Composition. General Provisions
The Federal Assembly of Russia is the parliament of Russia, which is a representative and legislative body, consisting of two chambers - the Federation Council (upper house) and the State Duma (lower house). The Federation Council includes two representatives from each constituent entity of Russia - one from the representative and executive body of state power, and the State Duma consists of four hundred and fifty deputies, it is elected for a period of four years. The procedure for forming the Federation Council and the procedure for elections to the State Duma are established by federal laws.
A citizen of Russia who has reached the age of twenty-one and has the right to participate in elections may be elected a deputy of the State Duma. One and the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be simultaneously a deputy of other representative bodies of state power and bodies of local self-government. Deputies of the State Duma work on a professional permanent basis, they cannot be in the civil service, engage in other paid activities, except for teaching, scientific and other creative activities.
Members of the Federation Council and deputies of the State Duma have immunity throughout their term of office - they cannot be:
- ... detained, arrested, searched (except in cases of detention at the crime scene);
- ... subjected to personal search (except for cases when it is provided by federal law to ensure the safety of other people).
The Federal Assembly of Russia is a permanent body. The State Duma meets for its first meeting on the thirtieth day after the election, although the President of Russia may convene this meeting earlier than the specified date. The first session of the State Duma is opened by the oldest deputy. Since the beginning of the work of the State Duma of the new convocation, the powers of the State Duma of the previous convocation are terminated.
The Federation Council and the State Duma meet separately. Although their sessions are open, they can still hold closed sessions in cases stipulated by the regulations of the chambers. The chambers can meet together to hear messages from the President of Russia, the Constitutional Court of the Russian Federation, speeches by the leaders of foreign states.
Each of the chambers elects from among its members a chairman and his deputies, who preside over the sessions of the respective chambers and are in charge of the internal regulations of the chamber. Each of the chambers forms within itself commissions and committees, conducts parliamentary hearings on issues of its jurisdiction, adopts its own rules of procedure, and decides on the internal regulations of its activities. To exercise control over the execution of the federal budget, both chambers form the Accounts Chamber, the composition and procedure of which are determined by federal law.
The Federation Council is responsible for resolving the following issues:
1). Statement:
a) changes in the boundaries between the subjects of the Russian Federation;2). Solving the issue of the possibility of using the Russian Armed Forces outside the territory of the Russian Federation;B) decrees of the President of Russia on the introduction of martial law and on the introduction of a state of emergency;
3). Purpose:
a) elections of the President of Russia;4) Appointment and dismissal of the Prosecutor General of the Russian Federation, Deputy Chairman of the Accounts Chamber and half of its auditors.B) for 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.
The Federation Council adopts resolutions on issues assigned to its jurisdiction by the Constitution of Russia. Resolutions are adopted by a majority vote of the total number of members of the Federation Council, unless another procedure for adoption is provided for by the Constitution of Russia.
Issues attributed to the jurisdiction of the State Duma
The State Duma is responsible for resolving the following issues:
- consent to the President of Russia for the appointment of the Chairman of the Government of the Russian Federation;
- resolving the issue of confidence in the Government of the Russian Federation;
- appointment and dismissal of the Chairman of the Central Bank of the Russian Federation, the Chairman of the Accounts Chamber and half of its auditors, the Commissioner for Human Rights of the Russian Federation (acts on the basis of the federal constitutional law);
- the announcement of amnesty;
- bringing charges against the President of Russia for his removal from office.
Keywords:State Duma, Federation Council, Federal Assembly of Russia, resolution, Armed Forces of Russia, jurisdiction, deputy, President of Russia
Dissolution of the State Duma
The State Duma may be dissolved by the President of Russia in the following cases:
- after a threefold rejection of the nominated candidates for the post of Chairman of the RF Government;
- when the State Duma expresses no confidence in the Government of the Russian Federation in accordance with Art. 117 of the Constitution of Russia.
The State Duma cannot be dissolved:
- ... on the grounds provided for in Art. 117 of the Constitution of Russia;
- ... within one year after her election;
- ... from the moment she brings charges against the President of Russia until the appropriate decision is made by the Federation Council;
- ... during the period of martial law or a state of emergency throughout the territory of Russia;
- ... within six months before the end of the term of office of the President of Russia.
Keywords:dissolution, State Duma, President of Russia, Chairman of the Government of the Russian Federation.
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Text of Art. 102 of the Constitution of the Russian Federation as amended for 2019:
1. The jurisdiction of the Federation Council includes:
a) approval of changes in the borders between the constituent entities of the Russian Federation;
b) approval of the decree of the President of the Russian Federation on the introduction of martial law;
c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
e) calling the elections of the President of the Russian Federation;
f) removal of the President of the Russian Federation from office;
g) appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation * (20);
h) appointment and dismissal of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation * (21);
i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.
2. The Federation Council adopts resolutions on issues attributed to its jurisdiction by the Constitution of the Russian Federation.
3. Resolutions of the Federation Council shall be adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.
Commentary on Art. 102 of the Constitution of the Russian Federation
1. Part 1 of the commented article sets forth the powers of the Federation Council. They are also determined by other articles of the Constitution of the Russian Federation, federal laws, the resolution of the Federation Council of the Federal Assembly of the Russian Federation of January 30, 2002 N 33-SF "On the Rules of Procedure of the Federation Council of the Federal Assembly of the Russian Federation" (hereinafter - the Rules of the Federation Council). For example, the powers to approve federal laws adopted by the State Duma, to adopt the Rules of Procedure of the Federation Council, to resolve issues of the internal order of their activities are contained in Art. 105 and 101 of the Constitution of the Russian Federation. Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation" (with the last amendments and additions) established that, in addition to the Prosecutor General of the Russian Federation, the Federation Council appoints and dismisses his first deputy and deputies ... Federal Law No. 61-FZ of May 31, 1996 "On Defense" added the powers of the Federation Council to approve a decree of the President of the Russian Federation on the introduction of martial law and a state of emergency with the right to approve decrees on the involvement of the Armed Forces of the Russian Federation, other troops, military formations and bodies using weapons to perform tasks other than their intended purpose. The regulations of the Federation Council added his authority to appoint judges to the Economic Court of the Commonwealth of Independent States * (546).
Thus, the list of issues given in part 1 of the commented article is not exhaustive. However, the consolidation of precisely these issues in the Constitution of the Russian Federation is fundamentally important.
First, the commented article is a legal expression of the system of checks and balances in the construction and functioning of the highest bodies of legislative, executive and judicial power. Therefore, Part 1 lists issues that are exclusively within the jurisdiction of the Federation Council. This means that the final decision on these issues is made by this chamber, formalizing its decision by an appropriate resolution.
Secondly, the issues of management listed in the list affect the most important aspects of state life. So, in addition to such extraordinary issues as the introduction of martial law or the use of the RF Armed Forces outside the territory of the Russian Federation, the possibilities of control over the broad powers of the President of the RF in the personnel sphere are set here.
Personnel appointments, which, according to the commented article, fall within the purview of the Federation Council, are also an expression of the mechanism for implementing checks and balances in relations between the branches of government and in federal relations. However, it should be noted here that the lack of regulation of such issues as the timing of the proposal of candidates by the President of the Russian Federation, the possibility or impossibility of reintroducing a rejected candidacy, gives rise to serious problems in the field of the effective functioning of certain of these state bodies and the legitimacy of the exercise of powers by some officials. So, for example, a long selection by the President of the Russian Federation of candidates for the position of judges of the Constitutional Court of the Russian Federation led to the fact that this body began to work more than a year and two months after the adoption of the Constitution of 1993. Almost a year (1994-1995) as the Prosecutor General ( at the same time, the candidacy proposed for this position was repeatedly rejected by the Federation Council) there was a so-called acting Prosecutor General - a position unknown to the Constitution of the Russian Federation and existing outside the order of appointment legitimizing it * (547).
Let us consider in more detail the issues of the jurisdiction of the Federation Council, listed in part 1 of the commented article.
Approval of changes in the borders between the constituent entities of the Russian Federation.
Changing the boundaries between the constituent entities of the Russian Federation requires not only their mutual consent (part 3 of article 67 of the Constitution of the Russian Federation), but also approval by the Federation Council. This construction is due to the fact that the issue of borders may go beyond the interests of the negotiating subjects of the Russian Federation and affect the interests of the Federation itself or its other subjects.
This possibility arises, in particular, from the existence of treaties between the Russian Federation and its constituent entities regarding the delimitation of the subjects of jurisdiction and powers, as a result of which the legal regime of objects located in the territory that passes from one constituent entity of the Federation to another may change. There may be other reasons for the interest of the Russian Federation and its third subjects in a certain solution to this territorial issue. The Federation Council is called upon to integrate the interests of all subjects of the Federation.
The issue of changing the borders between the constituent entities of the Russian Federation is considered by the Federation Council by mutual agreement of the constituent entities of the Russian Federation, the borders between which are supposed to be changed.
To consider the issue of approving changes in the boundaries between the constituent entities of the Russian Federation, the following shall be submitted to the Federation Council:
an agreement (agreement) on changing the boundaries, signed by the heads of the constituent entities of the Russian Federation, the boundaries between which are supposed to be changed, and approved by the legislative (representative) state authorities of these constituent entities of the Russian Federation;
the justification for changing the boundaries agreed upon by the constituent entities of the Russian Federation, i.e. the expediency of changing these boundaries, the list of administrative-territorial and municipal entities located on them, the results of the opinion of the population living in the transferred territories on this issue;
a map of the area with the boundary line between the subjects of the Russian Federation and the proposed boundary line between them, a description of the boundaries.
