Who is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation? Council of the Federation

The functions of the State Duma and the Federation Council are defined in the Constitution. These bodies belong to the legislative (representative) power in the country. Together they form the parliament - the Federal Assembly. The Constitution defines the quantitative composition of the chambers, and the Federal Law defines the procedure for creation and key aspects of activity. Let us next consider what the main functions of the Federation Council are.

General information

In Art. 95 of the Constitution determines the quantitative composition of the chambers of the Federal Assembly. The State Duma includes 450 deputies. The number of members of the Federation Council is determined by the number of regions in the country. There are two representatives from each constituent entity of the Russian Federation in the Federation Council. In total it has 178 members. Article 102 of the Constitution establishes issues within the exclusive jurisdiction of this chamber.

Main functions of the Federation Council

The following issues are within the jurisdiction of the Federation Council:

Legislative activity

The functions of the Federation Council of the Federal Assembly include approving or rejecting regulations adopted by the lower house of parliament. The body is given 14 days to do this. According to Art. 105, the Federal Law will be considered approved if the Federation Council has not reviewed it during the specified period. In Art. 106 of the Constitution provides a list of issues, regulations on which must necessarily be discussed in the Federation Council. Among them are laws on:

State budget.
Customs, credit, financial, currency tax regulation.
Denunciation and ratification of international agreements.
War and peace.

The Federation Council also reviews federal constitutional regulations without fail.

Self-organization

The functions of the Federation Council of the Federal Assembly of the Russian Federation include the adoption of resolutions and regulations governing the activities of the upper chamber. General rules are established in the Constitution and Federal Law. However, the regulations on self-organization published by the Federation Council are of particular importance in their activities. These acts regulate in detail procedural and organizational aspects in the work of the body.

Structure

The functions of the Federation Council include electing its Chairman and deputies. The latter are represented in the amount of 3 people. In addition, the Federation Council forms special committees and commissions, the activities of which are carried out within specific periods and in certain areas. In addition, the staff of the chamber is being formed. The chairman and deputies are appointed and removed from office by decision of the Federation Council. It is adopted by a majority of the total number of members of the chamber.

Specifics of activity

The functions of the Federation Council are implemented according to the principle of collectivity. Issues included in the agenda are discussed openly and freely. The Rules of Procedure may provide for cases in which closed sessions of the chamber are held. Representatives of government agencies, scientific institutions, public associations, independent experts, and specialists may be invited to discussions by decision of the Federation Council to provide opinions and necessary information on certain issues. The meetings may be attended by the media, State Duma deputies, members of the Government, the President, Chairmen of the Constitutional Court, the Supreme Arbitration Court, the Supreme Court, and the Prosecutor General.

Work organization

A meeting of the Federation Council will be considered valid if at least 2/3 of the total number of members of the chamber are present. The Chairman leads the discussions. He does not have the right to express his opinion on issues on the agenda, comment on the speakers’ speeches, or give them characterizations. The work of the chamber is carried out on official language state - Russian. Members of the Federation Council can make presentations final words, co-report, provide certificates, statements, and so on. Decision making is carried out secretly or open voting. The resolution will be considered approved if more than 50% of the total number of members vote for it. Constitutional laws are also adopted by voting. However, at least 3/4 of the total number of members is required for approval.

Joint meetings

The functions of the Federation Council include resolving various issues. Some of them relate to the exclusive jurisdiction of the chamber. Some issues are subject to joint discussion with the State Duma. At such meetings, the Head of State delivers messages on the key areas of domestic and foreign policy, and on the situation in the country as a whole. Particular importance at joint sessions is attached to the President’s appeals on the legislative program or regulatory proposals, which serve as a certain guideline for government bodies. For example, the message of the Head of State may recommend:

At joint meetings, messages from the Constitutional Court and speeches by representatives of the leadership of foreign states can also be heard.

Conclusion

The FS acts as the highest legislative (representative) body in the country. His powers, with varying degrees of completeness, are enshrined in Chapter. 5 of the Constitution. The chambers of parliament are in constant interaction with bodies of other branches of government. Thus, many functions of the Federation Council are implemented taking into account the opinion of the Constitutional Court or the President. The Chambers of the Federal Assembly are not in a privileged position relative to other government bodies. Their activities play a significant role in the social, economic and political development of the country.

Representatives of the constituent entities of the Russian Federation are present in the Federation Council. This ensures that the interests of the regions are taken into account when adopting regulations and various management decisions on top level. As a result, all subjects of the country, without exception, participate in the affairs of the state. The most important decisions for the state are made in the Federation Council. They concern not only internal, but also foreign policy. It is this chamber that gives consent to the use of armed forces abroad, discusses the appointment and removal from the post of President. In the activities of the Federation Council, Regulations and other acts regulating work are of particular importance. These documents specify the provisions of the Federal Law and the Constitution, determine the procedure for making decisions and approving/rejecting bills.

Issues within the jurisdiction of the Federation Council are listed in Part 1 Art. 102 Constitution, and are the subject of the exclusive jurisdiction of the Federation Council. No other body other than the Federation Council has the right to make a decision on them.

The Federation Council approves the decision to change the boundaries between the subjects Russian Federation. This decision is according to Art. 67, part 3 The Constitution must be adopted with the consent of the subjects of the Russian Federation affected by this change.

The Federation Council approves decrees of the President of the Russian Federation on the introduction of martial law and the introduction of a state of emergency throughout the territory of the Russian Federation or in its individual localities in the event of aggression or the threat of aggression.

The Federation Council decides on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation, which is permissible if this is in accordance with the Constitution of the Russian Federation, international treaties of the Russian Federation and federal laws.

The Federation Council shall call elections for the President of the Russian Federation in accordance with the Constitution of the Russian Federation and the Federal Law " About the elections of the President of the Russian Federation" dated May 17, 1995 and makes a decision on the removal of the President of the Russian Federation from office in accordance with the procedure established by Article 93 of the Constitution.

The Federation Council, on the recommendation of the President of the Russian Federation, appoints judges of the federal courts: the Constitutional Court, the Supreme Court, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, as well as the Deputy Chairman of the Accounts Chamber and half of its auditors.

The Accounts Chamber is formed by the Federation Council and the State Duma to monitor the execution of the federal budget based on the principles of legality, objectivity, independence and transparency ( Art. 101 Constitution and Art. 3 Federal Law " About the Accounts Chamber of the Russian Federation"). The composition of the Accounts Chamber is formed by the chambers of parliament on a parity basis. According to Art. 1 of the Federal Law " About the Accounts Chamber of the Russian Federation» dated January 11, 1995. The Accounts Chamber is a permanent body of state financial control, formed by the Federal Assembly and reporting to it. According to Art. 5 of the said Law, the Deputy Chairman of the Accounts Chamber is appointed to the position by the Federation Council for a period of six years. When forming the Accounts Chamber, the Federation Council and The State Duma six auditors are appointed for a period of six years (Article 6 of the Law).

Composition and procedure for the formation of the State Duma of the Russian Federation.

According to Art. 95 Constitution of the Russian Federation The State Duma consists of 450 deputies. Art. 96 The Constitution of the Russian Federation establishes the term of office of deputies of the State Duma at 4 years. This period of work allows the parliament to implement long-term legislative projects, and the society and the deputies themselves to see the practical results of their activities. At the same time, this period ensures regular renewal of parliament, periodic “reporting” of deputies to voters, without which democratically organized representative power is also impossible.

According to the Federal Law " On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation", deputies of the State Duma of the Federal Assembly of the Russian Federation are elected by citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot.

225 Deputies of the State Duma are elected in single-mandate electoral districts (one district - one deputy), formed on the basis of a unified norm of representation of voters in a single-mandate electoral district, with the exception of electoral districts formed in constituent entities of the Russian Federation in which the number of voters is less than the unified norm of representation. A unified norm for the representation of voters in a single-mandate electoral district is established by dividing the total number of voters living and registered in the territory of the Russian Federation in accordance with the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" by the total number (225) of single-mandate electoral districts.

