Expand the essence of the status of the Federation Council of the Russian Federation. Council of Federation of the Russian Federation: status, formation and organizational construction, work order. Recommended list of dissertations
A comparative analysis of foreign experience on the device of national parliaments shows that with all the diversity of approaches and factors determining the solution of this issue of state-building, a number of sustainable trends and patterns are characteristic of the general vector of development of constitutional states can be distinguished.
The Constitutional and Legal Institute of Dumptiness (bikamelism) after a certain crisis received overall recognition as an integral sign of developed democracy since the 70s of the 20th century. Over the past thirty years, the number of two-chamber parliaments has increased by one and a half times and today reached 67, and this system has been adopted by almost all countries of the world, as the most developed both in terms of a democratic device and economically.
With the development of the decentralization processes (deconcentration) of state power vertically and the approximation of the forms of political and territorial unit of unitary and federated states, integration and consolidation of the interests of the regions, as well as their representation in the formation and implementation of national policies, were one of the main destinations of the Upper Chamber of the National Parliament.
Taking into account the current trends of the last time, the classical idea of \u200b\u200bthe purpose of the Upper House of Parliament as an element of the separation system of the authorities has undergone certain changes. In the overseas theory and practice of constitutionalism, a sustainable idea was formed that the Upper Chamber of the National Parliament plays a triune role in the system of government bodies. Including:
performs the function of the element that ensures the quality of solutions taken by the chambers of parliament, their influence and relative independence from the political situation;
is, along with the lower chamber of parliament, significant and sufficiently independent element of the system of checks and counterweights in the central government;
reflects (practically in the sole) at the national level of government, the political and territorial structure of the country and represents the slice of the interests of the territorial communities (in contrast to the lower chamber, reflecting the slice of the interests of social layers and groups, largely represented by political parties).
A constitutional legal position can also be considered a stable consideration, in accordance with which the upper chamber of parliament is one of the main guarantors and mechanisms for ensuring the stability and continuity of power, the sequence in implementing the strategic component of national policies.
This quality is determined by the principles and procedures and functioning of the upper chambers in the world practice: the limited political effect on the formation of the Chamber's composition and the "soft" mechanism of its rotation, the impossibility of dissolution (in 48 countries out of 67), giving (in 15 countries) Chamber of Chamber The status of the second or third official in the state, in a significant number of cases (12) replacing the head of state with the impossibility of fulfilling its last authority.
In general, the constitutional law status of the Federation Council corresponds to the indicated global trends.
The role and place of the Upper Chamber in Parliament is defined as the composition of its exceptional powers and the peculiarities of the distinction and the procedure for the implementation of the authorities of the chambers in the field of their joint competence. The main one in the Federal Assembly includes:
consideration of proposals for the revision of the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation, the adoption of the laws of the Russian Federation on amendments to the provisions of Chapters 3-8 of the Constitution of the Russian Federation;
adoption of federal constitutional laws and federal laws;
the implementation of parliamentary control over the use of budgetary funds and state ownership, the formation of the Accounts Chamber of the Russian Federation and the appointment of its auditors for this purpose;
implementation of the procedure for deregistration of the President of the Russian Federation.
Legislative competence is a set of powers of the Federation Council to participate in the legislative process - forms in accordance with the modern constitutional and legal practice of democratic states the main part of the competence of this chamber of the Russian Parliament.
As part of its legislative competence, the Federation Council participates in the adoption of federal legislative acts of various types. These include:
laws of the Russian Federation on amending the Constitution of the Russian Federation; In this case, there are in mind the changes and additions to the chapters 3-8 of the Russian Constitution, which are not affecting the content of the foundations of the constitutional system and the constitutional legal status of a person and a citizen; This group of powers can also be considered the consideration of proposals for the revision of chapters 1, 2 and 9 of the Constitution of the Russian Federation;
federal Constitutional Laws are laws taken only on issues directly provided by the Constitution of the Russian Federation and having a higher legal force in relation to other federal laws;
federal laws; In this case, the authority of the Federation Council on the ratification and denunciation of international treaties, as well as a significant part of the authority, theoretically relating to the financial competence of the Parliament, may be given to legislative, since in accordance with Russian legislation, the ratification of international treaties, the approval of the federal budget and the report of the Government of the Russian Federation on His execution, taxation is carried out by adopting special federal laws.