The decision to approve the change in the boundaries between the constituent entities of the Russian Federation is made by a majority vote of the total number of members of the Federation Council and is formalized by a resolution of the Federation Council, which is sent within a week to the legislative (representative) and executive bodies of state power of the respective constituent entities of the Federation, as well as to federal executive bodies for execution.
If the change in the boundaries between the constituent entities of the Russian Federation is not approved, the Federation Council may decide to hold consultations on the issue under consideration, in addition, it may re-consider this issue.
Resolutions of the Federation Council on the approval of changes in the border between the subjects of the Federation were adopted twice: on February 3, 1994 between Ivanovo and Nizhny Novgorod regions * (548) and on October 25, 1994 between Kostroma and Vologda regions * (549).
Approval of the Decree of the President of the Russian Federation on the introduction of martial law and a state of emergency.
The imposition of martial law and a state of emergency, even in a particular locality, affects a wide variety of interests (for example, rights, freedom of movement, security) of many regions of the country and the citizens living in them, therefore the Constitution of the Russian Federation provides that the Presidential Decree on the introduction of martial law and a state of emergency must be approved by the Federation Council - a body representing the interests of all subjects of the Russian Federation.
Both martial law and a state of emergency on the territory of the Russian Federation or in some of its localities are introduced by a decree of the President of the Russian Federation, which is immediately reported to the Federation Council. The Chairman of the Federation Council shall immediately forward the text of this decree to the Federation Council Committee on Defense and Security and the Federation Council Committee on Federation Affairs and Regional Policy for the preparation of conclusions. This text should be considered by the Federation Council within a certain period of time: for martial law - not exceeding 48 hours from the date of receipt of this Decree, for a state of emergency - 72 hours from the moment the Decree is promulgated.
In the early 90s. The Federation Council approved several similar decrees of the President of the Russian Federation. For example, such decrees were introduced in November 1991 in the Chechen-Ingush Republic, in October 1993 in Moscow, and were also in force in 1992-1995. in the territories of North Ossetia and Ingushetia.
Solving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation.
The question of the possibility of using the Armed Forces of the Russian Federation outside its territory affects the common interests of not only the people of Russia, but also the peoples of the subjects of the Federation, and therefore each time it is decided by the Federation Council.
This decision is of a general nature, it does not define the goals of using military formations and personnel, the grounds on which the use of the RF Armed Forces is allowed * (550).
The question of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation is considered by the Federation Council at the suggestion of the President of the Russian Federation in the form of an appeal containing the rationale for this proposal. The Chairman of the Federation Council shall immediately send this appeal to the Federation Council Committee on Defense and Security and the Federation Council Committee on International Affairs or the Federation Council Committee on CIS Affairs for the preparation of conclusions.
The Federation Council shall consider this issue at the next session of the chamber after the RF President's appeal is received by the Federation Council; he may also, in case of urgent need to resolve the issue, consider it at an extraordinary session of the chamber. This issue is discussed, as a rule, at a closed meeting of the Federation Council, unless a different decision is made by the chamber.
The decision on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation is made by a majority vote of the total number of members of the Federation Council and is formalized by a resolution of the Federation Council. If the required number of members of the Federation Council has not voted for this decision, the Armed Forces of the Russian Federation cannot be used outside the territory of the Russian Federation, which is also formalized by a resolution of the Federation Council.
The resolution of the Federation Council is sent to the President of the Russian Federation within two days from the date of its adoption.
By decree of June 25, 1999 N 262-SF, the Federation Council expressed its consent to the use of military formations of the Armed Forces of the Russian Federation totaling up to 3,616 people in the international security presence in Kosovo (Federal Republic of Yugoslavia) until June 10, 2000 * (551)
The appointment of the presidential elections in the Russian Federation
The Federation Council must adopt a resolution on calling elections for the President of the Russian Federation in one of two cases: when the term of office of the President of the Russian Federation expires or when the post of President of the Russian Federation is vacated ahead of schedule, i.e. in case of resignation or for health reasons.
For example, in connection with the resignation of the President of the Russian Federation B.N. Yeltsin, the Federation Council on January 5, 2000 by decree N 4-SF "On the appointment of early elections of the President of the Russian Federation" appointed early presidential elections for March 26, 2000 * (552)
The appointment by the Federation Council of the election of the head of state is carried out in accordance with the Federal Law of January 10, 2003 N 19-FZ "On the election of the President of the Russian Federation" * (553).
The decision to call elections is made by the Federation Council no earlier than 100 days and no later than 90 days before voting day. Voting day in an election is the first Sunday after the month in which voting took place in the previous general election of the President of the Russian Federation.
Early elections of the President of the Russian Federation are called by the Federation Council when the President of the Russian Federation ceases to exercise his powers before the expiration of the constitutional term in case of resignation or for health reasons no later than 14 days from the date of such termination of powers. In this case, the voting day is the last Sunday before the day when three months expire from the date of the early termination of the President's powers. The decision to call elections for the President of the Russian Federation is made by a majority vote of the total number of members of the Federation Council and is formalized by a resolution of the Federation Council, which is subject to official publication in the media no later than five days from the date of its adoption.
Removal of the President of the Russian Federation from office.
Article 93 of the Constitution of the Russian Federation establishes high treason or the commission of another grave crime as the grounds for removing the President of the Russian Federation from office; the conditions and procedure for the removal of the President of the Russian Federation from office have been settled. There is no legislative regulation on this issue. Chapter 19 of the Rules of Procedure of the Federation Council contains detailed rules of the procedure applied to resolve this issue.
Appointment of judges of federal courts.
Appointment of judges of federal courts is referred by the commented article to the competence of the Federation Council. The State Duma is excluded from the process of appointing judges of the highest federal courts of Russia as a de facto legislator: it would be a violation of the principle of checks and balances to entrust the lower house of parliament, which determines the content of laws, with the appointment of judges who will apply these laws or assess their constitutionality. The upper chamber of the Russian parliament - the Federation Council - has only control powers in the legislative process, and therefore it is she who is assigned a decisive role in the mechanism for appointing judges of the highest federal courts * (554).
Candidates for appointment to the positions of judges of federal courts (the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation) shall be submitted to the Federation Council by the President of the Russian Federation or, on his behalf, by his plenipotentiary representative in the Federation Council.
The Federation Council shall consider the issue of appointing judges to the Constitutional Court of the Russian Federation within fourteen days from the date of receipt of the submission from the President of the Russian Federation. The issue of the appointment of judges of federal courts is included in the agenda of the session of the chamber as a separate issue.
Candidates submitted for appointment as judges of the Constitutional Court of the Russian Federation are preliminary discussed in the Federation Council Committee on Constitutional Legislation, which prepares an opinion on each candidate. Candidates submitted for appointment to the posts of other judges of federal courts are preliminarily discussed in the Federation Council Committee on Legal and Judicial Issues, which also prepares an opinion on each candidate.
At a sitting of the Federation Council, the conclusions of the above committees are heard. After discussion, each candidate is included in the ballot paper. By decision of the Federation Council, a secret ballot may be conducted using an electronic system. A person who receives the majority of votes from the total number of members of the Federation Council shall be deemed to be appointed to the position of a judge of these courts. This appointment is formalized by a resolution of the Federation Council. However, if a candidate nominated by the President of the Russian Federation for appointment as a judge does not receive the required number of votes from members of the Federation Council during the voting, it is rejected, which is formalized by a resolution of the Federation Council. No special voting is required for the adoption of this resolution.
If the Federation Council rejects the candidates presented by the President of the Russian Federation, the Federation Council may adopt a resolution proposing to the President of the Russian Federation to hold consultations in order to overcome the differences that have arisen. The said resolution is sent by the Chairman of the Federation Council to the President of the Russian Federation within three days. To hold consultations, the Federation Council forms a group of members of the Federation Council or instructs the Speaker of the Federation Council to conduct consultations.
A person appointed as a judge of the Constitutional Court of the Russian Federation takes an oath, the time of which is announced by the Chairman of the Federation Council. The swearing-in of a person is carried out by the Chairman of the Federation Council at a meeting of the chamber in a solemn atmosphere if the State Emblem of the Russian Federation and the State Flag of the Russian Federation are present in the Conference Hall of the Federation Council. Taking the oath is certified by the personal signature of the judge of the Constitutional Court of the Russian Federation under the text of the oath, indicating the date of its taking. The document remains stored in the Federation Council. After the judge (judges) of the Constitutional Court of the Russian Federation take the oath, the National Anthem of the Russian Federation is played.
After the announcement of the results of voting on candidates nominated by the President of the Russian Federation for appointment to the positions of judges of federal courts, except for the Constitutional Court of the Russian Federation, the Chairman of the Federation Council hands over to each person appointed to the position of a judge in a solemn atmosphere if the State Emblem of the Russian Federation and the State flag of the Russian Federation, a copy of the resolution of the Federation Council on its appointment.
Appointment and dismissal of the Prosecutor General of the Russian Federation.
A candidate for appointment or dismissal from the position of the Prosecutor General of the Russian Federation is presented to the Federation Council by the President of the Russian Federation or, on his behalf, by the plenipotentiary of the President of the Russian Federation in the Federation Council. These proposals are previously discussed in the Federation Council Committee on Legal and Judicial Issues and the Federation Council Committee on Defense and Security, which prepare appropriate conclusions.