225 Deputies of the State Duma are elected in the federal electoral district in proportion to the number of votes cast for the federal lists of candidates for deputies nominated by electoral associations and electoral blocs. Moreover, only lists of candidates for whom at least 5% of the votes of voters participating in the elections were cast are allowed to distribute mandates.

Such an electoral system is called mixed, since it combines two principles for electing deputies: the principle of majority (majority) for candidates running in single-mandate electoral districts, and the principle of proportionality, applied for candidates included in federal lists of candidates.

According to 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 term of office of a deputy of the State Duma begins on the day of his election as a deputy of the State Duma and ends on the day the State Duma of a new convocation begins its work.

In accordance with Part 4 Art. 111, in the event that the State Duma three times rejects the candidacy of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation, the President of the Russian Federation appoints the Chairman of the Government, dissolves the State Duma and calls new elections. According to Art. 117 Constitution of the Russian Federation The State Duma can also be dissolved in the case when it refuses confidence in the Government of the Russian Federation.

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Russian Federation;

a) the federal budget;

e) war and peace.

Conclusion

During said work to improve legislation, for the first time in the modern legal history of the Russian Federation, the concept of a faction of deputies of the State Duma was fixed at the level of Federal Law. As is known, before the adoption of the Federal Law “On Amendments,” the content of the concept of “faction” in the State Duma was enshrined exclusively in the Rules of Procedure of the State Duma, i.e. in the by-law.

Taking into account the above, it should be noted that in the future, in the conditions of transition to a completely proportional system formation of the State Duma, the material, political, organizational costs required political party to elect a candidate.

If, after being elected, a candidate from one political party moves to a faction of another party, then the party that elected him actually suffers significant losses, both political, reputational and material.

The Russian parliament is called the Federal Assembly. It consists of two chambers. They are usually divided into upper and lower. The top one is the Federation Council. The lower house of parliament is the State Duma.

The Russian parliament is called the Federal Assembly. It consists of two chambers. They are usually divided into upper and lower. The top one is the Federation Council. Two representatives from the executive and representative bodies of each subject of the country are delegated to the Federation Council. The lower house of parliament is the State Duma, which includes 450 deputies.

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 for consideration, and the upper house approves them. Two parliamentary chambers exist in many countries in Europe and America.

The division into two chambers was introduced to ensure that all regions of the country had their own representative in the main legislative body of the country, as well as to ensure that one chamber controlled 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 has the unofficial name “Senate”, by analogy with foreign system separation state power. It includes members of the Federation Council (they are not deputies). Deputies make up the State Duma (lower house). Each convocation the Duma has 450 deputies.

The Federation Council makes decisions in cases when it comes to an important geopolitical issue - changing borders within the country. They also establish a state of emergency in the country if the decision to introduce it is made by the president. The Federation Council regulates the participation of the armed forces of the Russian Federation if the war is not waged on the territory of the country. The Federation Council can impeach the president when 2/3 of the State Duma express their no confidence in the president. The Upper Chamber appoints judges of the main courts of the country (Constitutional, Supreme, Supreme Arbitration), the Prosecutor General of the Russian Federation and the deputy chairman of the Accounts Chamber, as well as 50% of its auditors.

The Federation Council must review laws adopted by the State Duma concerning the country's budget; federal taxes and fees; financial regulation, issuing new money into circulation; 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, it is given five days 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 head of government cannot dissolve the Federation Council. In turn, to appoint a president it is necessary to obtain the consent of the Federation Council. The removal of the president from office is also within the powers of the upper house of parliament.

The upper house has its own chairman. Since 2011, this position has been held by Valentina Matvienko, who became the first woman in Russian history to hold this position. In accordance with the rules for forming the composition of the upper chamber, when two people are delegated from a subject of the country, a woman from St. Petersburg represents the executive body (in this case, the city government) of the state power of St. Petersburg in the Federation Council. Representative body (in this case it is Legislative Assembly Petersburg) of the same region delegated Andrei Kutepov to the Council.

In 2016, 18 new representatives from 39 regions of the country received senatorial seats. They replaced their predecessors, whose powers were terminated. Some Council members returned after a break from their activities. For example, the widow of Anatoly Sobchak, Lyudmila Narusova, will resume her activities in the Northern Fleet, interrupted in 2012. Narusova will represent Tuva by 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);
resolves the issue of trust in government;
every year listens to government reports on its activities, in particular on issues raised by the lower house;
appoints the chairman of the Bank of Russia and dismisses him from office;
appoints the chairman of the Accounts Chamber and 50% of its auditors, and also dismisses them from office;
appoints the Commissioner for Human Rights and also dismisses him from office;
produces release from judicial punishment or replaces it with a milder one (amnesty);
when deciding to remove the president from office, 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 can 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 chairman of the government 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. Former deputy head of the presidential administration Vyacheslav Volodin was appointed speaker of the State Duma. He took the place of Sergei Naryshkin, who presided over the Duma of the sixth convocation, and now took the post of head of the Foreign Intelligence Service.

United Russia currently has an absolute majority of votes in the lower house. This means that with representatives of other factions when passing laws and deciding other important issues United Russia members may no longer consult. In total, six parties are represented in the Duma of the seventh convocation. The Communist Party of the Russian Federation received 42 mandates, the Liberal Democratic Party - 39, and A Just 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.

There were fewer committees in the State Duma in 2016. There are 26 of them left, when in the last convocation there were 30. In the Duma, the committees on natural resources, property and land relations, the transport and construction committees were merged, and the same fate befell the education and science committees. 13 committees, that is, exactly half, were headed by representatives of United Russia.

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The powers of a member of the Federation Council begin on the day the Federation Council makes a decision to confirm his powers as a member of the Federation Council and terminate on the day the Federation Council makes a decision to confirm the powers of a new member of the Federation Council - a representative from the same government body of a constituent entity of the Russian Federation.

The powers of a member of the Federation Council are terminated early 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 early by the legislative (representative) body of state power of a constituent entity of the Russian Federation who elected (appointed) him accordingly or by the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) in the same manner as he is elected (appointed) as a member of the Federation Council upon the proposal of the Chairman of the Federation Council.

The jurisdiction of the Federation Council includes:

— approval of changes in borders between constituent entities of the Russian Federation;

— approval of decrees of the President of the Russian Federation on the introduction of 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;

— calling elections for the President of the Russian Federation;

— removal of the President of the Russian Federation from office;

— appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation 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 issues of 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 within 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 in 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) status and protection of the state border of the Russian Federation;

e) war and peace.

In the article " Federal Assembly Russia: prospects for improving organization and activities”1 Doctor of Law, Professor S.A. Avakyan notes that the procedure for forming the Federation Council also raises certain concerns. Today’s third option for forming the chamber is imperfect, which has emerged in various ways:

1) members of the Federation Council have become completely dependent on those who delegated them to the chamber; they are removed at any time, without explanation, sometimes only in order to send “their own” and more convenient representative to the chamber;

2) the chamber has become a refuge for politicians who have not found a more worthy place at the federal level, pushed out of regional structures;

3) the chamber does not have a face and a bright style of activity.

Conclusion

In the spring and summer of 2005, the federal election 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 internal parliamentary activities.

In the course of this work to improve legislation, for the first time in the modern legal history of the Russian Federation, the concept of a faction of deputies of the State Duma was enshrined at the level of Federal Law.

As is known, before the adoption of the Federal Law “On Amendments,” the content of the concept of “faction” in the State Duma was enshrined exclusively in the Rules of Procedure of the State Duma, i.e. in the by-law.