The volume and forms of the implementation of the legislative powers of the Federation Council are determined by the legislative procedure, that is, officially established and regulated legislation and other legal acts, the procedure for making draft laws to the State Duma, consideration of draft laws and the adoption of laws by the chambers of the Federal Assembly, as well as their signing and publication by the President of the Russian Federation. Legislative procedure, and consequently, the participation in it of the Federation Council have certain features depending on the type of acts taken.
First, the upper (second) chamber should provide a representative office of regional interests in the adoption of national legislation.
Secondly, the Upper Chamber is an integral element of the in-Parliamentary system of checks and counterweights, preventing the adoption by the Parliament insufficiently suspended decisions and monitors the preliminary control of the constitutionality and quality of the laws taken.
In accordance with these principles, the Constitution of the Russian Federation provides that federal laws on major issues of public life are subject to compulsory consideration by the Federation Council. These issues include: federal budget, federal taxes and fees, financial, currency, credit, customs regulation, monetary emission, ratification and denunciation of international treaties of the Russian Federation, status and protection of the state border of the Russian Federation, issues of war and peace. The same applies to the procedures for adopting the laws of the Russian Federation on amending the Constitution of the Russian Federation, as well as federal constitutional laws.
In addition, the Federation Council has the right to decide on the appropriateness of the official definition of its position and in other federal laws. In practice, he considers the absolute majority of the laws adopted by the State Duma. It can be assumed that with the transition of members of the Federation Council to work on a permanent basis of the situation, when the law adopted by the State Duma was considered to be approved by the upper chamber "by default", they will be completely excluded.
According to the significance of the solutions of the upper chambers for the further fate of laws, all parliaments are divided into two groups - with a "weak" and "strong" upper chamber. The "weak" Upper Chamber has the right of only the undencing veto - its negative decision can delay the final adoption of the law by Parliament, but not prevent him. In the system with the "strong" upper chamber, the law can be adopted by Parliament only with the consent of both chambers.
As for the Council of the Federation, it can be assumed that it is endowed with the "weak" authority in relation to all federal laws, including the laws subject to its mandatory consideration, since the Wedset of the Council of the Federation for such laws may be overcome by the State Duma qualified by a majority vote. At the same time, the Federation Council is a "strong" chamber regarding constitutional laws: its approval is mandatory for adoption by the Federal Assembly of the Russian Federation on amending the Constitution of the Russian Federation, as well as federal constitutional laws. A similar situation takes place in re-adopting federal laws rejected by the President of the Russian Federation, by overcoming the federal assembly of the presidential veto by both chambers.
Depending on the stages of the legislative process, the legislative powers of the Upper Chamber are classified for the authority to implement the right of the legislative initiative and the authority to form the text of the adopted law.
As a subject of law of legislative initiative, the Federation Council has the widest opportunities. First of all, there is the right to enter into the State Duma projects of federal and federal constitutional laws (which are endowed with the Federation Council as a whole and individual members), as well as proposals for amendments and revision of the provisions of the Constitution of the Russian Federation, including - in the form of projects The Laws of the Russian Federation on amending the Constitution (on behalf of the Chamber in general or a group of no less than one fifth of its members). It should also be borne in mind that legislative (representative) bodies of subjects of the Russian Federation are entitled. In this way, from 723 subjects of the law of the legislative initiative, more than one third are at the federal level the interests of the subjects of the federation, and neither nature nor the status of their legislative initiative is limited.
The laws of the legislative initiative, representing the interests of Russian regions, are actively using this right. Practice shows that their activity on making bills to the federal parliament has a tendency to increase.
Another, also an important form of manifestation of the law of the legislative initiative of the Council of the Federation is to amend the text of the bill during its consideration by the State Duma. All those listed above are the interests of the interests of the subjects of the Russian Federation have the right to contribute to the State Duma: suggestions and comments on the concept of the draft law when it is considered in the first reading; Amendments to the text when considering the bill in the second reading.
In addition, members of the Federation Council and official representatives of the legislative bodies of the constituent entities of the Russian Federation may take part in the work of the Committees of the State Duma in the preparation of draft laws by this Chamber.
In general, such am to the representation of the interests of the subjects of the Russian Federation in the procedure for the implementation of the law of the legislative initiative at the federal level should be assessed as a manifestation of the most democratic trends in world practice.