The decision on appointment or dismissal from office is made by secret ballot. The Prosecutor General of the Russian Federation is deemed to be appointed or dismissed from it if a majority of the total number of members of the Federation Council voted for the candidacy presented by the President of the Russian Federation or for his dismissal. If the proposal of the President of the Russian Federation on the appointment or dismissal of the Prosecutor General of the Russian Federation does not receive the required number of votes of the members of the Federation Council during the voting, it is rejected. If the proposal to appoint the named candidate is rejected, the President of the Russian Federation, within 30 days, shall submit to the Federation Council a new candidate for appointment to the indicated position.
The decision on the appointment or dismissal to this position, as well as on the dismissal or on leaving in office, shall be formalized by a resolution of the Federation Council.
In case of a positive vote, the Chairman of the Federation Council shall swear in the person appointed to the post of the Prosecutor General of the Russian Federation. The oath of the Prosecutor General of the Russian Federation is heard by all who are in the Conference Hall of the Federation Council while standing. Taking the oath is certified by the personal signature of the Prosecutor General of the Russian Federation under the text of the oath, indicating the date of its taking. The document remains stored in the Federation Council. After taking the oath, the National Anthem of the Russian Federation sounds.
In practice, in connection with the appointment and dismissal of the Prosecutor General of the Russian Federation, there were differences of opinion of the President of the Russian Federation B.N. Yeltsin and the Federation Council.
After the resignation of the Prosecutor General A.I. Kazannik, on February 26, 1994, the President of the Russian Federation appointed A.N. Ilyushenko, whose candidacy was rejected by the Federation Council on October 25, 1994.
On October 24, 1995, Yu.I. Skuratov. In 1999, the Federation Council three times, on March 17, April 21 and October 13, rejected the proposal of the President of the Russian Federation to release Yu.I. Skuratov from the position of Prosecutor General. By Decree of April 2, 1999 N 415, the President removed Yu.I. Skuratov from the position of the Prosecutor General for the period of investigation of the criminal case initiated against him * (555). The Federation Council appealed to the Constitutional Court of the Russian Federation, believing that the President of the Russian Federation had invaded its jurisdiction. In Decree of December 1, 1999 N 17-P on the dispute over 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 a criminal case against him, the Constitutional Court indicated in paragraph 1 of the operative part that, in accordance with the Constitution of the Russian Federation, the competence of the Federation Council does not include the authority to issue an act on the removal of the Prosecutor General of the Russian Federation from office during the investigation of a criminal case initiated against him and that, based on the Constitution of the Russian Federation and in the absence of other legislative regulation, the act on the temporary removal of the Prosecutor General of the Russian Federation from office, the need for which is due to the initiation of a criminal case against him, the President of the Russian Federation is obliged to publish * (556). At the suggestion of the President of the Russian Federation V.V. Putin on May 17, 2000, the Federation Council released Yu.I. Skuratov from the position of the Prosecutor General of the Russian Federation.
Appointment and dismissal of the Deputy Chairman of the Accounts Chamber of the Russian Federation and half of its auditors.
The candidacy for the position of Deputy Chairman of the Accounts Chamber of the Russian Federation, as well as the issue of dismissal from the post, are considered by the Federation Council on the proposal of the President of the Russian Federation. Both of these issues are preliminarily discussed in the Federation Council Commission on Cooperation with the Accounts Chamber of the Russian Federation, which prepares a corresponding conclusion.
The issue of appointment to this position is considered within 30 days from the day following the day of receipt of the submission from the President of the Russian Federation.
The decision on appointment and dismissal is made by secret ballot. The Deputy Chairman of the Accounts Chamber of the Russian Federation is considered appointed or dismissed from it if the majority of the total number of members of the Federation Council voted for the candidacy presented by the President of the Russian Federation or for his release from office. If the proposal of the President of the Russian Federation on the appointment or dismissal of the Deputy Chairman of the Accounts Chamber of the Russian Federation does not receive the required number of votes of members of the Federation Council during the voting, it is rejected. If the proposal to appoint the named candidate is rejected, the President of the Russian Federation, within two weeks, shall submit a new candidate to the Federation Council for appointment to this position.
The decision to appoint or dismiss this position, as well as to dismiss or leave office, shall be formalized by a resolution of the Federation Council.
2. The Federation Council adopts resolutions on all issues listed in paragraph 1 of the commented article, as well as on issues contained in other articles of the Constitution of the Russian Federation (for example, Articles 104-108, 134-137). Resolutions refer to by-laws that are adopted on the basis of and in pursuance of laws.
Resolutions of the Federation Council can be normative and non-normative acts. A normative act is understood as an official document created by the competent authorities of the state and containing generally binding legal norms (rules of conduct) * (557). Such acts should include, for example, decisions on the adoption of the Rules of Procedure of the Chamber or amendments to it.
A normative act is an act that does not contain generally binding legal norms and is issued in relation to a specific legal entity or individual. Here we are talking about orders on the appointment or dismissal from it and on other actions of a one-time nature.
3. Part 3 of the commented article defines the general procedure for the adoption of resolutions by the chamber, for the approval of which a majority of votes of the total number of members of the Federation Council are required. However, not all resolutions of the Federation Council are considered in this order. There are exceptions when such decisions are adopted by a qualified majority. Qualified majority of votes - the number of votes equal to 3/4, 2/3 or 3/5 of the total number of members of the Federation Council. For example, when voting to dismiss the President of the Russian Federation from office, in accordance with Part 2 of Art. 93 of the Constitution of the Russian Federation, such a decision is made by 2/3 votes of the total number of members of the Federation Council. The same provision applies in the event of repeated consideration and approval of the federal law by the Federation Council in the previously adopted version (part 3 of article 107). At least 3/4 of the votes of the total number of members of the Federation Council is required for the adoption of a federal constitutional law (part 2 of article 108). At least 3/5 of the votes of the total number of members of the Federation Council is required to revise the provisions of Ch. 1, 2 and 9 of the Constitution of the Russian Federation ().
1. The Federal Assembly consists of two chambers - the Federation Council and the State Duma.
2. The Federation Council includes two representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies of state power.
3. The State Duma consists of 450 deputies.
1. The State Duma is elected for a term of five years.
2. The procedure for the formation of the Federation Council and the procedure for the election of deputies to the State Duma shall be established by federal laws.
1. A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections may be elected as a deputy of the State Duma.
2. One and the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of other representative bodies of state power and bodies of local self-government.
3. Deputies of the State Duma work on a professional permanent basis. Deputies of the State Duma cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities.
1. Members of the Federation Council and deputies of the State Duma shall have immunity throughout their term of office. They cannot be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to a personal search, except in cases where it is provided by federal law to ensure the safety of other people.
2. The issue of deprivation of immunity shall be decided upon on the proposal of the Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly.
Section 104
1. 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, legislative (representative) bodies of the constituent entities of the Russian Federation. The right to initiate legislation also belongs to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on issues of their jurisdiction.
2. Bills are submitted to the State Duma.
3. Bills on the introduction or abolition of taxes, exemption from their payment, on the issue of state loans, on changing the financial obligations of the state, other bills providing for expenses covered by the federal budget may be introduced only if there is an opinion of the Government of the Russian Federation.
Section 105
1. Federal laws are adopted by the State Duma.
2. Federal laws are adopted by a majority vote of the total number of deputies of the State Duma, unless otherwise provided by the Constitution of the Russian Federation.
3. Federal laws adopted by the State Duma shall be submitted to the Federation Council for consideration within five days.
4. A federal law shall be considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it or if it has not been considered by the Federation Council within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the differences that have arisen, after which the federal law is subject to reconsideration by the State Duma.
5. In case of disagreement of the State Duma with the decision of the Federation Council, the federal law shall be deemed adopted if, during the repeated voting, at least two thirds of the total number of deputies of the State Duma voted for it.
Section 106
Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration by the Federation Council:
a) the federal budget;
b) federal taxes and fees;
c) financial, currency, credit, customs regulation, money issue;
d) ratification and denunciation of international treaties of the Russian Federation;
e) the status and protection of the state border of the Russian Federation;
f) war and peace.
Section 107
1. The adopted federal law is sent within five days to the President of the Russian Federation for signing and promulgation.
2. The President of the Russian Federation within fourteen days signs the federal law and promulgates it.
3. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of a federal law, then the State Duma and the Federation Council shall reconsider this law in accordance with the procedure established by the Constitution of the Russian Federation. If, upon reconsideration, a federal law is approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and promulgated.
1. The jurisdiction of the Federation Council includes:
a) approval of changes in the borders between the constituent entities of the Russian Federation;
b) approval of the decree of the President of the Russian Federation on the introduction of martial law;
c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
e) calling the elections of the President of the Russian Federation;
f) removal of the President of the Russian Federation from office;
g) appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation * (20);
h) appointment and dismissal of the Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation * (21);
i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.
2. The Federation Council adopts resolutions on issues attributed to its jurisdiction by the Constitution of the Russian Federation.
3. Resolutions of the Federation Council shall be adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.
Commentary on Article 102 of the Constitution of the Russian Federation
1. A. The powers of the Federation Council provided for in clause "a" correspond to the norm of Part 3 of Art. 67 of the Constitution, according to which the boundaries between the subjects of the Russian Federation can be changed with their mutual consent. The need for the Federation Council to approve such changes is due to the fact that they may affect the interests of both the Federation itself and its other subjects; coordination of these interests is required.
