian Law. 2005. No. 12;

17. Chirkin V.E. Constitutional law of Russia: textbook - M.: Yurist, 2006.- 447 p.

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