Constitutional legal status of the Federation Council. Constitutional and legal status of a member of the Federation Council of the Federal Assembly of the Russian Federation Aleksandra Anatolyevna Smolenskaya. The procedure for the formation of the Federation Council and the election of deputies of the State

Topic: Constitutional and legal status of a deputy The State Duma and a member of the Federation Council of the Federal Assembly of the Russian Federation

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University: Russian State University justice

Year and city: Simferopol 2018


Introduction ………………………………………………………………………… ... 3

Chapter 1. Constitutional and legal foundations of the status of a deputy

State Duma and a member of the Council of the Federation of the Federal

Meetings of the Russian Federation ……………………………………………… ..6

1.1 Definition of concepts State Duma deputy and

member of the Federation Council. The regulatory framework defining

their legal status …………………………………………………………… .6

1.2. Legal status of members of the Federation Council and deputies

State Duma of the Federal Assembly of the Russian Federation ... .10

Chapter 2. Procedure for vesting and terminating the powers of a deputy

State Duma and a member of the Council of the Federation of Federal

Assembly of the Russian Federation ……………………………………………… .18

2.1. The procedure for nomination and requirements for

candidates for deputies of the State Duma and members of the Council

Federation of the Federal Assembly of the Russian Federation ……………… ... 18

2.2. Forms of activity, rights and obligations and guarantees

deputies of the State Duma, members of the Federation Council ……………… 24

Conclusion ……………………………………………………………………… .34

List of used literature ………………………………………… ... 37

Introduction

Relevance of the topic. The study of the issue of constitutional and legal status is of greater importance in modern legal science, since parliamentary law does not stand still, innovations constantly appear in legislation that affect the basic rights and obligations of a parliamentarian. The forms of exercising democracy in the Russian Federation are one of the qualitative characteristics of a modern democratic state and the most important object of research in legal science, which is based, among other things, on an understanding of the role and place of the bodies of people's representation in political system, the status of deputies and elected officials.

A deputy of the State Duma and a member of the Federation Council is a special group of people that differs both from other civil servants and from ordinary citizens, primarily in the activities carried out by this group - legislative activity throughout the country. This difference is reflected in the special legal status of parliamentarians: in the rights, duties, restrictions, privileges that the law provides for deputies and members of the Federation Council (“senators”) so that they carry out their activities as efficiently and impartially as possible.

Purpose of the work: a comprehensive constitutional and legal study of the status of a deputy of the State Duma and a member of the Council of the Federation of the Federal Assembly of the Russian Federation, characterizing their constitutional and legal status, normative reflection in constitutional legislation, as well as scientific views in this area.

In accordance with this goal, the following tasks were set:

Consider the concepts of a deputy of the State Duma and a member of the Federation Council, the regulatory framework that determines their legal status;

Determine the legal status of members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation;

Analyze the procedure for nomination and the requirements for candidates for deputies of the State Duma and members of the Federation Council

Federal Assembly of the Russian Federation;

Reveal the forms of activity, rights and obligations and guarantees of deputies of the State Duma, members of the Federation Council.

The degree of scientific elaboration of the problem. The attention of scientific constitutionalists is constantly drawn to the problem of parliament, the methods of its formation, the legal status of a member of the Federation Council and a deputy of the State Duma, and the forms of its activity. Among the specialists who consider in their works various aspects of the problems of the Federation Council, it should be noted such authors as R.G. Abdulatipov, S.A. Avakyan, K.V. Aranovsky, M.V. Baglai, A.A. Bezuglov, V.D. Gorobets, I.V. Grankin, A. Demishel, E.E. Zaslavsky, Yu.K. Krasnov, E. I. Kozlova, O. E. Kutafin, L. Locke, N.A. Mikhaleva, B.A. Strashun, V.V. Lazarev, V.O. Luchin, V.E. Chirkin, N.I. Shaklein and others.

Noting the contribution of scientists to the development of the problem of the formation and functioning of parliament, however, we have to admit that it remains insufficiently studied. This is primarily due to the fact that scientists often cannot keep up with the dynamics of changes in legislation on the formation of the Federation Council and the status of members of the Federation Council and deputies of the State Duma, since this legislation is developing very intensively.

Methodology: analysis of theoretical sources on the selected topic, study of the legal framework.

Characteristics of sources and literature. Constitutional and legal norms establishing the legal status of members of the Federation Council and deputies of the State Duma, the procedure and procedures for the formation of its composition, the practice of their implementation, as well as the concepts prevailing in the science of constitutional law and existing theoretical approaches related to the problems of forming the upper chamber of the Russian parliament and establishing the constitutional and legal status of its members.