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 deputies of the State Duma elected as part of the federal list of candidates, which was admitted to the distribution of deputy mandates in the State Duma. The faction includes all deputies of the State Duma elected as part of the corresponding federal list of candidates. Factions in the State Duma are registered in accordance with the Regulations.

Based on the specified definition of a faction, and also taking into account the entire set 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 internal parliamentary activities are abolished. In making this decision, the legislator was guided by the fact that deputy groups in their modern concept are primarily associations of single-mandate deputies and independent deputies. Taking into account the transition to a fully proportional electoral system for elections to the State Duma, in which all deputies will be nominated on lists exclusively by political parties, deputy groups are becoming an unnecessary element.

It should be noted that the above-mentioned innovation provides for the “automatic” inclusion of a deputy in the relevant faction. As is known, the current rules of the Regulations provide for the exclusively voluntary entry of a deputy into a faction after the relevant deputy submits his application.

Taking into account the above, it should be noted that in the future, under the conditions of the transition to a fully proportional system of forming the State Duma, the material, political, and organizational costs necessary for a political party to elect a candidate will increase significantly. If, after being elected, a candidate from one political party moves to a faction of another party, then the party that elected him actually suffers significant losses, both political, reputational and material.

It was the desire to achieve stricter party discipline, as well as the protection of the rights of voters in terms of informing them about the actual views and beliefs of candidates, that served as the reason for the factual enshrinement in the Federal Law “On Status” of the ban on the transfer of a deputy to a faction formed by a different political party that nominated him , that is, a ban on defection. Thus, the powers of a deputy of the State Duma of the next convocation will be terminated if, upon personal application, he leaves the faction in which he is a member in accordance with Art. 7.1 of the said Federal Law.

There are many examples in world practice where legislation directly establishes a sanction in the form of deprivation of a deputy mandate for moving to another faction or political party.

Considering the above positive points, it should be noted that in the absence of a strong system of political parties in Russia, the innovations under consideration can only create some prerequisites for its formation, but will not resolve all issues. So, for example, a strict ban on leaving a faction does not at all prohibit a deputy, while formally remaining a member of the faction and not submitting an application to leave, not to participate in its work, to vote at meetings against the decisions developed by the faction, that is, in fact, not to be a member of it.

Of course, federal legislation cannot contain provisions of this kind (including the obligation of a deputy to vote in accordance with the will of the faction to which he is a member, or the political party of which he is a member), since they contradict both the letter and spirit of the Constitution Russian Federation, and the principles democratic state. However, the absence of such legal norms should not be considered by State Duma deputies 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 to change their views depending on the current situation .

Another fundamental innovation included in the Federal Law “On Status” was the new wording of Parts 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, consider voters’ appeals, personally receive citizens in the manner and within the time frame established by the Rules of the State Duma, but at least once every two months, conduct meetings with voters at least once every six months, as well as implement other measures provided for by the legislation of the Russian Federation to ensure communication with voters.

In this case, a deputy of the State Duma who was included as a candidate in the 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 part of the territory of a constituent entity of the Russian Federation). A deputy of the State Duma, who was included as a candidate in the federal part of the federal list of candidates, will have to maintain contact with voters in the subject (subjects) of the Russian Federation not covered (not covered) by regional groups of candidates of the specified list, between which 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 (subjects) 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 contact with voters will be more imperative and will become the direct responsibility of the deputy. In addition, for the first time, the Federal Law establishes specific deadlines within which a deputy must, for example, meet with voters.

However, as a negative point, it should be noted that sanctions for violations of this obligation were not established in the Federal Law “On Status”. Of course, there are general legal mechanisms for forcing an official to fulfill the duties assigned to him, but I believe that in this situation, taking into account the status of a State Duma deputy, they will not be so effective.

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What is the executive branch? What functions does it perform? How does the executive branch differ from the judicial and legislative branches? What organs does it consist of? We will answer these frequently asked questions in our material.

Executive power is one of three types of power in countries with its division. The Constitution of the Russian Federation contains a 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 power look like in our country? Today in our article we will talk about executive power.

If with judiciary everything is more or less clear (the judicial power is made up of the system of judicial bodies of the country, which includes 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 managed by a separate body that develops legislation. In the Russian Federation legislature carried out by the Federal Assembly. It consists of two chambers - upper and lower. The top one is called the Federation Council. Lower - State Duma of the Russian Federation. In the constituent entities of Russia, legislative power is exercised by Legislative Assemblies.

Executive branch- one of the independent and independent public authorities in the state. It is implemented as a set of powers to manage public affairs, that is, it represents the structure of the bodies exercising these powers.

Executive authorities its implementation is carried out. These are usually designated authorities. The main task of the executive authorities is to implement 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

Taking into account federal structure Russia stands out as follows subjects of executive power:

1) The Russian Federation as a democratic federal state whose sovereignty extends to the entire territory of the Russian Federation;

2) equal subjects of the Russian Federation: republics, territories, regions, cities federal significance, Autonomous region, autonomous okrugs.

From point of view implementation of public administration The subjects of executive power in the Russian Federation are: 1) the President of the Russian Federation; 2) Government of the Russian Federation; 3) federal executive authorities (federal ministries, federal services and federal agencies); 4) territorial bodies of federal executive authorities; 5) heads of executive power of the constituent entities of the Russian Federation (presidents, heads of administrations); 6) governments of constituent entities of the Russian Federation; 7) other executive authorities of the constituent entities of the Russian Federation.

Accordingly, there is a division into federal executive authorities and executive authorities of the constituent entities (regional). Federal executive authorities in the Russian Federation consist of three units - 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 certain area. Federal agency- a type of federal executive authorities of Russia. The main functions are law enforcement, provision of public services, management of state property. Ministries each manages a specific area of activity.

Management of the activities of federal ministries, services and agencies is carried out by President of the Russian Federation. He also makes decisions on the creation and abolition of these executive authorities. For example, by decree of Russian President Vladimir Putin in April 2016, the Federal Service of the Russian Federation for Drug Control (FSKN) and the Federal Migration Service (FMS) were abolished. Their functions were transferred to the Ministry of Internal Affairs (MVD).

That same spring, the president ordered the creation of the Federal Service of the National Guard 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. The Russian National Guard 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 (MVD of Russia)

2. Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief (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 (SFS Russia)

7. 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 Archive Agency (Rosarkhiv)

13. Main Directorate of Special Programs of the President of the Russian Federation (federal agency) (GUSP)

14. Administration 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 authorities 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, and also carries out law enforcement functions and functions of control and supervision in the areas of execution of criminal penalties, advocacy and advocacy, notaries and notarial activities, provision of free legal assistance 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 apparatus, territorial bodies of the Ministry of Justice, forensic institutions, Science Center legal information and other departments. The executive power in its bodies often has a complex and branched structure.

Regional executive authorities

The executive authorities of the constituent entities (regional bodies) consist of committees(in Moscow and St. Petersburg), departments and main directorates. The executive authorities in the region are also administrations and governments, led by the head of the administration, governor or chairman of the government. The name of the executive body 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 problems 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 management structures is the approximate structure determined by the Government of the Russian Federation.

At the same time, when creating structural divisions regional executive authorities and the coordination of their composition take into account the characteristics of a particular region. Regional executive authorities are characterized by a significant diversity of structures, composition and numbers.

Signs of executive power

The executive branch has the following signs:

is a limited and relatively independent branch of government;
is the implementer of state policy;
subordinate in nature and objectives;
objectified in the form of well organized system executive authorities;
its activities are executive and administrative and are of a permanent, continuous nature;
is the exclusive owner of material resources and coercive powers.

In one of the following materials we will continue the conversation about the three types of power and understand what it 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 of 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 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 position of the President is vacated early.

Conducting elections of the President of the Russian Federation within the time limits 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 mass media no later than five days from the date of its adoption11.