The legislative powers of the Upper Chamber on the direct formation of the text of the adopted law should be considered in two aspects. The first aspect is the possibility of changing the text when it passes through the upper ward itself. The second aspect is the ability to defend its position when coordinating the uncompanying positions of the chambers.
From the point of view of the content of work on the draft law (law), two main types of legislative procedure differ in the upper chamber.
The so-called "shuttle" procedure (USA, Great Britain, France, etc.) consists in a consistent and multiple passage of the bill of each of the chambers, where work for its consideration and change text is based on the same or similar procedure. The process of adoption of the law by Parliament is completed when making each of the Text Chambers in an identical edition. In order for the process to be completed during an acceptable time frame, various methods are used: either the solution of one (usually lower) chamber is considered having a higher strength (Spain), or the process can be completed on the initiative of the third party, such as government (France), or the question It is made to a joint meeting of the Chambers (India). The most common way is to create a parliamentary conciliation commission of the two chambers of parliament (USA).
In the Federal Assembly, the Russian Parliament is used in a fundamentally different type of legislative procedure, in which the Federation Council (Upper Chamber) is deprived of the right to independently change the text of the law adopted by the State Duma (Lower Chamber). He is entitled only to accept one of three solutions: approve the text, after which the law is considered to be adopted by the Parliament as a whole; reject the law in connection with the principled disagreement with its conceptual provisions, after which the Duma can only relieve the law with further consideration, or (if it is not about constitutional law) to overcome the veto of the Federation Council qualified (2/3) by a majority of votes; Reject the law with the wording of the necessary amendments to its text and contact the State Duma proposal to establish a conciliation commission chambers for joint discussion of the disagreement and search for a mutually acceptable option. The closest analogue of such a procedure is the organization of interaction between the Bundesrath and Bundestag in Germany.
Of course, such a role of the upper chamber can be considered as a certain "weakness" of its legislative powers. However, as shown above, this "weakness" of the Federation Council compensates for the strengthening of other components of legislative competence.
Regardless of whether the binary Parliament "Shutch" or unidirectional procedure for passing the draft law (law) is used between the chambers, an extremely large role in overcoming emerging differences has conciliation commissions of two Parliament chambers. They can act on an ongoing basis or to be created on a temporary basis for working on a specific bill. The decision taken by such a commission may have different strength: in some cases, the decision of the Commission is a recommendatory nature and must be approved (or rejected) by the Chambers (France, Russia); In other cases, the Commission is administered to make a final decision on the law, after which the act is sent to the head of state for signing and publishing (USA). The procedure for delegation to the commission of representatives of the Chambers and the procedure for adopting the final decisions are also distinguished.
General in all cases is the parity principle of the formation of the Commission and its main purpose: ensuring the unity and effectiveness of the actions of parliament as a holistic institution of state power.
Experience shows that the mechanism of conciliation commissions of the State Duma and the Council of the Federation meets its destination.
So, for 2005-2006 (The period of operation of the State Duma of the second convocation) Duma passed 1036 laws. In 88 percent of cases, these laws were reached by both chambers of the Federal Assembly, including 73 percent of cases a tripal consent was achieved between the Duma, the Federation Council and the President of the Russian Federation - the laws entered into force in the editorial board approved by both chambers. Options for the possible fate of laws, according to which the consent was reached between the chambers of the Federal Assembly of the Russian Federation are presented in Figure 1.
Fig. one.
A (64%) - laws approved by the Federation Council, signed and published by the President of the Russian Federation without deviations
B (13%) - laws rejected by the Federation Council, but subsequently accepted by the chambers in the agreed editorial board
In (6%) - laws adopted by the chambers in the agreed editorial board after their rejection by the President of the Russian Federation
G (4%) - laws for which, after rejecting by the President of the Russian Federation, both chambers overcame the presidential veto
D (13%) - laws approved by the Federation Council, but for which disagreements with the President of the Russian Federation were subsequently not overcome
Statistical data exhibit the following patterns in the interaction of the chambers of the Federal Assembly. Firstly, a high degree of final performance of the joint work of the Federation Council and the State Duma, secondly, the high authority of the position of the Federation Council and, thirdly, is the high performance of conciliation procedures between the chambers in cases where they are used.
The constitutional status of the Federation Council form legal norms (institutions) contained in the Constitution of the Russian Federation, other regulatory acts and characterizing its position as an independent structural unit of the Federal Assembly of the Russian Federation, as well as establishing its competence.