List of used literature

  1. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Sobr. law. RF. 2014. No. 31. Art. 4398.
  2. The Criminal Procedure Code of the Russian Federation of 12/18/2001 No. 174-FZ [Electronic resource] // http://www.consultant.ru/document/cons_doc_LAW_34481/.
  3. On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation: Federal Law of June 12, 2002 No. 67-FZ // Sobr. Law. RF. 2002. No. 24. Art. 2253.
  4. On the status of a deputy of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation: Federal Law of May 08, 1994, No. 3-FZ // Sobr. Law. RF. 1994. No. 2. Art. 74.
  5. On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation:
  6. About the Federation Council of the Federal Assembly of the Russian Federation:
  7. On amendments to certain legislative acts of the Russian Federation in terms of clarifying the requirements for the replacement of state and municipal positions:
  8. On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation: Federal Law of February 22, 2014 No. 191-FZ // Collected Works. Law. RF. 2014. No. 8. Art. 740.
  9. On the parliamentary investigation of the Federal Assembly of the Russian Federation: Federal Law of December 27, 2005 No. 196-FZ [Electronic resource] // http://base.garant.ru/189019/.
  10. On amendments to Articles 3 and 8 of the Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" and certain legislative acts of the Russian Federation: Feder. Law of July 28, 2014 No. 191-FZ // Collected. Law. RF. 2014. No. 26. Art. 3397.
  11. On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation: Resolution of the State Duma of December 21, 2017 No. 3227-7 GD. // Collected law. 2017. No. 7. Art. 801.
  12. On amendments and additions to the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation": FZ dated 03.04.2017 No. 62-FZ // Sobr. Law. RF. 2017. No. 32. Art. 3330.
  13. Avakyan S.A. Constitutional law of Russia: textbook. well. Volume 2.M., 2014.
  14. Bespaly, I.T., Polyansky, V.V. State law of the Russian Federation: textbook. allowance. Samara, 2017.
  15. Baglai M.V. Constitutional law of the Russian Federation: textbook. for universities. M., 2013.
  16. Bulgakov O. N., Ryazantsev I. N. Parliamentary law of Russia: a course of lectures. M., 2012.
  17. Buzin A.Yu. Distribution of deputy mandates: law or algorithm? // Constitutional and municipal law, 2016. No. 1.
  18. Varlen M.V. People's Representative: Theory and Practice // Legislation and Economics, 2015. No. 11.
  19. Varlen M.V. Legal status deputy and elected official (problems of theory) // Legal world, 2066. № 8.
  20. Vaskova L.G. A new model of relations between a deputy and voters // Constitutional and municipal law, 2016. No. 11.
  21. Glotov S.A., Fomichenko M.P. Constitutional law: textbook. manual), Moscow, 2011.
  22. R.V. Engibaryan Constitutional Law: Textbook. M.,.
  23. Kirichek E.V. Constitutional law of Russia: textbook. M., 2011.
  24. Kazannik A.I., Kostenkov A.N. Constitutional law. University course. M., 2014.

The Constitution of the Russian Federation defines the Federal Assembly as a single body state power(Part 1 of Art. 11 and Art. 94).

The legal status of a parliamentarian - the position of a member of the Federation Council and a deputy of the State Duma, regulated by the norms of constitutional law. Its content covers a wide range (system) of public relations.

The legal status of parliamentarians is enshrined in the Constitution of the Russian Federation and in the Federal Law of May 8, 1994 N 3-FZ "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" and in the regulations of the chambers of the Federal Assembly.

The legal nature of a parliamentarian is disclosed in the Federal Law "On the Status of a Member of the Federation Council and a Deputy of the State Duma of the Federal Assembly of the Russian Federation". In Art. 1 of this law says:

1. A member of the Federation Council is a representative from a constituent entity of the Russian Federation authorized in accordance with the federal law on the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation to exercise in the Federation Council of the Federal Assembly of the Russian Federation (hereinafter - the Federation Council) legislative and other powers provided for by the Constitution of the Russian Federation and this Federal Law ...

2. A deputy of the State Duma is a representative of the people elected in accordance with the federal law on the election of deputies to the State Duma of the Federal Assembly of the Russian Federation, authorized to exercise in the State Duma of the Federal Assembly of the Russian Federation (hereinafter - the State Duma) legislative and other powers provided for by the Constitution of the Russian Federation and this Federal Law.

3. A member of the Federation Council, a deputy of the State Duma cannot be a Russian Federation who has citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state.

Comment

There is no doubt that the members of the Federation Council represent the constituent entities of the Russian Federation. But is it possible to consider that each deputy of the State Duma represents the people of the country? All together the deputies of the State Duma, as well as all together the members of the Federation Council, undoubtedly represent the entire people of the country. This is also indisputable. As for the State Duma deputies elected in the federal district according to a proportional system - according to the lists, each of them also represents the voters of the whole country. But is it possible to consider a deputy of the State Duma, elected through a majoritarian electoral system in a single-mandate constituency, a representative of the entire people of the country? It is unlikely that it will be accurate. It would be more correct to say that a deputy of the State Duma, elected in a single-mandate constituency, represents the voters of his constituency in the Duma, and the State Duma itself is the representative body of the entire people of the country, and it must act in the interests of the entire people.

How to be a deputy of the State Duma, elected in a single-mandate constituency, if the will, interests of the voters of his constituency are at odds with the will of the majority of voters throughout the country? Is the will of the voters of his constituency obligatory for the deputy?

In such a situation, a deputy cannot and should not defend the will of the minority just because this will comes from the voters of his constituency. Professor I.P. Ilyinsky, in a conversation for the newly elected deputies, said that a deputy should take care of the needs of his voters, "but, limiting himself only to this, one can imperceptibly move from state positions to a local one. A deputy should remember that there is a wedge of light in his district. Therefore, without for a moment forgetting about the needs of your voters, you cannot oppose them to other social needs. "

In accordance with Federal Law No. 229-FZ of December 3, 2012 "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" RF for the term of office of this body, and when forming a legislative (representative) body of state power of a constituent entity of the Russian Federation by rotation - for the term of office of once-elected deputies of this body.