Early elections of the President of the Russian Federation are called by the Federation Council when the President of the Russian Federation terminates the exercise of powers before the expiration of the constitutional term in the cases provided for in Part 2 of Article 92 of the Constitution of the Russian Federation. Voting day in this case is the last Sunday before the day on which three months expire from the day of 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 manner 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 mentioned law, nor the Regulations regulated the issue of calling presidential elections in the event of the death of the President. It is obvious that the Federation Council will have to, by analogy, make a decision either on the same day when the death of the President is established in the established manner, or, if this is considered 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 so that, if possible, the three-month period for electing a new President, established in Part 2 of Art. 92 of the Constitution.

The President of the Russian Federation can be removed from office by the Federation Council only on the basis of charges brought by the State Duma of high treason or the commission of another serious crime13.

The issue of removing the President from office is included without discussion first on the agenda of a meeting of the Federation Council convened by its Chairman no later than 72 hours after receiving the conclusion 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, Chairman of the State Duma, Chairman of the Government, members of the special commission of the State Duma, Chairman of the Constitutional Court and Chairman of the Supreme Court are invited to this meeting14.

The current Constitution, compared to the previous one, has significantly changed the grounds and procedure for the removal of the President. In the latter, such grounds were violation of the Constitution, laws of the Russian Federation and the oath, and the decision on removal was made by the Congress of People's Deputies of the Russian Federation on the basis of the conclusion of the Constitutional Court on the initiative of the Congress, the Supreme Council of the Russian Federation or one of its chambers. These grounds were quite vague and indefinite, and for the most part difficult to establish. Constitution 1993 gave the grounds for dismissal a legal shell and made them legally provable.

In addition, both chambers of the Federal Assembly are involved in the impeachment procedure, each of which has different powers: the Duma brings charges, the Federation Council makes a decision on impeachment.

The Supreme Court (it confirms the presence of signs of a crime in the President’s actions) and the Constitutional Court (it issues an opinion on compliance with the established procedure for bringing charges) also participate in the removal procedure. Involving various branches of government in the removal procedure is consistent with the principle of separation of powers.

To resolve issues related to removal, the need for a qualified majority of 2/3 votes in each chamber is established. This is due to the particular importance of the issues being resolved. Bringing charges by the Duma requires serious justification and responsibility in initiating this process. The initiative of at least 1/3 of the total number of Duma deputies is required, the formation of a special commission by the Duma.

In Part 3 of Art. 93 of the Constitution of the Russian Federation establishes a time period during which the removal procedure must be carried out - after the Duma has brought charges, it must be completed no later than within three months.

Powers of the Federation Council of the Federal Assembly of the Russian Federation

If no decision is made within such a period, the charge against the President is considered dismissed. The establishment of this period is due to the fact that the removal procedure 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 to the position of judges of the Constitutional, Supreme, Supreme Arbitration Courts of the Russian Federation and the Prosecutor General of the Russian Federation

In accordance with paragraph "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 of 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 paragraph "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 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 positions 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 are presented to the Federation Council by the President of the Russian Federation or, on his behalf, the plenipotentiary representative of the President of the Russian Federation in the Federation Council15.

The issue of appointment to the position of judges of the Constitutional Court of the Russian Federation is considered by the Federation Council within fourteen days from the date of receipt of the proposal from the President of the Russian Federation16.

If the Federation Council rejects candidates nominated by the President of the Russian Federation for appointment to the positions 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 inviting the President of the Russian Federation to conduct consultations in order to overcome the disagreements that have arisen. The said resolution is sent to the President of the Russian Federation by the Chairman of the Federation Council within three days. To conduct consultations, the Federation Council forms a group of members of the Federation Council or entrusts consultations to the Chairman of the Federation Council17.

Since 1994, the Chamber has appointed 12 judges of the Constitutional Court; She rejected 8 submitted candidates (the last case in 1999), and three of them were rejected twice, and one candidate was rejected 3 times. The President's proposal 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 Law of the Russian Federation “On the Status of Judges in the Russian Federation”); Of the many dozens of candidates proposed by the President, the chamber rejected only two - in January 1995.

The Prosecutor General of the Russian Federation is appointed and dismissed 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 considers the issue of appointment to the position of the Prosecutor General of the Russian Federation within 30 days from the day following the day of receipt of the proposal from the President of the Russian Federation.

The Prosecutor General of the Russian Federation is considered appointed to the position if a majority of the total number of members of the Federation Council votes for the nominated candidate. Appointment to the position of the Prosecutor General is formalized by a resolution of the Federation Council.

If a candidate nominated by the President or, on his instructions, his authorized representative in the Federation Council for appointment to the position of Prosecutor General does not receive the required number of votes during the voting, the President or, on his instructions, his authorized representative shall present a new candidate to the Federation Council within 30 days.

The issue of dismissal of the Prosecutor General of the Russian Federation is considered by the Federation Council on the basis of a proposal from the President of the Russian Federation.

When this issue is considered at a meeting of the Federation Council, the Prosecutor General is present and, at his request, is given the floor. 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 vote is required to adopt this resolution19.

The Prosecutor General of the Russian Federation is considered relieved of office if, as a result of a secret ballot, a majority of the total number of members of the Federation Council votes for his dismissal. The dismissal of the Prosecutor General from office is formalized by a resolution of the Federation Council20.

1.6 Appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors

In accordance with paragraph “i” of 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 regulations of the Federation Council regulated the procedure for their appointment in Chapter 26.

Candidates for appointment to the positions of Deputy Chairman of the Accounts Chamber of the Russian Federation and auditors of the Accounts Chamber of the Russian Federation are proposed by committees and commissions of the Federation Council. The Commission of the Federation Council for interaction with the Accounts Chamber of the Russian Federation gives an opinion on each candidate, forms a list of candidates and submits it to a meeting of the Federation Council.21

Each candidate is discussed and then voted on by secret ballot. If any candidate does not receive the majority of votes required to adopt a resolution of the Council, the Committee shall submit new candidates to fill the vacant seats. Appointments are formalized by resolutions of the Council.

Although the Constitution does not say anything about this, the Federal Law “On the Accounts Chamber of the Russian Federation” dated January 11, 1995 No. 4-FZ 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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UPCHEF ZHEDETBYY SCHMSEFUS RPUFPSOOP DEKUFCHHAEIN PTZBOPN. EZP ЪBUEDBOYS RTPCHPDSFUS RP NETE OEPVIPDYNPUFY, OP OE TECE DCHHI TB H NEUSG. ъBUEDBOYS UPCHEFB ZHEDETBGYY SCHMSAFUS PUOPCHOPK ZHTNPK TBVPFSH RBMBFSH. sing RTPIPDSF TBDEMSHOP PF BUEDBOYK zPUKhDBTUFCHOOOPK DHNSCH, ЪB YULMAYUEOYEN UBUMKHYYCHBOYS RPUMBOYK rTEYDEOFB TPUUYKULPK ZHEDETBGYY YMY lPOUFYFKHYPOOPZP UHDB TPU UYKULPK ZHEDETBGYY, CHCHUFHRMEOYK THLPCHPDYFEMEK YOPUFTBOOSCHI ZPUKHDBTUFCH.

ъBUEDBOYS UPCHEFB ZHEDETBGYY RTPCHPDSFUS CH ZPTPDE nPULCHE, CH RETYPD U 25 SOCHBTS RP 15 YAMS Y U 16 UEOFSVTS RP 31 DELBVTS, Y SCHMSAFUS PFLTSCHFSHCHNY. rP TEYEOYA UPCHEFB ZHEDETBGYY NEUFP RTPchedEOYS ЪBUEDBOYK NPTsEF VSCHFSH YЪNEOEOP, B FBLCE NPTsEF VSCHFSH RTPchedEOP ЪBLTSCHFPPE ЪBUEDBOYE.