The borders between the subjects of the Russian Federation are not state, but administrative borders. They exclude the creation of border control and customs regime. According to Part 1 of Art. 8 of the Constitution in the Russian Federation the unity of the economic space, free movement of goods, services and financial resources are guaranteed. The procedure for changing the administrative boundaries between the subjects of the Russian Federation differs from the procedure for changing the State Border of the Russian Federation, including in those cases when the subject of the Russian Federation borders on another state. The boundaries between the subjects of the Russian Federation change with their mutual consent (see the commentary to part 3 of article 67). In practice, the borders between the subjects of the Russian Federation changed usually in connection with the transfer of some settlements from one subject of the Russian Federation to another (between Vladimirskaya and Ivanovskaya, Vologda and Kostroma regions, etc.), sometimes areas were transferred (for example, the transfer of the Sokolsky district from Ivanovskaya to ). Such changes are most often due to the economic ties of the territories, the nature of communication routes, the creation of convenience for the population due to the gravitation of citizens to certain centers, etc. Many of these changes were related to the wishes of the citizens of certain settlements. Before the transfer of settlements, referendums were held among the population, as provided for by the legislation of the Russian Federation relating to municipalities.
In accordance with Art. 145 of the Rules of the Federation Council, when considering the issue of changing the borders between the constituent entities of the Russian Federation, the Federation Council shall submit: an agreement on changing the borders approved by the legislative (representative) government bodies of these constituent entities, the justification for changing the borders agreed by the constituent entities of the Russian Federation, and a map of the area. These documents are sent by the Chairman of the Federation Council to the Federation Council Committee on Federation Affairs and Regional Policy to prepare a conclusion. It is considered at a sitting of the Federation Council, which, by a majority vote of the total number of members of the Federation Council, adopts a resolution on the approval of new borders. However, the question remains unresolved in legal terms: what to do if the Federation Council does not agree with the opinion of the constituent entities of the Russian Federation and does not approve their agreement on changing the border.
B. Article 102 of the Constitution, establishing the jurisdiction of the Federation Council, refers to them the approval of the decree of the President of the Russian Federation on the introduction of martial law. Thus, this power falls under the exclusive jurisdiction of the Federation Council. In the event of aggression against the Russian Federation, an immediate threat of aggression, the President introduces martial law on the territory of the Russian Federation or in some of its localities. The President's constitutional obligation is to immediately report this to the State Duma and the Federation Council. If the message to the State Duma is of a notification nature, the Federation Council approves the imposition of martial law by the President.
The issue of approving a decree on the introduction of martial law must be considered by the Federation Council within 48 hours from the date of receipt of this decree. If, due to extraordinary and unavoidable circumstances under these conditions, a sitting of the Federation Council cannot be held at the specified time, such an issue may be considered later than the specified time. The decision to approve a presidential decree on the imposition of martial law is made by a majority vote of the total number of members of the Federation Council and formalized by a corresponding resolution.
If this decree is not approved by the Federation Council, such a decision is also formalized by a resolution of the Federation Council. A presidential decree on the introduction of martial law, not approved by the Federation Council, ceases to be effective from the next day after such a decision is made, about which the population is notified in the same manner in which it was notified about the introduction of such a provision.
C. The imposition of a state of emergency is a temporary measure used exclusively to ensure the safety of citizens and to protect the constitutional order of the Russian Federation. The purpose of the introduction is to eliminate the circumstances that served as the basis for it. The power to introduce it belongs to the President with immediate notification of this to the Federation Council and the State Duma. The message to the State Duma is mainly of a notification nature. The Federation Council, according to the Constitution, approves a presidential decree on the introduction of a state of emergency. The procedure for such approval is established by the Law on State of Emergency.
After the announcement of a presidential decree on the introduction of a state of emergency, members of the Federation Council are obliged to arrive at the meeting place as soon as possible without a special summons. The issue of approving such a presidential decree is considered by the Federation Council as a priority. The Federation Council, within a period not exceeding 72 hours from the date of promulgation of the decree, considers the issue of its approval and adopts a corresponding resolution. Considering this issue, the Federation Council checks the validity of the adoption of the decree on the state of emergency.
If the Federation Council has not adopted such a decree, then the latter becomes invalid after 72 hours from the moment of its promulgation, about which the population is notified. The duration of the state of emergency introduced throughout the territory cannot exceed 30 days, and introduced in certain localities - 60 days.
When a state of emergency is declared, the Federation Council and the State Duma continue their work throughout the entire period of the state of emergency.
D. The commented paragraph establishes the possibility of using the RF Armed Forces outside the country. The procedure for such use is regulated by Federal Law of 23.06.1995 N 93-FZ "On the Procedure for Providing the Russian Federation with Military and Civilian Personnel to Participate in Activities to Maintain or Restore International Peace and Security."
The Armed Forces are used outside the country in peacekeeping operations and in other cases stipulated by the UN Security Council in accordance with the UN Charter, regional bodies or within the framework of regional bodies or agreements of the Russian Federation, or on the basis of bilateral or multilateral international treaties that are not in accordance with the Charter UN enforcement action, i.e. peacekeeping activities; as well as in international coercive actions with the use of armed forces by decision of the UN Security Council, adopted in accordance with the UN Charter to eliminate threats to peace, violations of the peace or an act of aggression.
It should be emphasized that the Russian Federation, as a sovereign state, independently and taking into account its obligations under the UN Charter and international treaties, determines in each case the expediency of participating in peacekeeping activities. Participants in peacekeeping operations include both military and civilian personnel. The effect of this Federal Law does not apply to the procedure for using the Armed Forces of the Russian Federation in the implementation of Russia's inalienable right to individual or collective self-defense to repel an armed attack in accordance with Art. 51 of the UN Charter.
The decision to send military personnel outside the territory of the Russian Federation to participate in peacekeeping activities is made by the President, who determines their area of \u200b\u200boperation, tasks, subordination, length of stay, replacement procedure, and also establishes additional guarantees and compensations for said servicemen and their families in accordance with the law. The decision to send civilian personnel outside the territory of the Russian Federation on a voluntary basis to participate in peacekeeping activities is taken by the Government of the Russian Federation. All these decisions are made on the basis of a resolution of the Federation Council on the possibility of using the Armed Forces outside the territory of the Russian Federation. This resolution is adopted by the Federation Council on the basis of clause "g" of Part 1 of Art. 102 of the Constitution.
The President, in accordance with the law, makes a decision to recall these military formations if, due to a change in the international military-political situation, their further participation in peacekeeping activities becomes inexpedient. The President informs the Federation Council and the State Duma of the decision made.
In the Definition of the Constitutional Court of the Russian Federation of 04.12.1995 N 115-O, the correlation of the constitutional provisions formulated in paragraph "d" of Part 1 of Art. 102 and item "g" of Art. 106 of the Constitution. The applicant believed that if the Federation Council gave its consent to the ratification of an international treaty providing for the possibility of using the Armed Forces outside the territory of Russia, then by doing so, he used his powers provided for in paragraph "d" of Part 1 of Art. 102 of the Constitution. The Constitutional Court concluded that consideration by the Federation Council of a law adopted by the State Duma on the ratification of any international treaty, including on the use of the Armed Forces, is mandatory, regardless of whether or not a preliminary decision was made by the Federation Council on the use of the Armed Forces outside country.
D. In accordance with Art. 5 of the Law on the Election of the President of the Russian Federation, the holding of presidential elections within the terms established by the Constitution is mandatory. The decision to call elections must be made by the Federation Council no earlier than 100 days and no later than 90 days before voting day. If the Federation Council does not call the presidential election within the time period established by law, the elections are called and held by the CEC of the Russian Federation. In the event that the President terminates his powers before the expiration of the constitutional term, the Federation Council, no later than 14 days from the date of such termination of powers, shall call an early presidential election. In this case, voting day is the last Sunday before the day when three months expire from the date of the early termination of the President's duties. The decision of the Federation Council on early elections is published in the media no later than five days from the date of its adoption. This practice took place in 2000, when in connection with the resignation of the President of the Russian Federation B.N. Yeltsin December 31, 1999, March 26, 2000 were scheduled for early presidential elections.
E. The procedure for removing the President from office is regulated in detail by Art. 93 of the Constitution. The final decision is made by 2/3 votes of the constitutional number of members of the Federation Council. It must be adopted within three months after the State Duma brings charges against the President. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered rejected. The Federation Council in Russia did not consider such cases. In 1999, none of the charges against President B.N. Yeltsin was not accepted by the State Duma, and, therefore, the case did not go to the Federation Council.
G. The procedure for appointing judges to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation is regulated by Art. 173-178 of the Rules of Procedure of the Federation Council. Candidates for appointment to these positions (as well as to the positions of judges from Russia to the CIS Economic Court) are presented to the Federation Council by the President or, on his behalf, by the President's plenipotentiary in the Federation Council (in practice, the latter method is used). This issue is considered by the Federation Council within 14 days from the date of receipt of the President's submission. Candidates for these positions are preliminary discussed in the Federation Council Committee on Legal and Judicial Issues, which prepares an opinion on each candidate. Candidates can be invited to the Committee meeting, but this is not required. At a plenary session of the Federation Council, the conclusions of the Committee on Legal and Judicial Issues are heard, and a discussion takes place. Each candidate nominated by the President, regardless of the opinion of the Committee on it, is included in the ballot paper. A person who has received a majority of votes from the total number of members of the Federation Council by secret ballot is considered to be appointed. The appointment is formalized by a resolution of the Federation Council. If the candidate (s) is rejected, the Federation Council may adopt a resolution proposing to the President to hold consultations in order to overcome the differences that have arisen. To conduct consultations, the Federation Council forms a group of members of the Federation Council or instructs the Chairman of the Federation Council to conduct them.