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

The representative in the Federation Council from the executive body of state power of the constituent entity of the Russian Federation is appointed by the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) for the term of his office. The powers of a member of the Federation Council by office are terminated from the date of termination of his powers as the head of the legislative (representative) or head of the executive body of state power of the constituent entity of the Russian Federation.

The powers of a member of the Federation Council begin from the day the decision on his election (appointment) enters into force. The powers of a member of the Federation Council shall terminate from the date of entry into force of the decision on the election (appointment) of a new member of the Federation Council - a representative from the same government body of the constituent entity of the Russian Federation - by the relevant state authority of the constituent entity of the Russian Federation in the manner prescribed by this Federal Law.

The term of office of the State Duma deputies is determined in Art. 96 of the Constitution of the Russian Federation: "The State Duma is elected for a term of five years."

The powers of a member of the Federation Council and a deputy of the State Duma shall be terminated ahead of schedule on the grounds provided for by 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":

  1. a written statement of resignation;
  2. election as a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation or a local self-government body, an elected official of another body of state power or a local self-government body, as well as appointment to another public office of the Russian Federation, public office of a subject of the Russian Federation, admission to public or municipal service;
  3. participation in activities for the management of a commercial organization, entrepreneurial or other paid activities, except for teaching, scientific and other creative activities;
  4. joining the management bodies, board of trustees or supervisory boards, other bodies of foreign non-commercial non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
  5. opening (having) accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments by a member of the Federation Council, a deputy of the State Duma, their spouses and minor children;
  6. failure to submit or untimely submission of information about their income, expenses, property and property obligations, as well as income, expenses, property and property obligations of their spouse and minor children;
  7. loss of citizenship of the Russian Federation or acquisition of citizenship of a foreign state;
  8. the entry into force of the court's conviction;
  9. the entry into force of a court decision on limiting legal capacity or on recognizing them as legally incompetent;
  10. recognition as missing or declaring them dead on the basis of a court decision that has entered into legal force;
  11. death of a member of the Federation Council, deputy of the State Duma.

The powers of a deputy of the State Duma shall also be terminated in the event of:

  • dissolution of the State Duma provided for in Articles (threefold rejection of the candidacy of the Chairman of the Government) and 117 (repeated lack of confidence in the Government) of the Constitution of the Russian Federation;
  • withdrawal by personal application from the faction, in which it consists in accordance with Article 7.1 of this Federal Law;
  • non-compliance with the requirements of part two, six or seven of Article 7.1 of the Federal Law (belonging to a particular party and faction).

Powers of a deputy of the State Duma can be terminated ahead of schedule by the decision of the State Duma

  1. on the initiative of the faction in which he is a member in accordance with Article 7.1 of this Federal Law, or
  2. on the initiative of the committee of which he is a member,

in case of non-performance within 30 or more calendar days of duties, provided for in parts 1 and 2 of Article 8 (communication with voters, personal reception of citizens) and part 3 of Article 12 (personal participation in State Duma meetings) of the Federal Law.

Conditions for the exercise by parliamentarians of their powers

Deputies of the State Duma and members of the Federation Council elected (appointed) in accordance with the Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" exercise their powers on a permanent basis. This means that these parliamentarians are prohibited from:

    • be a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation or a local government body, an elected official of another government body or a local government body;
    • be in the state or municipal service;
    • engage in entrepreneurial or other paid activities, except for teaching, scientific and other creative activities;
    • be a member of the management body of a business company or other commercial organization.

Parliamentarians who, on the day of the commencement of the term of their respective powers, are military personnel, persons of the rank and file and commanding staff of the internal affairs bodies, employees of the prosecutor's office, tax police and customs authorities, institutions and bodies of the penal system, suspend military service or service in listed bodies and institutions.

Suspension period military service or service in other bodies and institutions mentioned above is counted towards the length of service. During this period, the payment of monetary allowances (pay) and other funds provided for by federal legislation for military personnel and employees of these bodies and institutions, as well as the assignment of regular military or special ranks and class ranks is not made. During this period, a member of the Federation Council, a deputy of the State Duma has the right to resign from military service or service in the indicated bodies and institutions on the grounds provided for by federal legislation.

The executive body of the constituent entity of the Russian Federation, on the territory of which the constituency of the State Duma deputy is located, is obliged to provide him with transport vehicles, a separate guarded room equipped with furniture, communication facilities, including government communications, and the necessary office equipment, including personal computers, for the exercise of his parliamentary powers. connected to the general network of the relevant state authorities, printers, copying and duplicating equipment, as well as to provide other conditions for the exercise of their powers provided for by federal law.

The head of the executive body of a constituent entity of the Russian Federation, local government bodies are responsible for creating conditions for the exercise of the powers of a deputy of the State Duma and his assistants.