UPCHEF ZHEDETBGYY YVYTBEF YUCHPEZP UPUFBCHB rTEDUEDBFEMS UPCHEFB ZHEDETBGYY.

lTPNE FPZP, rTEDUEDBFEMSH UPCHEFB ZHEDETBGYY e.u.uFTPECH, RTELTBFYCHYYK UCHPY RPMOPNPYYS, YVTBO RPYUEFOSHN rTEDUEDBFEMEN UPCHEFB ZHEDETBGYY(LFP ЪChBOYE SCHMSEFUS RPTSYЪOOOSCHN). e.u.uFTPECH, B FBLCE rTEDUEDBFEMA UPCHEFB ZHEDETBGYY RETCHPZP UPJSCCHB ch.zh.yKHNEKLP PFCHEDEOSH UREGYBMSHOSHE NEUFB CH OBME BUEDBOYK UPCHEFB ZHEDETBGYY TBVPYYE RPNEEEOY S CH ЪДBOYY RBMBФШЧ, ЧШЧДБОСЧ УРИГИБМШОШ ХДПУФПЧТОПШХХДПУФПЧoteОYS І OBZТХДОШЧ ЪOBLY, POY OBDEMEOSCH RTBCHPN UPCHEEEBFEMSHOPZP ZPMPUUB Y OELPFPTSCHNY DTHZYNY RTBCHBNY.

UPCHEF ZHEDETBYY PVTBHEF LPNYFEFSCH, RPUFPSOOSCHY CHTEOOOSCH LPNYUUYYY YUYUMB YUMEOPC RBMBFSHCH. UPCHEF ZHEDETBGYY CHRTBCHE UPЪDBCHBFSH, KHRTBDOSFSH Y TEPTZBOYPCHCHCHBFSH MAVSHCHE LPNYFEFSCH Y LPNYUUYY.

lPNYFEFSH Y RPUFPSOOSHE LPNYUUY UPCHEFB ZHEDETBGYY SCHMSAFUS RPUFPSOOP DEKUFCHHAEYNY PTZBOBNY RBMBFSH. CHUE YUMEOSH UPCHEFB ZHEDETBGYY, ЪB YULMAYUEOYEN rTEDUEDBFEMS UPCHEFB ZHEDETBGYY, EZP RETCHPZP ЪBNEUFIFEMS ЪBNEUFYFEMEK, CHIPDSF CH UPUFBCH LPNYFEFPCH. YuMEO UPCHEFB ZHEDETBYY NPTSEF VShchFSH YUMEOPN FPMSHLP PDOPZP LPNYFEFB RBMBFSCH, RTY LFPN CH UPUFBCH LPNYFEFB DPMTSOSCH CHIPDIFSH OE NEOEE 7 YuMEOPCH UPCHEFB ZHEDETBGYY. uPUFBCH LPNYFEFB, LPNYUUYY HFCHETTSDBEFUS RBMBFPK.

h UPCHEF ZHEDETBYY PVTBPCHBOSH Y DEKUFCHHAF UMEDHAEYE LPNYFEFSCH Y RPUFPSOOSHE LPNYUUYY:

-љ lPNYFEF UPCHEFB ZHEDETBGYY RP LPOUFYFHGYPOOPNH ЪBLPOPDBFEMSHUFCHH;
-љ lPNYFEF UPCHEFB ZHEDETBGYY RP RTBCHPCHSHCHN Y UKHDEVOSHCHN CHPRTPUBN;
-љ lPNYFEF UPCHEFB ZHEDETBGYY RP DEMBN ZHEDETBGYY TEZYPOBMSHOPK RPMYFYLE;
- lPNYFEF UPCHEFB ZHEDETBGYY RP CHPRTPUBN NEUFOPZP UBNPHRTBCHMEOYS;
- lPNYFEF UPCHEFB ZHEDETBGYY RP PVPTPOE Y VE'PRBUOPUFY;
- lPNYFEF UPCHEFB ZHEDETBGYY RP VADTSEFKH;
— lPNYFEF UPCHEFB ZHEDETBGYY RP ZHJOBUPCHSHCHN TSCHOLBN Y DEOOTSOPNH PVTBEEOYA;
— lPNYUUYS UPCHEFB ZHEDETBGYY RP CHBINPDEKUFCHYA UP uYUEFOPK RBMBFPK tPUUYKULPK ZHEDETBGYY;
— lPNYFEF UPCHEFB ZHEDETBGYY RP NETSDHOBTPDOSCHN DEMBN;
— lPNYFEF UPCHEFB ZHEDETBGYY RP DEMBN UPDTHTSEUFCHB oEBCHYUYNSHI ZPUKHDBTUFCH;
— lPNYUUYS UPCHEFB ZHEDETBGYY RP TEZMBNEOFKH Y PTZBOYBGYY RBTMBNEOFULPK DESFEMSHOPUFY;
— lPNYUUYS UPCHEFB ZHEDETBGYY RP NEFPDPMPZY TEBMYBGYY LPOUFYFHGYPOOSCHI RPMOPNPYUK UPCHEFB ZHEDETBGYY;
— lPNYFEF UPCHEFB ZHEDETBGYY RP UPGYBMSHOPK RPMYFYLE;
— lPNYFEF UPCHEFB ZHEDETBGYY RP OBHLE, LHMSHFKHTE, PVTBPCHBOYA, ЪDTBCHPPITBOEOYA Y LLPMPZYY;
— lPNYFEF UPCHEFB ZHEDETBGYY RP DEMBN NPMPDETSY Y URPTFH;
- lPNYFEF UPCHEFB ZHEDETBGYY RP LLPOPNYYUEULPK RPMYFYLE, RTEDRTYOINBFEMSHUFCHH Y UPVUFCHEOOPUFY;
— lPNYFEF UPCHEFB ZHEDETBGYY RP RTPNSCHYMEOOOPK RPMYFYLE;
— lPNYUUYS UPCHEFB ZHEDETBGYY RP EUFEUFCHEOOSCHN NPOPRPMYSN;
— lPNYFEF UPCHEFB ZHEDETBGYY RP RTYTPDOSHCHN TEUKHTUBN Y PITBOYE PLTHTSBAEEK UTEDSH;
— lPNYFEF UPCHEFB ZHEDETBGYY RP BZTBTOP-RTPDPCHPMSHUFCHOOOPK RPMYFYLE;
— lPNYFEF UPCHEFB ZHEDETBGYY RP DEMBN UECHETB Y NBMPYUMEOOSCHI OBTPPDCH;
— lPNYUUYS UPCHEFB ZHEDETBGYY RP YOZHPTNBGYPOOPK RPMYFYLE;
— lPNYUUYS UPCHEFB ZHEDETBGYY RP LPOFTPMA ЪB PVEUREYOOYEN DESFEMSHOPUFY UPCHEFB ZHEDETBGYY.

lPNYFEFSCH Y RPUFPSOOSHE LPNYUUYY UPCHEFB ZHEDETBGY YNEAF TBCHOSHE RTBCHB Y OEUHF TBCHOSHE PVSBOOPUFY RP TEBMYBGYY LPOUFYFKHYPOOSHI RPMOPNPYUYK RBMBFCHMS: AF RPDZPFPCHLH ЪBLMAYUEOYK RP RTYOSFSHCHN zPUKhDBTUFCHOOOPK dHNPK Y RETEDBOOSCHN ABOUT TBUUNPFTEOYE UPCHEFB ZHEDETBYY ZHEDETBMSHOSHCHN ЪBLPOBN, B FBLCE RP ZHEDETBMSHOSHCHN LPOUFYFHGYPOO SHCHN ЪBLPOBN; TBTBVBFSHCHBAF Y RTEDCHBTYFEMSHOP TBUUNBFTYCHBAF ЪBLPORPRTPELFSH Y RTPELFSCH YOSHI OPTNBFYCHOSHI RTBCHPCHSHCHI BLFPCH, PTZBOYHAF RTPchedeoye RBTMBNEOFULYI UMKHYBOYK Y F.D.