The constitutional status of the Federation Council (elements) of the Federation Council also includes legal institutions that enshrine: the procedure for the formation of the Federation Council; status of a member of the Federation Council; self-organization powers, i.e., the formation of individual internal bodies, election or appointment of officials leading to the other structure of the Federation Council; Rules and procedures for the work of the Federation Council.
Describing the constitutional status of the Federation Council, it should be borne in mind that the norms of the Constitution define only the overall framework of its powers and the order of activity. Constitutional establishments regarding the functioning and activities of the Federation Council, in federal laws, regulations, decrees of the Council of the Federation, other legislation, are specified. According to the Federal Law "On the procedure for the formation of the Council of the Federation of the Federal Assembly of the Russian Federation", the Council of Federation consists of two representatives from each subject of the Russian Federation: the head of the legislative (representative) and the head of the executive bodies of state power, by office. The Constitution of the Russian Federation was adopted by a popular vote on December 12, 1993, the official publication of M JUDE LIT, 1997 64, so, the Federation Council consists of 178 representatives of 89 constituent entities of the Russian Federation. From the point of view of the subject line, the Federation Council is a chamber designed to reflect the Federal Device of the Russian Federation and take into account the interests of its subjects. Such a model is similar to the German system for the formation of the Bundesrat - the Upper Chamber of Parliament of the Federal Republic of Germany, which is formed by representation from land, and not through elections. It is assumed that the interests of the regions may be better taken into account. Therefore, among the fundamental tasks of the Federation Council - coordination of the interests of the Federation with the interests of each subject; Creating such a situation so that the benefit of the country as a whole did not turn into damage for its individual parts; elimination of contradictions between the constituent entities of the Russian Federation, on the one hand, and the federal center, on the other, etc.
In the hierarchy of elements of the constitutional status of the Council of the Federation, the norms regulating its competence are of particular importance. According to Art. 102 of the Constitution of the Russian Federation, relevant legislative standards for the management of the Federation Council apply:
- 1) approval of changes in the boundaries between the constituent entities of the Russian Federation;
- 2) approval by the Decree of the President of the Russian Federation on the introduction of military situation;
- 3) approval by the Decree of the President of the Russian Federation on the introduction of a state of emergency;
- 4) the decision of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
- 5) the appointment of the election of the President of the Russian Federation;
- 6) the depreciation of the President of the Russian Federation from office;
- 7) appointment to the position of judges of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation, Vice-Chairman of the Supreme Court of the Russian Federation, members of the Presidium of the Supreme Court of the Russian Federation, Judges of the Supreme Court of the Russian Federation, Chairman of the Supreme Arbitration Court of the Russian Federation, Vice-Chairman of the Supreme Arbitration Court of the Russian Federation, judges of the Supreme Arbitration Court of the Russian Federation, judges of the Economic Court of the Commonwealth of Independent States;
- 8) appointment and liberation from the position of the Prosecutor General of the Russian Federation, the First Deputy Prosecutor General of the Russian Federation and Deputy Prosecutor General of the Russian Federation;
- 9) appointment for the position and liberation from the post of Deputy Chairman of the Accounts Chamber of the Russian Federation and half of the composition of its auditors;
- 10) appointment for the position and exemption from the post of members of the Central Election Commission of the Russian Federation;
- 11) consideration of issues of foreign policy and inter-parliamentary cooperation;
- 12) Consultations on the appointment and recall of diplomatic representatives;
- 13) Preparation, consideration and adoption of the appeal of the Council of the Federation to the Constitutional Court of the Russian Federation. Constitution of the Russian Federation adopted in a nationwide voting December 12, 1993, the official edition of M JUIDE LIT, 1997 64
The Constitution of the Russian Federation also contains other establishments regarding the competence of the Federation Council, its legislative, internal organization, work procedure, the status of a member of the Federation Council.
Federal Maritime and River Transport Agency
Federal State Educational Institution
Maritime State University
aDMIRAL named after Admiral Nevelsky
Department of Document Studies
ESSAY
Council of the Federation of the Russian Federation: status, formation and organizational construction, work order
Completed: 2nd year student
Accepted: Ph.D., Professor
Vladivostok.
Introduction .......................................................................................... ... 3
1. Status of the Federation Council and its members ....................................................... 4
2. Formation and organizational construction ....................................... ... 5
3. The procedure for the work of the Federation Council ...................................................... ..9
Conclusion ....................................................................................... 11.