Forms of activity of parliamentarians

In Art. 7 of the Federal Law "On the status of a member of the Federation Council and the status of a deputy of the State Duma ..." lists the following forms of activity of members of the Federation Council and deputies of the State Duma:

    1. participation in meetings and joint meetings of the chambers of the Federal Assembly;
    2. participation in the work of committees and commissions of the chambers of the Federal Assembly; in the work of conciliation, parliamentary and special commissions;
    3. participation in the fulfillment of instructions of the Federation Council, the State Duma and their bodies, respectively;
    4. participation in parliamentary hearings;
    5. submission of bills to the State Duma;
    6. submission of a parliamentary inquiry, deputy inquiry;
    7. addressing questions to members of the Government of the Russian Federation at a meeting of the corresponding chamber of the Federal Assembly of the Russian Federation;
    8. an appeal to the relevant officials with the requirement to take measures to immediately suppress the revealed violation of the rights of citizens.

In addition, the forms of activity of a deputy of the State Duma are also:

    • work with voters;
    • participation in the work of deputy associations - factions and deputy groups in the State Duma.

The most important form of active participation of parliamentarians in the activities of their chambers is the right to legislative initiative, which is carried out in the form of submitting bills and amendments to them to the State Duma.

Parliamentarians have a decisive vote on all issues considered by the relevant chamber, as well as by the committee, commission, conciliation committee, conciliation commission of which they are a member.

Every parliamentarian has the right to speak at meetings of his chambers. As a rule, their performances are of two types:

    1. speeches in the debate;
    2. speeches with justification of their proposals.

At the same time, both the content and the form of the speech are important for the parliamentarian.

A member of the Federation Council and a deputy of the State Duma have the right to speak on issues of their activities in the state mass media in the manner prescribed by the federal law on the procedure for covering the activities of state power bodies in the state mass media.

While granting parliamentarians a number of rights, the law prohibits them from interfering in the operational-search, criminal-procedural activities of the bodies of inquiry, investigators and judicial activity.

If for members of the Federation Council and deputies of the State Duma there are several forms of activity in the respective chambers and their bodies, work with voters is still a form of activity provided by law only for deputies of the State Duma.

Deputy of the State Duma:

  1. keeps in touch with voters;
  2. considers applications from voters, receives citizens, makes proposals to the relevant state authorities, local government bodies and public associations;
  3. informs voters about his activities during meetings with them, as well as through the media;
  4. appropriate days are provided monthly for working with voters in the manner determined by the Rules of Procedure of the State Duma;
  5. responds to letters from voters, examines proposals and complaints received from them, receives them in his constituency or in the region designated to him by the deputy association.

Legal status guarantees

For the smooth exercise of their powers, parliamentarians use a number of legal and material-financial ones, which are enshrined in the Constitution of the Russian Federation, the Federal Law "On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma ..." and some other legal acts.

Under the guarantees of the activities of parliamentarians one should understand the conditions and means that directly and really ensure the smooth and effective implementation of parliamentarians' activities.

Among these guarantees, the first place can be placed on personal immunity, or parliamentary immunity (Article 98 of the Constitution of the Russian Federation).

The federal law "On the status of a member of the Federation Council and the status of a deputy of the State Duma ..." not only fixes the forms of activity of parliamentarians, but also establishes conditions, rights and guarantees that ensure their implementation. So, in Art. 5 of this law, parliamentarians have the right to freely visit public authorities, local self-government bodies, attend meetings of their collegial bodies, as well as freely visit military units, organizations, regardless of ownership, fully or partially financed from the federal budget, the budget of the constituent entity of the Russian Federation , the local budget, or those who have privileges in the payment of taxes and mandatory payments, or have state authorities and (or) local self-government bodies as founders.

The Federal Law "On the status of a member of the Federation Council and the status of a deputy of the State Duma ..." personal integrity somewhat expanded (Article 19):

“A member of the Federation Council, a deputy of the State Duma, without the consent of the corresponding chamber of the Federal Assembly of the Russian Federation, cannot be:

  1. brought to a criminal or administrative responsibility imposed by the court;
  2. detained, arrested, searched (except in cases of arrest at the scene of a crime) or interrogation;
  3. subjected to personal search, except for cases when it is provided by federal law to ensure the safety of other people.

The immunity of a member of the Federation Council, a deputy of the State Duma extends to the living quarters and office premises they occupy, personal and official vehicles used by them, communications equipment, documents and luggage belonging to them, and their correspondence. "

The question of depriving a member of the Federation Council, a deputy of the State Duma of immunity is decided upon the proposal of the General Prosecutor of the Russian Federation by the corresponding chamber of the Federal Assembly of the Russian Federation. "

Thus, reproducing the constitutional provisions on parliamentary immunity, on the inadmissibility of detention, search, and personal search of a deputy, the Federal Law also provides for the impossibility of bringing him to criminal or administrative liability imposed in court, and his interrogation without the consent of the relevant chamber of the Federal Assembly ... In addition to the Constitution of the Russian Federation, the Law also establishes that in order to obtain consent to bring a deputy to criminal or administrative liability imposed in court, except for cases of detention at the scene of a crime, as well as to his arrest and search, the Prosecutor General of the Russian Federation shall submit Assembly presentation.

A special procedure for bringing a parliamentarian to criminal or administrative liability imposed in court is one of the essential features of parliamentary immunity.

Deputy immunity (parliamentary immunity) means; that the law does not allow judicial or other legal prosecution (arrest, fine, etc.) in relation to a deputy without the consent of the chamber or a special body created by the chamber. An exception, as a rule, is made if the deputy has committed a crime and was caught at the scene of the crime.