DESFEMSHOPUFSH CHTENOOSCHI LPNYUUYK PZTBOYUYCHBEFUS PRTEDEMEOOSCHN UTPLPN YMY LPOLTEFOSCHNY ЪBDББУБНИ.

rPMOPNPYYS UPCHEFB ZHEDETBGYY PRTEDEMOSCH lPOUFYFHGYEK tPUUYKULPK ZHEDETBGYY. PUOPCHOPK ZHKHOLGYEK RBMBFSH SCHMSEFUS PUHEEUFCHMEOYE ЪBLPOPDBFEMSHOSHHI RPMOPNPYUYK. rPTSDPL TBUUNPFTEOYS UPCHEFPN ZHEDETBGYY ZHEDETBMSHOSHHI LPOUFYFHYPOOSCHI EBLPOPCH Y ZHEDETBMSHOSHHI UBLPOPCH, UPPFCHEFUFCHEOOP PDPVTEOOSHI YMY RTYOSFSHCHI zPUKHDBTUFCHEOOPK dHNPK, PRT EDEMSEFUS lPOUFYFKHGYEK tPUUYKULPK ZHEDETBGYY Y TEZMBNEOFPN UPCHEFB ZHEDETBGYY.

PTZBOYBGYS ЪBLPOPDBFEMSHOPK TBVPFSHCH UPCHEFE ZHEDETBYY PUHEEUFCHMSEFUS RP DCHHN PUOPCHOSCHN OBRTBCHMEOYSN:

— UPCHEF ZHEDETBGYY UPCHNEUFOP U zPUKHDBTUFCHEOOPK dKHNPK KHUBUFCHHEF CH TBTBVPFLE ЪBLPOPRTPELFPCH, TBUUNPFTEOYY ЪBLPOPCH Y RTYOSFYY TEYEOYK RP OIN;

— CH RPTSDLE TEBMYBGYY RTBCHB ЪBLPOPDBFEMSHOPK YOYGYBFYCHSHCH UPCHEF ZHEDETBYY UBNPUFPSFEMSHOP TBTBVBFSCHBEF RTPPELFSH ZHEDETBMSHOSHHI ЪBLPOPPCH Y ZHEDETBMSHOSHCHI OSCHI ЪBLPOPCH.

l CHEDEOYA UPCHEFB ZHEDETBGYY, LTPNE FPZP, PFOPUSFUS:

— HFCHETTSDEOOYE YЪNEOOYS ZTBOYG NETSDH UHVYAELFBNY tPUUYKULPK ZHEDETBGYY;

— KHFCHETTSDEOOYE KHLBBB rTEYDEOFB TPUUYKULPK ZHEDETBGYY P CHCHEDEOYY CHPEOOZP YMY YUTECHSHCHYUBKOPZP RPMPTSEOYS;

— TEYEOYE CHPRPTUB P CHPNPTSOPUFY YURPMSHЪPCHBOYS chPPTHTSEOOSCHI UYM TPUUYKULPK ZHEDETBGYY UB RTEDEMBNY FETTYFPTYY TPUUYKULPK ZHEDETBGYY;

— OBYUEOYE CHSHCHVPTPCH rTEYDEOFB tPUUYKULPK ZHEDETBGYY;

— PFTEYEOYE rTEYDEOFB tPUUYKULPK ZHEDETBGYY PF DPMTSOPUFY;

— ANNOUNCEMENT ABOUT DPMTSOPUFSH UHDEC lPOUFYFKHYPOOPZP UHDB tPUUYKULPK ZHEDETBGYY, CHETIPCHOPZP UHDB TPUUYKULPK ZHEDETBGYY, chCHUYEZP bTVYFTBTTSOPZP UHDB TPUUYKULPK ZHEDETBGYY;

— ANNOUNCEMENT ABOUT DPMTSOPUFSH Y PUCHPVPTSDEOOYE PF DPMTSOPUFY ZEOETBMSHOPZP RTPLHTPTB TPUUYKULPK ZHEDETBGYY;

— ANNOUNCEMENT ABOUT DPMTSOPUFSH Y PUCHPVPTSDEOOYE PF DPMTSOPUFY ЪBNEUFYFEMS rTEDUEDBFEMS uYUEFOPK RBMBFSH Y RPMPCHYOSCH UPUFBCHB ITS BKhDYFPTPCH.

UPCHEF ZHEDETBGYY, TBCHOP LBL Y LBTSDSCHK YUMEO UPCHEFB ZHEDETBGYY, PVMBDBEF RTBCHPN ЪBLPOPDBFEMSHOPK YOYGYBFYCHSHCH.

UPCHEF ZHEDETBYY RTOYNBEF TEZMBNEOF, Ch LPFPTPN DEFBMSHOP PRTEDEMSAFUS PTZBOSHY RPTSDPL TBVPFSCH UPCHEFB ZHEDETBGYY, KHUBUFYE RBMBFSHCH ЪBLPOPDBFEMSHOPK DESFEMSHOPUFY, RPTSDPL TBUUNPFTEOYS CHPRTPUPCH, SHI L CHEDEOYA UPCHEFB ZHEDETBGYY.

uFBFKHU UMEOB uPChEFB ZHEDETBGYY PRTEDEMSEPHUS lPOUFYFHGYEK tPUUYKULPK ZHEDETBGYY, UPZMBUOP LPFPTPK YUMEOSH UPCHEFB ZHEDETBYY PVMBDBAF OERTYLPUOPCHOOPUFSHHA CH FEYOOYE CHUEZP UTPLB YI RPMOPNPYUYK. POY OE NPZHF VSHFSH ЪBDETTSBOSHCH, BTEUFPCHBOSHCH, RPDCHETZOKHFSCH PVSHULKH, LTPNE UMHYUBECH OBDETSBOYS ABOUT NEUFE RTEUFKHRMEOYS, B FBLCE RPDCHETZOKHFSCH MYUOPNH DPUNPFTKH, YULMAYUE OYEN UMHYUBECH, LPZDB LFP RTEDKHUNPFTEOP ZHEDETBMSHOSHCHN ЪBLPOPN DMS PVEUREYUEOYS VE'PRBUOPUFY DTHZYI MADEK.

lTPNE FPZP, UFBFKHU UMEOB UPCHEFB ZHEDETBGYY TEZKHMYTHEFUS ZHEDETBMSHOSHCHN ЪBLPOPN "p UFBFKHUE YUMEOB UPCHEFB ZHEDETBGYY UFBFKHUE DERKHFBFB zPUKhDBTUFCHEOOPK dKHNSCH ZHEDETBMSHOP ZP uPVTBOYS tPUUYKULPK ZHEDETBGYY" (CH TEDBLGYY ZHEDETBMSHOPZP ЪBLPOB PF 5 YAMS 1999 ZPDB? 133-zh).

Term of the presidency in Russia About banking activities

Text Art. 102 of the Constitution of the Russian Federation in the current version for 2019:

1. The jurisdiction of the Federation Council includes:

a) approval of changes in borders between the constituent entities of the Russian Federation;

b) approval of the decree of the President of the Russian Federation on the introduction of martial law;

c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;

d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

e) calling elections for the President of the Russian Federation;

f) removal of the President of the Russian Federation from office;

g) appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation * (20);

h) appointment and dismissal of the Prosecutor General of the Russian Federation and Deputy Prosecutors 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 within its jurisdiction by the Constitution of the Russian Federation.