A person appointed to the position of a judge of the Constitutional Court of the Russian Federation, unlike judges of other higher courts, is sworn in by the Chairman of the Federation Council at a meeting of the chamber in a solemn atmosphere. The judge of the Constitutional Court takes the oath with his hand on the Constitution (the text of the oath is established by the Law on the Constitutional Court of the Russian Federation), and signs the corresponding text with the date. The Chairman of the Federation Council shall present to the appointed members of other higher courts a copy of the decision of the Federation Council on the appointment.
Z. A candidate for appointment to the post of the Prosecutor General of the Russian Federation is submitted to the Federation Council by the President or, on his behalf, by the President's plenipotentiary in the Federation Council (in practice, the latter method is used). The Federation Council must consider the candidacy within 30 days from the day following the day of receipt of the proposal. The candidacy is preliminarily discussed in the Federation Council Committee on Legal and Judicial Issues, as well as in the Defense and Security Committee. The decision on the appointment of the Prosecutor General is made at meetings of the Federation Council by secret ballot. The Attorney General is deemed to have been appointed to office if the majority of the total number of members of the chamber voted for the proposed candidate. If such a majority is not obtained, the candidacy is considered rejected. Both the one and the other result is formalized by a resolution of the Federation Council. If a positive decision is not made, the President shall submit a new candidate for the post of Prosecutor General to the Federation Council within 30 days. The issue of dismissing the Prosecutor General from office is considered by the Federation Council at the suggestion of the President; the proposal is preliminary discussed in the above-mentioned committees. They prepare their conclusions for a meeting of the Federation Council. To resolve the issue, a majority of votes of the total number of members of the Federation Council is required by secret ballot (see commentary to Article 129).
The practice of appointing and dismissing the Attorney General from office is diverse. Sometimes the Federation Council did not make a decision the first time. The President has no right to dismiss the Prosecutor General, but in 1999 he suspended his powers (see the commentary to Article 129). In accordance with the Law on the Prosecutor's Office, the Federation Council also appoints and dismisses the first deputy and deputies of the Prosecutor General. A similar procedure is used (Article 186 of the Rules of Procedure of the Federation Council).
I. In accordance with the Federal Law "On the Accounts Chamber of the Russian Federation", the Deputy Chairman of the Accounts Chamber and auditors (since 2007) are appointed by the Federation Council on the proposal of the President for a period of six years. The President submits candidates to the Federation Council no later than three months before the expiration of the powers of the current Deputy Chairman of the Accounts Chamber and auditors. Conclusions on candidacies are given by the Federation Council commission for interaction with the Accounts Chamber. In case of early dismissal of the Deputy Chairman of the Accounts Chamber, the President shall present candidates for these positions within two weeks, the vacant position of the auditor must be filled within two months. In case of rejection, the President submits a new candidacy, while he has the right to re-submit the same candidacy for consideration by the Federation Council or submit a new one.
Citizens of the Russian Federation who do not have foreign citizenship or a residence permit on the territory of a foreign state, who have higher education and professional experience in the field of state control, economics and finance, can be appointed as the Deputy Chairman of the Accounts Chamber and auditors. Within 1/4 of the total number of auditors of the Accounting Chamber, it is allowed to appoint persons with higher education and professional experience in a different profile to the positions of auditors.
The resolution on the appointment is adopted by the Federation Council by secret ballot by a majority vote of the total number of its members. The Deputy Chairman of the Accounts Chamber and auditors are not entitled to engage in other paid activities other than teaching, scientific and other creative activities.
2. Resolutions of the Federation Council adopted on issues of its jurisdiction shall be signed by the Speaker of the Federation Council or his deputy. Unlike laws approved by the Federation Council, its decrees do not require the signature of the President.
3. The adoption of resolutions of the Federation Council by a majority of votes of the total (ie, the composition provided for by the Constitution, regardless of the actual staffing of the chamber) number of its members reflects the usual practice of making important decisions by many collegial bodies. Most decisions of the Federation Council are adopted in this order. At the same time, a different procedure for making decisions by the Federation Council is allowed, if this is provided for by the Constitution. For example, the decision to remove the President from office is adopted by 2/3 of the votes (Article 93 of the Constitution), and federal constitutional laws require approval by a majority vote of at least 3/4 of the total number of members of the Federation Council. Some procedural issues can be resolved by a majority of the members of the Federation Council present.
Search Lectures
Russian Federation;
a) the federal budget;
f) war and peace.
Conclusion
In the course of this work on improving legislation, for the first time in the modern legal history of the Russian Federation, at the level of the Federal Law, the concept of a faction of deputies of the State Duma was fixed. As you know, before the adoption of the Federal Law "On Amendments", the content of the concept of "faction" in the State Duma was fixed exclusively in the Rules of Procedure of the State Duma, i.e. in the bylaw.
Considering the above, it should be noted that in the future, in the conditions of the transition to a fully proportional system of forming the State Duma, the material, political, organizational costs required for a political party to elect a candidate will significantly increase.
If a candidate, after being elected from one political party, moves to the faction of another party, then the party that elected him actually incurs significant losses, both political and reputation, and material.
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The Parliament of Russia is called the Federal Assembly. It consists of two chambers. They are usually divided into upper and lower. The upper one is the Federation Council. The lower house of parliament is the State Duma.
The Parliament of Russia is called the Federal Assembly. It consists of two chambers. They are usually divided into upper and lower. The upper one is the Federation Council. The Federation Council delegates two representatives from the executive and representative bodies of each subject of the country. The lower house of parliament is the State Duma, which includes 450 members.
Bicameral Parliament
The division into two chambers was not invented in Russia. Parliament exists to pass and approve laws. The bicameral system of parliament assumes that the lower house develops and proposes these laws, and the upper one approves them. Two parliamentary chambers exist in many countries in Europe and America.
The division into two chambers was introduced in order for all regions of the country to have their representative in the main legislative body of the country, as well as for one chamber to control the activities of the other.
The Federation Council can approve a law only after it has been approved by the State Duma. At the same time, the upper house cannot change anything in the law, but only agree with its adoption or disagree.
The upper house (Federation Council) also bears the informal name "Senate", by analogy with the foreign system of separation of state power. It includes members of the Federation Council (they are not deputies). Deputies make up the State Duma (lower house). Each convocation of the Duma recruits 450 deputies.
The Federation Council makes decisions in cases when it comes to an important geopolitical issue - changing borders within the country. They also approve a state of emergency in the country if the president decides to impose it. The Federation Council regulates the participation of the armed forces of the Russian Federation if the war is not being fought on the territory of the country. The Federation Council can declare impeachment to the president when 2/3 of the State Duma members express their lack of confidence in the president. The Upper Chamber appoints to the positions of judges of the main courts of the country (Constitutional, Supreme, Supreme Arbitration), the Prosecutor General of the Russian Federation and Deputy Chairman of the Accounts Chamber, as well as 50% of its auditors.
The Federation Council on a mandatory basis considers laws adopted by the State Duma concerning the country's budget; federal taxes and fees; financial regulation, the release of new money into circulation; the conclusion and termination of international treaties by Russia; issues of the country's borders and its participation in hostilities.
If the law is approved by the upper house, five days are given to send it to the president. The head of the country has two weeks to sign the law and inform the population about it.
The president and the head of government cannot dissolve the Federation Council. In turn, for the appointment of the president, it is necessary to obtain the consent of the Federation Council. Removing the president from office is also within the powers of the upper house of parliament.
The upper house has its own chairman. Since 2011, they have been Valentina Matvienko, who became the first woman in the history of Russia in this position. In accordance with the rules for the formation of the composition of the upper chamber, when two people are delegated from the subject of the country, the Petersburg woman represents in the Federation Council the executive body (in this case, the city government) of the state power of St. Petersburg. The representative body (in this case, the Legislative Assembly of St. Petersburg) of the same region to the Council delegated Andrey Kutepov.
Senatorial seats in 2016 received 18 new representatives from 39 regions of the country. They replaced their predecessors, whose powers were terminated. Some Council members have returned after a break in their activities. For example, the widow of Anatoly Sobchak, Lyudmila Narusova, will resume her activities in the Federation Council, which was interrupted in 2012. Narusova will represent Tuva at the appointment of its head Sholban Kara-oola.
What does the State Duma do
First of all, the State Duma exists to pass laws and approve the country's budget. In addition, in accordance with Article 103 of the Constitution, the State Duma has the following powers:
- gives consent to the president to appoint the prime minister of the Russian Federation (the second name for the chairman of the government);
- decides the issue of confidence in the government;
- every year hears the reports of the government on its activities, in particular on issues raised by the lower house;
- appoints and dismisses the chairman of the Bank of Russia;
- appoints the chairman of the Accounting Chamber and 50% of its auditors, and also dismisses them from office;
- appoints to the post of the Commissioner for Human Rights, and also dismisses him from his post;
- makes a release from judicial punishment or replaces it with a milder one (amnesty);
- when deciding to dismiss the president, formulates charges against him.