Deputy immunity extends to the sphere of criminal and administrative legislation. The main meaning parliamentary immunity is to protect the deputy from possible encroachments on the part of state bodies, if any activity of the deputy is disapproved of by these bodies.

Along with personal immunity, or parliamentary immunity, members of the Federation Council and deputies of the State Duma enjoy the so-called indemnity - this is the remuneration of a parliamentarian. This remuneration, or indemnity, consists of various kinds of payments: wages, compensation and a number of other material benefits (provision of transport, communications, medical care, life insurance and other guarantees).

4.5

As a result of studying this chapter, the student should:

  • know features of the formation of the Federation Council; the procedure for electing deputies of the State Duma; types of acts adopted by the Federation Council and the State Duma;
  • be able to disclose the main forms of activity of the chambers of the Federal Assembly; to generalize the norms defining the functions and powers of the Federal Assembly;
  • own the skills of a systematic analysis of the provisions of the Constitution of the Russian Federation and federal legislation that determine the constitutional and legal status of the State Duma and the Federation Council, deputies of the State Duma and members of the Federation Council.

Constitutional and legal status of the Federal Assembly of the Russian Federation

In the Russian Federation, the representative and legislative body, parliament is the Federal Assembly (Article 94 of the Constitution of the Russian Federation). The Russian parliament, in accordance with Art. 99 of the Constitution of the Russian Federation, is a permanent body of state power.

The name "Federal Assembly" emphasizes the conditionality of the status of parliament by the federal nature of the state.

According to Part 1 of Art. 95 of the Constitution of the Russian Federation, the Federal Assembly consists of two chambers - the Federation Council and the State Duma.

The State Duma is formed of deputies representing the interests of the entire population of Russia, and the Federation Council consists of members representing the constituent entities of the Russian Federation. If the State Duma is recognized as a symbol of direct representation Russian people, then the Federation Council is defined as a participant in the system of relations of mediated popular representation.

The main activity of the Federal Assembly of the Russian Federation is the adoption of laws that, after the Constitution of the Russian Federation, have higher legal force in comparison with other regulatory legal acts.

The fundamentals of the constitutional and legal status of the Federal Assembly are determined by the Constitution of the Russian Federation (Chapter 5 "Federal Assembly" and other chapters). There is no special federal law regulating the constitutional and legal status of the Federal Assembly.

Procedure for the formation of the Federation Council and the election of deputies of the State Duma

The procedure for the formation of the Federation Council and the election of the State Duma in modern period, according to the provisions of Part 2 of Art. 96 of the Constitution of the Russian Federation, established by Federal Laws dated February 22, 2014 No. 20-FZ "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" and dated February 3, 2012 No. 229-FZ "On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation" ...

Powers in accordance with Part 2 of Art. 95 of the Constitution of the Russian Federation, the Federation Council includes two representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies state power. It should be noted that only representatives of these bodies can be members of the Federation Council.

Formation of the Federation Council, a member of the Federation Council may be endowed with a citizen of the Russian Federation who does not have the citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state, and who has reached the age of 30.

A candidate for the election of a representative to the Federation Council from a unicameral or bicameral legislative (representative) body of state power of a constituent entity of the Russian Federation is submitted for consideration by this body by its chairman or the chairmen of the chambers. An alternative candidate can also be nominated by a group of deputies of at least 1/3 of the total number of deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation.

The election of a representative of the legislative (representative) body of state power of a constituent entity of the Russian Federation, depending on the structure of this body, can take place in different ways. If a constituent entity of the Russian Federation has a unicameral legislative (representative) body of state power, then a representative from this body is elected by the same body for the term of its powers. If the legislature is bicameral, then such a representative is elected alternately from each chamber for half the term of the corresponding chamber.

The decision to elect a representative to the Federation Council is made by secret ballot and is formalized by a resolution of a unicameral legislative (representative) body of state power of a constituent entity of the Russian Federation or by a joint resolution of both chambers of a bicameral legislative body of a constituent entity of the Russian Federation.

A representative from the executive body of state power of the constituent entity of the Russian Federation is appointed by the highest official of the constituent entity of the Russian Federation for the term of his office.

If the highest official of a constituent entity of the Russian Federation is elected by citizens residing in the territory of this constituent entity of the Russian Federation, each candidate for this position submits three candidates to the appropriate election commission, one of which, if the candidate who presented it is elected, will be endowed with the powers of a member of the Federation Council. If the constitution (charter), law of a constituent entity of the Russian Federation provides for the election of a senior official of the constituent entity of the Russian Federation as deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation, the candidate for the post of senior official of the constituent entity of the Russian Federation shall nominate a representative from the executive body of state power of the constituent entity of the Russian Federation to the legislative (representative) body of the corresponding constituent entity of the Russian Federation. The decision to empower a member of the Federation Council - a representative from the executive body of state power of the constituent entity of the Russian Federation must be made by the newly elected top official of the constituent entity of the Russian Federation no later than the next day after the day of his inauguration. This decision formalized by the relevant decree (resolution).