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

Commentary to Art. 102 of the Constitution of the Russian Federation

1. Part 1 of the commented article establishes the powers of the Federation Council. They are also determined by other articles of the Constitution of the Russian Federation, federal laws, and Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated January 30, 2002 N 33-SF “On the Rules of Procedure of the Federation Council of the Federal Assembly of the Russian Federation” (hereinafter referred to as the Rules of the Federation Council). For example, the authority to approve federal laws adopted by the State Duma, to adopt the Rules of Procedure of the Federation Council, and to resolve issues of internal regulations of its activities is 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” (as amended and supplemented) 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 of May 31, 1996 N 61-FZ “On Defense” supplemented the authority of the Federation Council to approve the 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 not according to their intended purpose. The regulations of the Federation Council added his authority to appoint judges of the Economic Court of the Commonwealth of Independent States * (546).

Thus, the list of questions given in Part 1 of the commented article is not exhaustive. However, enshrining precisely these issues in the Constitution of the Russian Federation is fundamentally important.

Firstly, the article under comment 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 with the appropriate resolution.

Secondly, the management issues listed in the list affect the most important aspects of public life. Thus, in addition to such emergency issues as the introduction of martial law or the use of the Armed Forces of the Russian Federation outside the territory of the Russian Federation, the possibilities of control over the broad powers of the President of the Russian Federation 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 unsettled nature of such issues as the timing of the proposal of candidates by the President of the Russian Federation, the possibility or impossibility of re-submitting a rejected candidacy, gives rise to serious problems in the sphere of the effective functioning of some of these government agencies and the legitimacy of the exercise of powers by certain officials. For example, the President of the Russian Federation’s long selection of candidates for the position of judges of the Constitutional Court of the Russian Federation led to the fact that this body began work more than a year and two months after the adoption of the 1993 Constitution. Almost a year (1994-1995) in the position of Prosecutor General ( at the same time, the candidate 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 jurisdiction of the Federation Council listed in Part 1 of the commented article.

Approval of changes in borders between constituent entities of the Russian Federation.

Changing the borders 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 design is due to the fact that the issue of borders may go beyond the interests of the contracting 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 agreements between the Russian Federation and its subjects regarding the delimitation of jurisdiction and powers, as a result of which the legal regime of objects located on the territory that passes from one subject of the Federation to another may change. There may be other reasons for the interest of the Russian Federation and its third constituent entities in a specific 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 boundaries between which are proposed to be changed.

To consider the issue of approving changes in the boundaries between the constituent entities of the Russian Federation, the following are submitted to the Federation Council:

an agreement (agreement) on changing borders, 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) bodies of state power of these constituent entities of the Russian Federation;

justification for changing borders, agreed upon by the constituent entities of the Russian Federation, i.e. the feasibility 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 border line between the constituent entities of the Russian Federation and the proposed border line between them marked on it, a description of the borders.

The decision to approve changes 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 relevant constituent entities of the Federation, as well as to the federal executive bodies for execution.

If changes in the boundaries between the constituent entities of the Russian Federation are not approved, the Federation Council may decide to hold consultations on the issue under consideration, in addition, it may reconsider this issue.

Resolutions of the Federation Council approving changes in the border between the subjects of the Federation were adopted twice: on February 3, 1994 between the Ivanovo and Nizhny Novgorod regions * (548) and on October 25, 1994 between the 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 introduction of a state of martial law and a state of emergency, even in a separate area, affects a wide variety of interests (for example, rights, freedom of movement, security) of many regions of the country and citizens living in them, therefore the Constitution of the Russian Federation provides that the Presidential Decree on the introduction of a state of martial law and a state of emergency is subject to approval by the Federation Council - a body representing the interests of all constituent entities of the Russian Federation.

Both martial and state of emergency on the territory of the Russian Federation or in its individual localities are introduced by Decree of the President of the Russian Federation, which is immediately reported to the Federation Council. The Chairman of the Federation Council immediately sends 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 in certain period: for martial law - not exceeding 48 hours from the date of receipt of this Decree, for a state of emergency - 72 hours from the date of promulgation of the Decree.

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.

Resolving 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 constituent entities of the Federation, and therefore is decided each time by the Federation Council.

This solution has general character, it does not define the purposes of the use of military formations and personnel, the grounds under which the use of the Armed Forces of the Russian Federation is allowed * (550).

The issue 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 proposal 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 immediately sends the said 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 considers this issue at the next meeting of the chamber after the Federation Council receives an appeal from the President of the Russian Federation; he may also, if it is necessary to urgently resolve the issue, consider it at an extraordinary meeting of the chamber. This issue is discussed, as a rule, at a closed meeting of the Federation Council, unless the chamber makes a different decision.

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 do not vote 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 Resolution No. 262-SF of June 25, 1999, the Federation Council agreed to the use of military formations of the Armed Forces of the Russian Federation with a total number of up to 3,616 people in the international security presence in Kosovo (Federal Republic of Yugoslavia) until June 10, 2000 * (551)

Appointment of elections of the President of 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 on December 31, 1999 of the President of the Russian Federation B.N. Yeltsin, the Federation Council on January 5, 2000, by resolution No. 4-SF “On calling early elections of the President of the Russian Federation,” appointed early presidential elections for March 26, 2000 * (552)

The appointment of the election of the head of state by the Federation Council is carried out in accordance with 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 for elections is the first Sunday after the month in which voting took place in the previous general elections of the President of the Russian Federation.

Early elections of the President of the Russian Federation are called by the Federation Council if the President of the Russian Federation terminates the exercise of powers before the expiration of the constitutional term in the event of resignation or for health reasons no later than 14 days from the date of such termination of powers. Voting day in this case is the last Sunday before the day on which three months expire from the date of early termination of the exercise of powers by the President of the Russian Federation. 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 serious crime as grounds for the removal of the President of the Russian Federation from office; the conditions and procedure for removing the President of the Russian Federation from office have been regulated. There is no legislative regulation on this issue. Chapter 19 of the Rules of Procedure of the Federation Council contains detailed rules of procedure used to resolve this issue.

Appointment to the position of judges of federal courts.

Appointment to positions 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 the actual 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 evaluate their constitutionality. The upper house of the Russian parliament - the Federation Council - has only control powers in the legislative process, and therefore it 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) are presented to the Federation Council by the President of the Russian Federation or, on his instructions, by his authorized representative in the Federation Council.

The Federation Council considers the issue of appointment to the position of judges of the Constitutional Court of the Russian Federation within fourteen days from the date of receipt of the proposal from the President of the Russian Federation. The issue of appointment to the position of judges of federal courts is included in the agenda of the chamber meeting as a separate issue.

Candidates submitted for appointment to the positions of judges of the Constitutional Court of the Russian Federation are preliminary discussed in the Federation Council Committee on Constitutional Legislation, which prepares a conclusion on each candidacy. Candidates submitted for appointment to the positions of other judges of federal courts are preliminary discussed in the Federation Council Committee on Legal and Judicial Issues, which also prepares an opinion on each candidacy.

At a meeting of the Federation Council, the conclusions of the above committees are heard. After discussion, each candidate is included in the ballot for secret voting. By decision of the Federation Council, secret voting may be conducted using an electronic system. A person who receives a majority of votes from the total number of members of the Federation Council during voting is considered to be appointed to the position of 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 to the position of 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 vote is required to adopt this resolution.

If the Federation Council rejects candidates submitted 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 disagreements that have arisen. The said resolution is sent to the President of the Russian Federation by the Chairman of the Federation Council within three days. To conduct consultations, the Federation Council forms a group of members of the Federation Council or entrusts consultations to the Chairman of the Federation Council.

A person appointed to the position of 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 in the presence of the State Emblem of the Russian Federation and the State Flag of the Russian Federation in the Meeting Hall of the Federation Council. The taking of 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 in storage in the Federation Council. After the judge(s) of the Constitutional Court of the Russian Federation takes the oath, the National Anthem of the Russian Federation is played.

After the announcement of the voting results on the 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 each person appointed to the position of judge in a solemn atmosphere in the presence of the State Emblem of the Russian Federation and the State Emblem in the Session Hall of the Federation Council flag of the Russian Federation, a copy of the resolution of the Federation Council on his appointment.