List of used literature and sources .................................... ... 12
Introduction
Legislative power is the right and opportunity to issue common regulations of state values \u200b\u200bthat have the most common nature, i.e., establish rules that determine the basis for socially significant behavior and activities of individuals and legal entities, citizens, officials, bodies and institutions States, public unite. Legislative power is considered as the expression of the will of the entire people (although in fact it is not always so), his interests, folk sovereignty.
Legislative power is carried out primarily by a national representative body having a generalized name "Parliament".
In the Russian Federation, after the adoption of the 1993 Constitution, the Fed-rally Assembly as the Parliament of the Republic, consisting of the Federation Council and the State Duma, came to replace the "two-stage" mechanism of sense of state authorities of the Russian Federation, which included the congress of people's deputies and the Supreme Congress Council.
The Federation of the Russian Federation, often referred to as the upper chamber, consists of members representing all the subjects of the Russian Federation. The Federation Council is designed to express the interests of locality, regional opinions and aspirations. At the same time, the Society of the Federation is the state body of the whole Federation. His decisions and other will are addressed not to those or other subjects of the Russian Federation, but by the state as a whole, i.e. all Russia.
1. 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 - representative and legislative organ-on 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 a subject of law of legislative initiative.
The Federation Council independently solves issues related to its Verification by the Constitution of the Russian Federation, federal constitutional intensive and federal laws, including on the strengthening of the Federal Lizma, State Security and Personnel Policy.
The Federation Council acts 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 have an inviolable in the entire period of their powers. They cannot be detained, arrested, exposed to being searched, except for cases of detention on the spot, as well as subjected to personal inspection, except when it is provided for by federal law to ensure the safety of other people.
In addition, the status of a member of the Federation Council is regulated by the federal incon-horse "On the status of a member of the Federation Council and the Status of the State Duma Deputy of the Federal Assembly of the Russian Federation", followed by change.
2. Formation and organizational construction
The Federation Council in accordance with Part 2 of Article 95 of the Constitution of the Russian Federation includes two representatives from each subject of the Russian Federation: one from the representative and executive bodies of the state authorities.
The procedure for the formation of the Council of the Federation until August 8, 2000 was determined by federal law of December 5, 1995 No. 192-FZ "" (Meeting of the legislation of the Russian Federation, 1995, No. 50, Art. 4869): The Chamber consisted of 178 representatives of the constituent entities of the Russian Federation - chapters of laws (representative) and heads of executive bodies of state power (by position). All members of the Federation Council combined the fulfillment of the observance in the ward of the Federal Parliament with duties in the relevant subject of the Russian Federation.
On August 8, 2000, the new Federal Law of August 5, 2000 No. 113-FZ "" (meeting of the legislation of the Russian Federation, 2000, No. 32, Article 3336) came into force. Now the Chamber consists of representatives elected by legislative (representative) state authorities of the constituent entities of the Russian Federation, or appointed by the senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state authorities of the constituent entities of the Russian Federation). The term of office of such representatives is determined by the term of authority of bodies who have chosen or appointed, but the powers of representatives may be terminated ahead of time to choose (appointed) by its body in the same order in which he was elected (appointed) member of the Federation Council. A member of the Council of the Federation can be elected (appointed) a citizen of the Russian Federation not under 30 years old, possessing in accordance with the Constitution of the Russian Federation Pra-B elected and be elected to state authorities.
The candidates for the election of the representative of the Federation Council on the legislative (representative) authority of the public authority of the subject of the Russian Federation are made to consider this body by its chairman, and in the two-challenging legislative (representative) authority - alternately by the chambers of the chambers. At the same time, a group of deputies with a number of at least one third of the total number of deputies can make alternative candidates. The decision to elect a representative from the legislative (representative) authority is prone to secret voting and is issued by the decision of the said organ-at, and the two-challenging legislative (representative) authority - a joint decree of both chambers.
The decision of the Supreme official of the subject of the Russian Federation (RU-Podrier of the Supreme Executive Body of the Public Authority of the constituent entity of the Russian Federation) on the appointment of a representative in the Council of the Federation from the IS-Consumer Authority of the State of the constituent entity of the Russian Federation is issued by the Decree (Resolution) of the Supreme Officer of the Syan Federation's Subject ( Head of the Supreme Executive Body of the State of the Subject of the Russian Federation). Decree (Resolution) in three-day period is sent to the legislative (representative) body of the state authority of the constituent entity of the Russian Federation and enters into force if at the next or extraordinary meeting of the legislative (representative) body of two thirds of the total number of its deputies vote against appointment "This representative."