The state authority of the constituent entity of the Russian Federation that has made a decision on the election (appointment) of a member of the Federation Council, no later than the next day after the date of entry into force of the decision, posts it on the official website of this state authority of the constituent entity of the Russian Federation on the Internet and sends it to the Federation Council ...

The powers of a member of the Federation Council begin from the day the Federation Council decides to confirm his powers, and terminate from the day the Federation Council decides to confirm the powers of a new member of the Federation Council - a representative from the same government body of a constituent entity of the Russian Federation, which is necessary for the continuity of the exercise of state power.

FEDERAL AGENCY OF SEA AND RIVER TRANSPORT

FEDERAL STATE EDUCATIONAL INSTITUTION

MARINE STATE UNIVERSITY

named after admiral G.I. Nevelskoy

Department of Documentation

ESSAY

Federation Council of the Russian Federation: status, formation and organizational structure, operating procedure

Completed: 2nd year student

Accepted by: Candidate of Historical Sciences, Professor

Vladivostok

Introduction …………………………………………………………………………… ... 3

1. The status of the Federation Council and its members ................ ………………………………… 4

2. Formation and organizational structure ………………………………… ... 5

3. The order of work of the Federation Council …………………………………………… ..9

Conclusion …………………………………………………………………………… 11

List of used literature and sources ……………………………… ... 12

INTRODUCTION

Legislative power is the right and the ability to issue generally binding normative acts of state importance, which are of the most general nature, that is, to establish rules that determine the foundations of socially significant behavior and activities of physical and legal entities, citizens, officials, bodies and institutions of the state, public associations. The legislative branch is viewed as an expression of the will of the entire people (although in reality this is not always the case), its interests, and people's sovereignty.

Legislative power is exercised, first of all, by the national representative body, which has a generalized name "parliament".

In the Russian Federation, after the adoption of the 1993 Constitution, the Federal Assembly as the parliament of the republic, consisting of the Federation Council and the State Duma, replaced the "two-stage" mechanism of the highest bodies of state power of the Russian Federation, which included the Congress of People's Deputies and the Supreme Advice.

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

1. The status of the Federation Council and its members

In accordance with the regulations, the Federation Council of the Federal Assembly of the Russian Federation is the "upper" chamber of the Federal Assembly - the parliament of the Russian Federation - the representative and legislative body of the Russian Federation.

The Federation Council exercises state power in the Russian Federation within the limits established by the Constitution of the Russian Federation.

The Federation Council is the subject of legislative initiative.

The Federation Council independently decides issues attributed to its jurisdiction by the Constitution of the Russian Federation, federal constitutional laws and federal laws, including on issues of strengthening federalism, state security and personnel policy.

The Federation Council operates on a permanent basis.

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

In addition, the status of a member of the Federation Council is regulated by 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” with subsequent changes.

2. Formation and organizational structure

In accordance with part 2 of Article 95 of the Constitution of the Russian Federation, the Federation Council includes two representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies of state power.

The procedure for the formation of the Federation Council before August 8, 2000 was determined by the Federal Law of December 5, 1995 No. 192-FZ "" (Collected Legislation of the Russian Federation, 1995, No. 50, Art. 4869): the chamber consisted of 178 representatives of the constituent entities of the Russian Federation - heads of legislative (representative) and heads of executive bodies of state power (by position). All members of the Federation Council combined the fulfillment of their duties in the chamber of the federal parliament with their duties in the corresponding constituent entity of the Russian Federation.

On August 8, 2000, a new Federal Law of August 5, 2000 No. 113-FZ "" came into force (Collected Legislation of the Russian Federation, 2000, No. 32, Art. 3336). Now the chamber consists of representatives elected by the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, or appointed by the highest officials of the constituent entities of the Russian Federation (heads of the supreme executive bodies of state power of the constituent entities of the Russian Federation). The term of office of such representatives is determined by the term of office of the bodies that elected or appointed them, however, the powers of the representatives may be terminated by the body that early elected (appointed) him in the same manner as the member of the Federation Council was elected (appointed). A citizen of the Russian Federation at least 30 years old who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies, may be elected (appointed) as a member of the Federation Council.

Candidates for the election of a representative in the Federation Council from a legislative (representative) body of state power of a constituent entity of the Russian Federation are submitted for consideration by this body by its chairman, and in a bicameral legislative (representative) body - alternately by the chairpersons of the chambers. In this case, a group of deputies of at least one third of the total number of deputies may nominate alternative candidates. The decision to elect a representative from the legislative (representative) body is taken by secret ballot and is formalized by a resolution of the said body, and a bicameral legislative (representative) body - by a joint resolution of both chambers.

The decision of the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) on the appointment of a representative in the Federation Council from the executive body of state power of the constituent entity of the Russian Federation shall be formalized by a decree (resolution) of the highest official of the constituent entity of the Russian Federation ( the head of the supreme executive body of state power of the constituent entity of the Russian Federation). The decree (resolution) is sent to the legislative (representative) body of state power of the constituent entity of the Russian Federation within three days and comes into force if, at a regular or extraordinary meeting of the legislative (representative) body, two-thirds of the total number of its deputies do not vote against the appointment -niya of this representative.

The election (appointment) of all members of the Federation Council in accordance with the new Federal Law was basically completed no later than January 1, 2002. At the same time, newly elected (appointed) representatives work in the chamber only on a permanent basis.