Only the State Duma decides on confidence in the government. The government of the Russian Federation (which consists of the chairman, his deputies and ministers) and the president himself report on their work to the lower house. However, by decree of the President, the State Duma may be dissolved. This happens when the Duma three times in a row did not agree to the candidate proposed by the president for the post of prime minister and for three months in a row expressed no confidence in the government. The only case when, subject to the specified conditions, the Duma cannot be dissolved is if it has been working for the first year.
State Duma now
The seventh convocation of the lower house of parliament brought its own changes. Vyacheslav Volodin, former deputy head of the presidential administration, was appointed speaker of the State Duma. He took the place of Sergei Naryshkin, who chaired the Duma of the sixth convocation, and now took over as head of the Foreign Intelligence Service.
United Russia currently has an absolute number of votes in the lower house. This means that United Russia may no longer consult with representatives of other factions when adopting laws and resolving other important issues. In general, six parties are represented in the Duma of the seventh convocation. The Communist Party received 42 mandates, the Liberal Democratic Party - 39, "Fair Russia" received 23 mandates. Representatives of two non-parliamentary parties also received seats in the State Duma. This is Rodina, which received one mandate, and another - from the Civic Platform.
In 2016, the State Duma has fewer committees. There were 26 of them left, when in the last convocation there were 30. In the Duma they united into one committee on natural resources, property and land relations, merged committees on transport and construction, the same fate befell the committees on education and science. 13 committees, that is, exactly half, were headed by representatives of the "United Russia".
Search Lectures
The powers of a member of the Federation Council begin from the day the Federation Council decides to confirm his powers as a member of the Federation Council and terminate from the day the Federation Council decides to confirm the powers of a new member of the Federation Council - a representative from the same government body of a constituent entity of the Russian Federation.
The powers of a member of the Federation Council shall be terminated ahead of schedule on the grounds provided for in part one of Article 4 of 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."
The powers of a member of the Federation Council may also be terminated ahead of time by the legislative (representative) body of state power of the constituent entity of the Russian Federation who has elected (appointed) him, respectively, or by the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) in the same manner as he is elected (appointed) a member of the Federation Council, on the proposal of the Chairman of the Federation Council.
The jurisdiction of the Federation Council includes:
- approval of changes in the boundaries 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 on the introduction of 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;
- appointment of elections of the President of the Russian Federation;
- removal of the President of the Russian Federation from office;
- appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court
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;
- legislative activity, consideration of federal laws adopted by the State Duma, consideration of federal laws adopted by the State Duma on the ratification and denunciation of international treaties, issues of foreign policy and inter-parliamentary cooperation, international activities;
- coordination of the appointment and recall of diplomatic representatives;
- appeal to the Constitutional Court of the Russian Federation;
- appointment and dismissal of members of the Central Election Commission of the Russian Federation.
The Federation Council adopts resolutions on issues attributed to its jurisdiction by the Constitution of the Russian Federation. They are adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.
Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration by the Federation Council:
a) the federal budget;
b) federal taxes and fees;
c) financial, currency, credit, customs regulation, money issue;
d) ratification and denunciation of international treaties of the Russian Federation;
e) the status and protection of the state border of the Russian Federation;
f) war and peace.
In the article "The Federal Assembly of Russia: Prospects for Improving Organization and Activities" 1 Doctor of Law, Professor S.А. Avakyan notes that the procedure for forming the Federation Council also raises certain concerns. The current, third, version of the formation of the chamber is imperfect, which was revealed in different directions:
1) members of the Federation Council have become completely dependent on those who delegated them to the chamber, they are removed at any time, and without explanation, sometimes only in order to send “their” and more convenient representative to the chamber;
2) the chamber has become a haven for politicians who have not found a more worthy place for themselves at the federal level, pushed out of regional structures;
3) the ward does not have a face and a bright style of activity.
Conclusion
In the spring and summer of 2005, the federal electoral legislation and the legislation of a number of related branches of law were significantly updated. Federal Law No. 51-FZ "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" was adopted, according to which all deputies of the State Duma of the fifth convocation will be elected exclusively according to the proportional system, as well as Federal Law No. 93-FZ "On amendments to legislative acts of the Russian Federation on elections and referendums and other legislative acts of the Russian Federation ", according to which uniform voting dates are established, the institution of electoral blocs is abolished, and significant changes are made to the internal parliamentary activities.
In the course of this work on improving legislation, for the first time in the modern legal history of the Russian Federation, at the level of the Federal Law, the concept of a faction of deputies of the State Duma was fixed.
As you know, before the adoption of the Federal Law "On Amendments", the content of the concept of "faction" in the State Duma was fixed exclusively in the Rules of Procedure of the State Duma, i.e. in the bylaw.
In accordance with paragraph 4 of Art. 2 of the Federal Law "On Amendments" 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" is supplemented by Art. 7.1, which establishes that a faction is an association of State Duma deputies elected on the federal list of candidates, which was admitted to the distribution of deputy mandates in the State Duma. The faction includes all the deputies of the State Duma elected on the corresponding federal list of candidates. Fractions in the State Duma are registered in accordance with the Rules of Procedure.
Based on the above definition of a faction, as well as taking into account the entire range of amendments proposed by the Federal Law "On Amendments", it can be argued that in the State Duma of the fifth convocation, the faction will be the only deputy association - deputy groups as independent participants in intra-parliamentary activities are abolished. Making such a decision, the legislator was guided by the fact that deputy groups in their modern concept are, first of all, associations of single-mandate deputies and independent deputies. Given the transition to a fully proportional electoral system in the elections to the State Duma, in which all deputies will be nominated in the lists exclusively by political parties, deputy groups are becoming an unnecessary element.
It should be noted that the aforementioned short story provides for the “automatic” inclusion of a deputy in the corresponding faction. As you know, the current norms of the Rules of Procedure provide for an exclusively voluntary entry of a deputy into a faction after the corresponding deputy has submitted his application.
Considering the above, it should be noted that in the future, in the conditions of the transition to a fully proportional system of forming the State Duma, the material, political, organizational costs required for a political party to elect a candidate will significantly increase. If a candidate, after being elected from one political party, moves to the faction of another party, then the party that elected him actually incurs significant losses, both political and reputation, and material.
It was the desire to achieve stricter party discipline, as well as the protection of voters' rights in terms of informing them about the actual views and beliefs of the candidates, that served as the reason for the de facto consolidation in the Federal Law "On Status" of a ban on the transfer of a deputy to a faction formed by the wrong political party that nominated him , that is, the prohibition of defecation. So, the powers of a deputy of the State Duma of the next convocation will be terminated in the event of his resignation on a personal statement from the faction in which he is in accordance with Art. 7.1 of the specified Federal Law.
In world practice, there are many examples when legislation directly establishes a sanction in the form of deprivation of a deputy's mandate for transferring to another faction or political party.
Taking into account the above positive aspects, it should be noted that in the absence of a strong system of political parties in Russia, the novels under consideration can only create some prerequisites for its formation, but by no means solve all the issues. For example, a strict ban on leaving a faction does not at all prohibit a deputy, formally remaining a member of the faction and not submitting an application for withdrawal, not to participate in its work, vote at meetings against the decisions worked out by the faction, that is, in fact, not to be a member of it.
Of course, federal legislation cannot contain such provisions (including it is impossible to legislatively establish the duty of a deputy to vote in accordance with the will of the faction he is a member of, or the political party of which he is a member), since they contradict both the letter and spirit of the Constitution Of the Russian Federation and the principles of a democratic state. However, the absence of such legal norms should by no means be considered by the deputies of the State Duma as their complete lack of control or as an opportunity to be elected under the guise of one political ideology, and after receiving a deputy mandate to act in accordance with completely different ideology and beliefs, or change their views depending on the current situation. ...
Another fundamental novelty included in the Federal Law "On Status" was the new edition of Part 1 and 2 of Art. 8. After the entry into force of these provisions, a deputy of the State Duma will be obliged to maintain contact with voters, that is, to consider applications from voters, to personally receive citizens in the manner and terms established by the Rules of the State Duma, but at least once every two months, to conduct meetings with voters at least once every six months, as well as take other measures provided for by the legislation of the Russian Federation to ensure communication with voters.
At the same time, a deputy of the State Duma who was a candidate for a regional group of candidates of the federal list of candidates will have to maintain contact with voters in the territory to which this regional group of candidates corresponded (that is, with voters in the corresponding constituent entity of the Russian Federation, the corresponding group of constituent entities of the Russian Federation, or on a part of the territory of the subject of the Russian Federation). A deputy of the State Duma who was a candidate for the federal part of the federal list of candidates will have to keep in touch with voters in the subject (s) of the Russian Federation not covered (not covered) by regional groups of candidates of the specified list, between whom deputy mandates are distributed, and if necessary - and in another subject (other subjects) of the Russian Federation. For such a deputy of the State Duma, the subject (s) of the Russian Federation will be determined by the faction in the State Duma in which he is a member.
It should be noted that in accordance with the current legal regulation, maintaining communication with voters will be consolidated more imperatively and will become the direct responsibility of the deputy. In addition, for the first time, at the level of the Federal Law, specific terms have been fixed in which a deputy must, for example, meet with voters.