Appointment and dismissal of the Prosecutor General of the Russian Federation.

A candidacy for appointment or dismissal of the Prosecutor General of the Russian Federation is presented to the Federation Council by the President of the Russian Federation or, on his instructions, by the plenipotentiary representative of the President of the Russian Federation in the Federation Council. These proposals are preliminary 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 is carried out by secret ballot. The Prosecutor General of the Russian Federation is considered appointed to the position or dismissed from it if a majority of the total number of members of the Federation Council votes for the candidacy presented by the President of the Russian Federation or for his dismissal from office. If the proposal of the President of the Russian Federation for the appointment or dismissal of the Prosecutor General of the Russian Federation does not receive the required number of votes from members of the Federation Council during voting, it is rejected. If the proposal to appoint the named candidate is rejected, the President of the Russian Federation, within 30 days, submits to the Federation Council a new candidate for appointment to the specified position.

The decision on appointment or rejection to this position, as well as on dismissal or retention in office, is formalized by a resolution of the Federation Council.

In case of a positive vote, the Chairman of the Federation Council swears in the person appointed to the position of Prosecutor General of the Russian Federation. The oath of office of the Prosecutor General of the Russian Federation is heard by everyone in the Session Hall of the Federation Council while standing. The taking of 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 in storage in the Federation Council. After taking the oath, the National Anthem of the Russian Federation is played.

In practice, in connection with the appointment and dismissal of the Prosecutor General of the Russian Federation, there were differences of opinion between the President of the Russian Federation B.N. Yeltsin and the Federation Council.

After the resignation of Prosecutor General A.I. Kazannik The President of the Russian Federation appointed A.N. acting Prosecutor General on February 26, 1994. Ilyushenko, whose candidacy was rejected by the Federation Council on October 25, 1994.

Yu.I. was appointed Prosecutor General on October 24, 1995. 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 post of Prosecutor General. The President, by Decree No. 415 of April 2, 1999, dismissed Yu.I. Skuratov from the post of 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 competence. In Resolution No. 17-P of December 1, 1999 on a dispute about the competence between the Federation Council and the President of the Russian Federation regarding the ownership of the authority to issue an act on the temporary removal of the Prosecutor General of the Russian Federation from office in connection with the initiation of a criminal case against him, the Constitutional Court indicated in paragraph 1 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 for the duration of the investigation of the 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 the President of the Russian Federation is obliged to issue a temporary removal of the Prosecutor General of the Russian Federation from office, the necessity of which is due to the initiation of a criminal case against him. According to the proposal of the President of the Russian Federation V.V. Putin On May 17, 2000, the Federation Council released Yu.I. Skuratov from the post of 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 position held, are considered by the Federation Council on the recommendation of the President of the Russian Federation. Both of these issues are preliminarily discussed in the Federation Council Commission for interaction with the Accounts Chamber of the Russian Federation, which is preparing a corresponding conclusion.

The issue of appointment to the specified position is considered within 30 days from the day following the day of receipt of the proposal from the President of the Russian Federation.

The decision on appointment and dismissal is carried out by secret ballot. The Deputy Chairman of the Accounts Chamber of the Russian Federation is considered appointed to the position or relieved of it if a majority of the total number of members of the Federation Council votes for the candidate nominated by the President of the Russian Federation or for his dismissal from office. If the proposal of the President of the Russian Federation for the appointment or dismissal of the Deputy Chairman of the Accounts Chamber of the Russian Federation does not receive the required number of votes from members of the Federation Council during voting, it is rejected. If the proposal to appoint the named candidate is rejected, the President of the Russian Federation, within two weeks, submits to the Federation Council a new candidate for appointment to this position.

The decision on appointment to this position or rejection, as well as on dismissal or retention in position is 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 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, resolutions on the adoption of the Rules of Procedure of the Chamber or amendments to it.

A non-normative act is an act that does not contain generally binding legal norms and is issued in relation to a specific legal or individual. Here we are talking about decisions on appointment or dismissal from a position and 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, the approval of which requires a majority vote of the total number of members of the Federation Council. However, not all resolutions of the Federation Council are considered in this order. There are also exceptions when such resolutions are adopted by a qualified majority. Qualified majority of votes - a 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 on the removal of 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 of the votes of the total number of members of the Federation Council. The same provision applies in the event of a re-examination and approval of a federal law by the Federation Council in a 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 are required to adopt 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 are required to revise the provisions of Chapter. 1, 2 and 9 of the Constitution of the Russian Federation ().

Compound. General provisions

The Federal Assembly of Russia is the Russian parliament, 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 subject of Russia - one each 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 term of four years. The procedure for forming the Federation Council and the procedure for electing 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 can be elected as a deputy of the State Duma. The same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A State Duma deputy cannot simultaneously be a deputy of other representative bodies state authorities and local governments. Deputies of the State Duma work on a professional permanent basis; they cannot be in the public service or engage in other paid activities, except for teaching, scientific and other creative activities.

Members of the Federation Council and deputies of the State Duma enjoy immunity during the entire term of their powers - they cannot be:

. detained, arrested, searched (except for cases of detention at the scene of a crime);
. subjected to personal search (except for cases where this is provided federal law to ensure the safety of other people).

The issue of deprivation of immunity is decided upon the proposal of the Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly of the Russian Federation.

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 meeting of the State Duma is opened by the oldest deputy in age. From the moment the State Duma of the new convocation begins its work, the powers of the State Duma of the previous convocation cease.

The Federation Council and the State Duma meet separately. Although their meetings are open, in cases provided for by the regulations of the chambers, they can hold closed meetings. The chambers may meet jointly to hear messages from the President of Russia, the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states.

Each chamber elects from among its members a chairman and his deputies, who preside over the meetings of the respective chambers and are in charge of the internal regulations of the chamber. Each chamber forms commissions and committees within itself, holds parliamentary hearings on issues within its jurisdiction, adopts its own regulations, and resolves issues of 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 borders between constituent entities 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;

2). Resolving the issue of the possibility of using the Russian Armed Forces outside the territory of the Russian Federation;

3). Purpose:

a) elections of the President of Russia;
B) to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation.

4) Appointment and dismissal of the Prosecutor General of the Russian Federation, the Deputy Chairman of the Accounts Chamber and half of its auditors.

The Federation Council adopts resolutions on issues within its jurisdiction by the Constitution of Russia. Resolutions are adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for adoption is provided for by the Constitution of Russia.

Issues within 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 trust in the Government of the Russian Federation;
appointment and dismissal of the Chairman of the Central Bank of the Russian Federation, Chairman of the Accounts Chamber and half of its auditors, the Commissioner for Human Rights of the Russian Federation (acts on the basis of federal constitutional law);
amnesty announcement;
bringing charges against the President of Russia for his removal from office.

The State Duma adopts Resolutions on issues within its jurisdiction by the Constitution of Russia. Resolutions are adopted by a majority vote of the total number of deputies, unless a different procedure for adoption is provided for by the Constitution of Russia.

Keywords: State Duma, Federation Council, Federal Assembly of Russia, resolution, Armed Forces of Russia, conduct, 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 three times rejection of submitted candidates for the post of Chairman of the Government of the Russian Federation;
when the State Duma expresses no confidence in the Government of the Russian Federation in accordance with Art. 117 of the Russian Constitution.

When the State Duma is dissolved, the President of Russia calls elections in such a way that the newly elected State Duma meets no later than four months from the date of dissolution.

The State Duma cannot be dissolved:

. on the grounds provided for in Art. 117 of the Russian Constitution;
. within one year after her election;
. from the moment she brings charges against the President of Russia until the adoption of the corresponding decision by the Federation Council;
. during a period of martial law or a state of emergency throughout 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.

Lawyer LLC "Company open systems” A. A. Rudakov

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