The Federation Council elects from among its members the Chairman of the Federation Council, his first deputy and deputies who preside over meetings and are in charge of the internal regulations of the chamber. In addition, the Chairman of the Federation Council E.S.Stroyev, who terminated his powers, was elected as an honorary Chairman of the Federation Council (this title is for life). E.S.Stroyev, as well as the Chairman of the Federation Council of the first convocation V.F.Shumeiko, have been assigned special seats in the conference room of the Federation Council and work premises in the building of the chamber, special certificates and badges have been issued, they are endowed with the right of an advisory vote and some others rights.

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

The committees and standing commissions of the Federation Council are permanent bodies of the chamber. All members of the Federation Council, with the exception of the Chairman of the Federation Council, his first deputy and deputies, are members of the committees. A member of the Federation Council can be a member of only one committee of the chamber, while the committee must include at least 7 members of the Federation Council. The composition of the committee, commission is approved by the chamber. The following committees and standing commissions have been established and operate in the Federation Council:

· Committee of the Federation Council on constitutional legislation;

· Committee of the Federation Council on legal and judicial issues;

· Committee of the Federation Council for Federation Affairs and Regional Policy;

· Committee of the Federation Council on issues of local self-government;

· Committee of the Federation Council on Defense and Security;

· Committee of the Federation Council on the budget;

· Committee of the Federation Council on financial markets and money circulation;

· Commission of the Federation Council for interaction with the Accounts Chamber of the Russian Federation;

· Committee of the Federation Council on international affairs;

· Committee of the Federation Council for the Commonwealth of Independent States;

· Commission of the Federation Council on the Rules of Procedure and Organization of Parliamentary Activities;

· Commission of the Federation Council on the methodology of exercising the constitutional powers of the Federation Council;

· Committee of the Federation Council on social policy;

· The Federation Council Committee on Youth Affairs and Sports;

· The Federation Council Committee on Economic Policy, Entrepreneurship and Property;

· Committee of the Federation Council on industrial policy;

· Commission of the Federation Council on natural monopolies;

Federation Council Committee on natural resources and environmental protection;

· Committee of the Federation Council on agrarian and food policy;

· Committee of the Federation Council for the North and Indigenous Peoples;

· Commission of the Federation Council on information policy;

· Commission of the Federation Council for control over the provision of activities of the Federation Council.

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

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

3. The order of work of the Federation Council

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

Sessions of the Federation Council are held in the city of Moscow, from January 25 to July 15 and from September 16 to December 31, and are open. By decision of the Federation Council, the place of the sittings may be changed, and a closed session may also be held.

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

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

A federal law is considered approved by the Federation Council if more than half of the total number of members of the chamber voted for it, and a federal constitutional law is considered adopted if it is approved by a majority of at least three quarters of the vote. In addition, a federal law that is not subject to mandatory review is considered approved if the Federation Council has not considered it within fourteen days. In the event that a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to revolving consideration by the State Duma and the Federation Council.

In addition, the jurisdiction of the Federation Council includes:

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

Approval of the decree of the President of the Russian Federation on the introduction of martial law or a state of emergency;

Resolution of the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

Appointment of elections of the President of the Russian Federation;

Removal of the President of the Russian Federation from office;

Appointment of judges to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Of the Arbitration Court Russian Federation;

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

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

In a number of federal laws, the Federation Council is entrusted with other powers that are not provided for in the Constitution of the Russian Federation.

The Federation Council, just like every member of the Federation Council, has the right to initiate legislation.

On matters of jurisdiction of the Federation Council, the chamber, by a majority vote of the total number of members of the Federation Council, unless otherwise provided by the Constitution of the Russian Federation, adopts resolutions.

The Federation Council adopts, in which the bodies and the procedure for the work of the Federation Council, the participation of the chamber in legislative activities, the procedure for considering issues attributed to the jurisdiction of the Federation Council are determined in detail.

CONCLUSION

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

· The Federation Council, together with the State Duma, participates in the development of bills, consideration of laws and decision-making on them;

· In order to exercise the right to legislative initiative, the Federation Council independently develops draft federal laws and Federal constitutional laws.

But, according to the Chairman of the Federation Council S.M. Mironov, the main goal of the Federation Council is to strengthen the "federal model of state-legal self-organization of Russia, the unity of its political, socio-economic and cultural space."

List of used literature and sources

1. The Constitution of the Russian Federation. M., "Legal Literature", 1993.

2. Federal Law of August 5, 2000 No. 113-FZ "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" // Collected Legislation of the Russian Federation, 2000, No. 3336

3. State law of the Russian Federation. / Ed. Kutafina O.E. M .: - 1996

  • V1: Socio-political and economic development of the Soviet Union in the 50-80s.
  • Boron municipal councils are legally headed by municipalities.
  • The struggle of the Bolshevik party for the consolidation of Soviet power. Peace of Brest. VII Party Congress.
  • Struggle for leadership in the Soviet state in 1953 - 1957
  • The struggle of the RCP (b) against opposition journalism. Expansion of Soviet periodicals (the appearance of the newspapers Gudok, Poornota, Izvestia of the People's Commissariat for Military Affairs, etc.).

    • It includes two representatives from each constituent entity of the Federation: one from the representative and one from the executive body (178 people in total).