At the same time, as some negative aspect, it should be noted that the sanction for violation of this obligation was not established in the Federal Law "On Status". Of course, there are general legal mechanisms for forcing an official to perform the duties assigned to him, but I believe that in this situation, taking into account the status of a deputy of the State Duma, they will not be so effective.
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Copyright Infringement and Personal Data Infringement
What is the executive branch? What functions does it perform? What is the difference between the executive branch and the judicial and legislative branches? What organs does it consist of? We will answer these frequently asked questions in our material.
The executive branch is one of three types of government in countries with its division. The Constitution of the Russian Federation contains the statement that state power in Russia is divided into legislative, executive and judicial (Art. 10). What is the difference between these three types of power and what exactly does each of them do? What does the structure of each of the named types of government look like in our country? Today in our article we will talk about executive power.
If with the judiciary everything is more or less clear (the judicial power is the system of the country's judicial bodies, which include the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration and constitutional courts), then with the other two types, everything is not so simple.
Legislature - power in the field of legislation. It is run by a separate legislative body. In the Russian Federation, legislative power is exercised by the Federal Assembly. It consists of two chambers - upper and lower. The upper one is called the Federation Council. Lower - the State Duma of the Russian Federation. In the constituent entities of Russia, legislative power is exercised by the Legislative Assemblies.
Executive power - one of the independent and independent public authorities in the state. It is implemented as a set of powers for managing public affairs, that is, it represents the structure of the bodies exercising these powers.
The executive authorities its implementation is in progress. These are usually designated bodies. The main task of the executive authorities is to comply with the provisions of the Constitution, federal laws and other regulations. The executive branch and the legislative branch must be strictly separated so as not to influence each other.
Subjects of executive power
With considering federated structure The following subjects of executive power:
1) the Russian Federation as a democratic federal state, the sovereignty of which extends to the entire territory of the Russian Federation;
2) equal subjects of the Russian Federation: republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts.
From point of view government administration the subjects of executive power in the Russian Federation are: 1) the President of the Russian Federation; 2) the Government of the Russian Federation; 3) federal executive bodies (federal ministries, federal services and federal agencies); 4) territorial bodies of federal executive bodies; 5) the heads of the executive power of the constituent entities of the Russian Federation (presidents, heads of administrations); 6) the governments of the constituent entities of the Russian Federation; 7) other executive bodies of the constituent entities of the Russian Federation.
Accordingly, there is a division into federal executive bodies and executive bodies of subjects (regional). The federal executive authorities in the Russian Federation consist of three parts - these are ministries, federal services and federal agencies.
Federal executive authorities
federal Service- the general name of the federal government body that exercises control and supervision over the implementation of legal norms in a particular area. Federal agency - a kind of federal executive bodies of Russia. The main functions are law enforcement, provision of public services, management of state property. Ministries each manage a certain area of \u200b\u200bactivity.
The activities of federal ministries, services and agencies are managed by president of the Russian Federation.He also decides on the creation and abolition of these executive bodies. For example, by the decree of Russian President Vladimir Putin in April 2016, the Federal Drug Control Service of the Russian Federation (FSKN) and the Federal Migration Service (FMS) were abolished. Their functions were transferred to the Ministry of Internal Affairs (MVD).
In the same spring, the president ordered the creation of the Federal Service of the National Guard Troops of the Russian Federation (Rosgvardia). It also exercises executive power. The internal troops of the Ministry of Internal Affairs were transformed into the National Guard. Rosgvardia represents the federal executive authorities.
At the moment, the executive bodies of state power (federal) have the following structure:
1. Ministry of Internal Affairs of the Russian Federation (Ministry of Internal Affairs of Russia)
2. Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters (EMERCOM of Russia)
3. Ministry of Foreign Affairs of the Russian Federation (MFA of Russia)
4. Ministry of Defense of the Russian Federation (Ministry of Defense of Russia)
5. Ministry of Justice of the Russian Federation (Ministry of Justice of Russia)
6. State courier service of the Russian Federation (GFS of Russia)
7. The Foreign Intelligence Service of the Russian Federation (Federal Service) (SVR of Russia)
8. Federal Security Service of the Russian Federation (Federal Service) (FSB of Russia)
9.Federal Service of the National Guard Troops of the Russian Federation (Federal Service)
10. Federal Security Service of the Russian Federation (Federal Service) (FSO of Russia)
11. Federal Service for Financial Monitoring (Rosfinmonitoring)
12. Federal Archival Agency (Rosarkhiv)
13. Main Directorate of Special Programs of the President of the Russian Federation (Federal Agency) (GUSP)
14. Administrative Department of the President of the Russian Federation (federal agency)
15. Investigative Committee of the Russian Federation (Investigative Committee) (federal state body)
What does the executive authority do
One of the executive bodies is the Ministry of Justice of the Russian Federation. This federal ministry is engaged in the development and implementation of public policy and legal regulation, as well as exercising law enforcement and control and supervision functions in the areas of the execution of criminal sentences, the legal profession and advocacy, notaries and notarial activities, providing free legal aid and legal education of the population. and others.
The Minister of Justice, like other ministers, is appointed by the President of the Russian Federation. The apparatus of the Ministry of Justice consists of the central office, territorial bodies of the Ministry of Justice, forensic institutions, the Scientific Center for Legal Information and other units. The executive power in its bodies often has a complex and ramified structure.
Regional executive authorities
The executive bodies of the constituent entities (regional bodies) consist of committees (in Moscow and St. Petersburg), departments and headquarters... The executive authorities in the region are also administrations, governments, which are headed by the head of the administration, the governor or the chairman of the government. The name of the executive authority and its structure are established by the subject of the federation in accordance with local traditions and characteristics.
The executive power, through its bodies in accordance with their powers, solves the tasks of ensuring the socio-economic development of the region in direct interaction with the bodies of representative power. The basis for the formation of regional government structures is an approximate structure determined by the Government of the Russian Federation.
At the same time, when creating structural divisions of regional executive bodies and agreeing on their composition, the peculiarities of a particular region are taken into account. Regional executive authorities are characterized by a significant variety of structures, composition and size.
Signs of executive power
The executive branch has the following signs:
- is a limited and relatively independent branch of government;
- is a conductor of state policy in life;
- subordinate in nature and purpose;
- objectified in the form of a well-organized system of executive authorities;
- its activity is executive and administrative and is of a constant, continuous nature;
- is the exclusive owner of material resources and power of a coercive nature.
In one of the following materials, we will continue the conversation about the three types of power and analyze what is legislature.
from office
In accordance with paragraph "e" of Part 1 of Article 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes the appointment of elections for the President of the Russian Federation. And in accordance with paragraph "e" of Part 1 of the same article - the removal of the President of the Russian Federation from office.
The Federation Council must adopt a resolution on calling elections for the President of the Russian Federation in one of two cases: when the term of office of the President expires or when the post of President is vacated ahead of schedule.
Holding elections for the President of the Russian Federation within the time frame established by the Constitution is mandatory. The decision to call elections must be made no earlier than 100 days and no later than 90 days before voting day. Voting day is the second Sunday of the month in which voting took place in the previous general presidential elections and in which the President of the Russian Federation was elected four years ago. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption11.
Early elections of the President of the Russian Federation shall be called by the Federation Council when the President of the Russian Federation terminates the exercise of his powers before the expiration of the constitutional term in the cases provided for by Part 2 of Article 92 of the Constitution of the Russian Federation. In this case, voting day is the last Sunday before the day when three months expire from the date of the early termination of the exercise of powers by the President of the Russian Federation.
If the President of the Russian Federation terminates the exercise of his powers before the expiration of the constitutional term in the cases and in the procedure provided for by the Constitution of the Russian Federation, early elections are called by the Federation Council no later than 14 days from the date of such termination of powers12.
Neither the Constitution, nor the aforementioned law, nor the Rules of Procedure have regulated the issue of calling presidential elections in the event of the death of the President. Obviously, the Federation Council will have to make a decision by analogy either on the same day when the President's death is ascertained in the prescribed manner, or, if this is deemed inappropriate for ethical reasons, or if it turns out to be impossible to immediately convene a meeting of the Council, then within two weeks from in order to, as far as possible, observe the three-month deadline for the election of a new President, established in part 2 of Art. 92 of the Constitution.
The President of the Russian Federation may be removed from office by the Federation Council only on the basis of charges brought by the State Duma of high treason or committing another serious crime13.
The issue of removing the President from office is included first, without discussion, on the agenda of a sitting of the Federation Council convened by its Chairman no later than 72 hours after receiving the opinion of the Constitutional Court. The President of the Russian Federation, the Chairman of the Government of the Russian Federation, the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation are notified of the date of this meeting. The President, the Chairman of the State Duma, the Chairman of the Government, members of the special commission of the State Duma, the Chairman of the Constitutional Court and the Chairman of the Supreme Court are invited to this meeting14.
The current Constitution, in comparison with the previous one, has significantly changed the grounds and procedure for removing the President. In the latter, such grounds were a violation of the Constitution, laws of the Russian Federation and the oath, and the decision to dismiss was made by the Congress of People's Deputies of the Russian Federation on the basis of the conclusion of the Constitutional Court at the initiative of the Congress, the Supreme Soviet of the Russian Federation or one of its chambers. The reasons mentioned were rather vague and vague, for the most part difficult to establish. 1993 Constitution gave the grounds for exclusion a legal shell, made them legally demonstrable.