    The exclusive powers of the Federation Council are defined in Art. 102 of the Constitution. The jurisdiction of the Federation Council includes: approval of changes in borders between subjects of the Federation; approval of presidential decrees on the introduction of martial law and a state of emergency; resolving the issue of the possibility of using the Armed Forces outside the territory of Russia; appointment of presidential elections; his removal from office; appointment of judges of the Constitutional, Supreme and Supreme Arbitration Courts, appointment of the Prosecutor General, as well as the Chairman of the Accounting Chamber and half of its auditors. These powers are under the exclusive jurisdiction of the Federation Council. The Accounts Chamber is formed to exercise control over the execution of the federal budget from among the deputies of the Federation Council and the State Duma.

    Legislative powers constitute another group of powers of the Federation Council. They are manifested in the following: within 14 days, the chamber can consider and approve or reject a law adopted by the State Duma. According to Art. 105 federal law is also considered approved by the Federation Council if it has not been considered by the Federation Council within 14 days. However, in Art. 106 of the Constitution provides a list of issues, laws on which are subject to mandatory consideration by the Federation Council. These include laws on the federal budget, federal taxes and fees, currency, financial, credit, customs regulation, money issue; ratification and denunciation of international treaties

    Section 10 Federation Council 161

    Russia; war and peace. All federal constitutional laws are also subject to mandatory consideration by the Federation Council.

    And, finally, the third group of powers of the Federation Council is the powers of self-organization. The operating procedure and structure of the Federation Council are established by the Constitution of the Russian Federation and federal laws. However, decisions and regulations adopted by the Federation Council itself are of particular importance, where organizational and procedural issues are regulated in very detailed and specific terms, but, unfortunately, even these rather voluminous acts cannot be foreseen for everything.

    The structure of the Federation Council. It cannot be called simple: the Chairman of the Federation Council and three of his deputies are elected, committees are formed, commissions can also be created, whose activities are of a temporary and very specific nature, the apparatus of the chamber. The chairman and his deputies are elected and dismissed from their posts by a decision of the Federation Council adopted by a majority vote of the total number of deputies of the Federation Council.

    The order of work of the Federation Council. The activities of the Federation Council are based on the principle of collectivity. Discussion of the issues under consideration and decision-making on them are free and open. In cases stipulated by the Rules of Procedure, the chamber has the right to hold a closed session. By decision of the chamber, representatives of state bodies may be invited to its meetings, public associations, scientific institutions, independent experts, scientists, specialists to provide the necessary information and opinions on the issues and laws under consideration. Representatives of the media, deputies of the State Duma may also attend the meetings. The President, a representative of the Government, the chairmen of the Constitutional, Supreme and Supreme Arbitration Courts, as well as the Prosecutor General have the right to attend any open or closed session of the chamber.

    A meeting of a chamber is considered competent if attended by at least 2/3 of the total number of members of the Federation Council.

    The sessions are chaired by the Chairman of the Federation Council, who is not entitled to express his own opinion on the merits of the issues discussed, comment on speeches, or characterize the speakers.

    Federation Council structure includes 2 representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies of state power (Article 95 of the Constitution of the Russian Federation).

    The term of office of representatives of the constituent entities of the Russian Federation in the Federal Assembly is not legally established, they are constantly reappointed by the top officials of the respective constituent entities of the Russian Federation, therefore, this term, as a rule, is equal to the term of office of the head of the represented constituent entity of the Russian Federation.

    Since the Federation Council does not have a clearly established number of members, the composition of the Federation Council is flexible and new representatives of the authorities of the constituent entities of the Russian Federation are constantly appointed.

    The structure of the Federation Council: 1) the Chairman of the Federation Council and his deputies (they are elected by the members of the chamber and cannot represent the same constituent entity of the Russian Federation); 2) committees of the Federation Council on certain issues of the activities of the Federation Council (their number cannot be less than 10 people, and all members of the chamber must be included in one of the committees); 3) permanent (according to regulations and parliamentary procedures) and temporary (on any particularly significant issue or event) commissions. The Chairman of the Federation Council presides over the sessions of the Chamber of the Federal Assembly and manages the internal schedule of activities, as well as submits bills to the State Duma and performs representative functions of the chamber in relations with other authorities of the Russian Federation and foreign states.

    Competence is the scope of powers of state bodies and officials established by the Constitution of the Russian Federation and federal laws.

    The competence of the Federation Council of the Russian Federation is the scope of powers and duties established by the Constitution of the Russian Federation.

    The Federation Council is the upper chamber of the Federal Assembly of the Russian Federation, therefore its main function is to approve (disapprove) the federal laws adopted by the State Duma.

    Other powers of the Federation Council of the Federal Assembly of the Russian Federation: 1) appointment and dismissal of higher officials of the state: 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 Prosecutor General of the Russian Federation, as well as the Chairman of the Accounts Chamber, etc .; 2) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside its borders; 3) approval of the Decrees of the President of the Russian Federation on the introduction of a state of emergency and martial law on the territory of the Russian Federation; 4) approval of changes in the boundaries of the constituent entities of the Russian Federation; 5) submission of bills or amendments to laws to the State Duma of the Russian Federation; 6) the appointment of elections for the President of the Russian Federation; 7) dismissal of the President of the Russian Federation from office.