In addition, both chambers of the Federal Assembly are involved in the procedure for dismissal, each of which has different powers: the Duma brings charges, the Federation Council decides to dismiss.
The Supreme Court (it confirms the presence of signs of a crime in the actions of the President) and the Constitutional Court (it gives an opinion on the observance of the established procedure for bringing charges) are also involved in the procedure for removal. Involvement of bodies of different branches of government in the procedure of dismissal corresponds to the principle of separation of powers.
To resolve issues related to dismissal, the need for a qualified majority of 2/3 votes in each chamber has been established. This is due to the special importance of the issues being addressed. The Duma's accusation requires serious justification and responsibility in initiating this process. An initiative of at least 1/3 of the total number of Duma deputies is required, the formation of a special commission by the Duma.
Part 3 of Art. 93 of the Constitution of the Russian Federation established time limits during which the procedure for removal should be carried out - after the presentation of accusations by the Duma, it must be completed no later than three months.
Powers of the Federation Council of the Federal Assembly of the Russian Federation
If no decision is made within this period, the accusation against the President shall be dismissed. The establishment of this term is due to the fact that the procedure of removal makes the position of the President unstable and uncertain, which may negatively affect the functioning of the entire system of state power.
1.5 Appointment of judges to the Constitutional, Supreme, Supreme Arbitration Courts of the Russian Federation and the Prosecutor General of the Russian Federation
In accordance with clause "g" of Part 1 of Art. 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes the appointment of judges to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Arbitration Court of the Russian Federation. In accordance with clause "z" of the same article, the jurisdiction of the Federation Council includes the appointment and dismissal of the Prosecutor General of the Russian Federation.
Judges of the Economic Court of the Commonwealth of Independent States in accordance with paragraph 7 of the Regulations on the Economic Court of the Commonwealth of Independent States, approved by the Agreement on the status of the Economic Court of the Commonwealth of Independent States on July 6, 1992, are appointed to the position in the manner established for the appointment of judges of the Supreme Arbitration Court of the Russian Federation ...
Candidates for appointment to the posts 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, the Economic Court of the Commonwealth of Independent States shall be submitted to the Federation Council by the President of the Russian Federation or, on his instructions, by the plenipotentiary of the President of the Russian Federation in the Federation Council15.
The issue of appointing judges to the Constitutional Court of the Russian Federation shall be considered by the Federation Council within fourteen days from the date of receipt of the submission from the President of the Russian Federation16.
If the Federation Council rejects the candidates submitted by the President of the Russian Federation for appointment to the posts 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, the Economic Court of the Commonwealth of Independent States, the Federation Council may adopt a resolution proposing to the President of the Russian Federation on holding consultations in order to overcome the differences that have arisen. The said resolution shall be sent by the Chairman of the Federation Council to the President of the Russian Federation within three days. To conduct consultations, the Federation Council forms a group of members of the Federation Council or instructs the Speaker of the Federation Council to conduct consultations.
Since 1994, the chamber has appointed 12 judges of the Constitutional Court; She rejected 8 submitted candidates (the last case was in 1999), and three of them were rejected twice, and one candidacy - 3 times. The President's nomination on candidates for the positions of judges of the Supreme Court and the Supreme Arbitration Court is made taking into account the opinion of the chairman of the relevant court (Article 6 of the RF Law "On the Status of Judges in the Russian Federation"); of the many dozen candidates proposed by the President, the Chamber rejected only two - in January 1995.
The Prosecutor General of the Russian Federation is appointed to office and dismissed from office by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation18.
The Federation Council shall consider the issue of appointing the Prosecutor General of the Russian Federation within 30 days from the day following the day of receipt of the submission from the President of the Russian Federation.
The Prosecutor General of the Russian Federation is considered appointed to the position if the majority of the total number of members of the Federation Council voted for the proposed candidate. The appointment to the position of the Prosecutor General is formalized by a resolution of the Federation Council.
If the candidate nominated by the President or, on his instructions, by his plenipotentiary representative in the Federation Council for appointment to the post of Prosecutor General, does not get the required number of votes during the voting, the President or, on his instructions, his plenipotentiary shall submit a new candidate to the Federation Council within 30 days.
The issue of dismissing the Prosecutor General of the Russian Federation is considered by the Federation Council on the basis of the proposal of the President of the Russian Federation.
When considering this issue, the Prosecutor General is present at a sitting of the Federation Council, who is given the floor at his request. If the President's proposal to dismiss the Prosecutor General does not receive a majority of votes of the total number of members of the Federation Council, it is rejected, which is formalized by a resolution of the Federation Council. No special voting is required for the adoption of this resolution19.
The Prosecutor General of the Russian Federation is considered dismissed from office if, as a result of secret ballot, the majority of the total number of members of the Federation Council voted for his dismissal. Dismissal of the Prosecutor General from office shall be formalized by a resolution of the Federation Council20.
1.6 Appointment and dismissal of the Deputy Chairman of the Accounting Chamber and half of its auditors
In accordance with clause "and" part 1 of Article 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes the appointment and dismissal of the Deputy Chairman of the Accounts Chamber of the Russian Federation and half of the auditors of the Accounts Chamber of the Russian Federation.
The Federation Council participates, together with the State Duma, in the formation of the Accounts Chamber, appointing the Deputy Chairman of the Chamber and 6 of its 12 auditors. The Rules of Procedure of the Federation Council regulated the procedure for their appointment in Chapter 26.
Candidates for appointment to the posts of Deputy Chairman of the Accounts Chamber of the Russian Federation, auditors of the Accounts Chamber of the Russian Federation are proposed by committees, commissions of the Federation Council. The Federation Council Commission for Interaction with the Accounts Chamber of the Russian Federation issues an opinion on each candidate, forms a list of candidates and submits it to a sitting of the Federation Council.21
Each candidate is discussed and then a secret ballot is held. If any candidate does not collect the majority of votes required for the adoption of a Council resolution, the Committee shall submit new candidates for the vacant seats. Appointments are formalized by resolutions of the Council.
Although the Constitution does not say anything about this, Federal Law No. 4-FZ "On the Accounts Chamber of the Russian Federation" dated January 11, 1995, provided for the immunity of members of the chamber, and the Rules of the Federation Council regulated the procedure for depriving the immunity of members of the chamber appointed by the Council.
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- PFTEIEOOYE rTEYDEOFB TPUUYKULPK ZHEDETBGY PF DPMTSOPUFY;
- GENERAL ABOUT DPMTSOPUFSH UHDEK lPOUFYFHGYPOOOPZP uhdb tPUUYKULPK zhedetbgyy, chETIPCHOPZP uhdb tPUUYKULPK ZHEDETBGYY, CHCHUYFTBDBTSBOTBGYY;
- GENERAL ABOUT DPMTSOPUFSH Y PUCHPVPTSDEOYE PF DPMTSOPUFY zEOETBMSHOPZP RTPLHTPTB TPUUIKULPK ZHEDETBGYY;
- GENERAL ABOUT DPMTSOPUFSH Y PUCHPVPTSDEOYE PF DPMTSOPUFY JBNEUFEMS rTEDUEDBFEMS uYUEFPK RBMBFSCH Y RPMPCHYOSCH UPUFBCHB EE BKHDIFPTPCH.
uPCHEF JEDETBGYY, TBCHOP LBL J LBTSDSCHK YUMEO UPCHEFB JEDETBGY, PVMBDBEF RTBCHPN YBLPOPDBFEMSHOPK YOYGYBFYCHCH.
uPCHEF ZHEDETBGY RTYOINBEF tezmbneof, CH LPFPTPN DEFBMSHOP PRTEDEMSAFUS PTZBOSCH Y RPTSDPL TBVPFSCH UPCHEFB ZHEDETBGYY, HYUBUFYE RBMBFSCH CH ПОBLPOPDBFESHOPK DESFEMSHOOTSHUPFTUFTUFFU, RPDEBUET
uFBFHU YUMEOB UPCEFB ZHEDETBGYPRTEDEMSEFUS lPOUFEIFKHGYEK TPUUYKULPK ZHEDETBGYY, UPZMBUOP LPFPTPK YUMEOSCH upCHEFB ZHEDETBGY PVMBDBAF OERTYLPUOPCHEOPUPSHA CH FEYUEUPYUPYUPYUPMUEPUEPUK Sing OE NPZHF VSCHFSH BDETTSBOSCH, BTEUFPCHBOSCH, RPDCHETZOHFSCH PVSCHULH, LTPNE UMHYUBECH BDETTSBOYS ON NEUFE RTEUFHRMEOYS, B FBLTSE RPDCHETZOHFSCH MYYUOPNH DPUNPFTH, B YULMAYUEOYEN UMHYUBECH, LPZDB FP RTEDHUNPFTEOP ZHEDETBMSHOSCHN BLPOPN LCA PVEUREYUEOYS VEPRBUOPUFY DTHZYI MADEK.
lTPNE FPZP, UFBFHU YUMEOB uPChEFB zhEDETBGYY TEZHMYTHEFUS zhEDETBMShOSchN BLPOPN "n UFBFHUE YUMEOB uPChEFB zhEDETBGYY J UFBFHUE DERHFBFB zPUHDBTUFChEOOPK dHNSch zhEDETBMShOPZP uPVTBOYS tPUUYKULPK zhEDETBGYY" (W TEDBLGYY zhEDETBMShOPZP BLPOB PF 5 YAMS ZPDB 1999? 133-zh).
Term of the presidency in Russia On banking