The election (appointment) of all members of the Council of the Federation in accordance with the new federal law was mainly completed no later than January 1, 2002. At the same time, the newly elected (designated) representatives work in the ward only on an ongoing basis.
The Federation Council elects from its composition of the Chairman of the Council of the Federation, its first deputy and deputies, who lead meetings and are vied by the inland chamber. In addition, Chairman of the Council of the Federation E. S. Stroyev, who has ceased his authority, elected the honorary chairman of the Council of the Federation (this title is lifelong). E. S. Stroyev, as well as the chairman of the Federation Council of the first convocation V. F. Sockeyko allocated special places in the hall of the Council of Federation and the Working Rooms in the building of the House, special certificates and breastplates were issued, they are endowed with the right of a deliberative voice and some other rights.
The Federation Council forms committees, permanent and temporary commissions from among the members of the Chamber. The Federation Council is entitled to create, abolish and reorganize any committees and commissions.
Committees and regular commissions of the Federation Council are the permanent authorities of the Chamber. All members of the Federation Council, with the exception of the President of the Federation Council, his first deputy and deputies, are part of the committees. Member of the Federation Council may be a member of only one chamber committee, and at least 7 members of the Federation Council should be included in the Committee. The composition of the Committee, the Commission is approved by the Chamber. The Council of Federation formed and the following committees and permanent commission are formed:
· Committee of the Federation Council on constitutional legislation;
· Committee of the Federation Council on Legal and Trials;
· Committee of the Federation Council for Federation and Regional Policy;
· Committee of the Council of the Federation on local self-government;
· Committee of the Council of the Federation for Defense and Security;
· Committee of the Federation Council on the budget;
· Committee of the Federation Council on Financial Markets and Money Earnings;
· Commission of the Federation Council on cooperation with the Accounts Chamber of the Russian Federation;
· Committee of the Federation Council on International Affairs;
· Committee of the Council of the Federation for the Commonwealth of Independent Gos-Darisia;
· Commission of the Federation Council for the Regulations and the organization of parliamentary activities;
· Commission of the Federation Council on the methodology for implementing the constitutional powers of the Federation Council;
· Committee of the Council of the Federation for Social Policy;
· Committee of the Federation Council on Youth and Sport;
· Committee of the Council of the Federation for Economic Policy, Business and Property;
· Committee of the Federation Council on Industrial Policy;
· Commission of the Federation Council on natural monopolies;
· Committee of the Council of the Federation for Natural Resources and Environmental Protection;
· Committee of the Council of the Federation for Agricultural Food Policy;
· Committee of the Council of the Federation on the Affairs of the North and Minoric Peoples;
· Commission of the Federation Council for Information Policy;
· Commission of the Federation Council to control the activities of the Federation Council.
Committees and regular commissions of the Federation Council have equal rights and carry equal responsibilities for the implementation of constitutional powers of Pala-You: carry out the preparation of conclusions on the adopted State Duma and transferred to the Federation Council to federal laws, as well as on federal constitutional laws; Develop and preliminarily consider bills and projects of other regulatory legal acts, or-ganishes the holding of parliamentary hearings, etc.
The activities of temporary commissions are limited to a certain period or specific tasks.
3. The procedure for the Federation Council
The Federation Council is a permanent body. Its meetings are held as needed, but at least two times a month. Meetings of the Federation Council are the main form of the chamber. They pass differently from the meetings of the State Duma, with the exception of the hearing of the Glasses of the President of the Russian Federation or the Constitutional Court of the Russian Federation, the speeches of the heads of foreign countries.
Meetings of the Federation Council are held in the city of Moscow, in the period from 25 Jan-Vary on July 15 and from September 16 to December 31, and are open. According to the decision of the Federation Council, the venue of the meetings can be changed, as well as a closed meeting can be held.
The powers of the Federation Council are determined by the Constitution of the Russian Federation. The main function of the Chamber is the implementation of legislative powers. The procedure for consideration by the Federation of federal constitutional laws and federal laws, respectively, approved or accepted by the State Duma is determined by the Constitution of the Russian Federation and the Regulations of the Federation Council.
Commit to consideration in the Council of the Federation, federal laws on issues: federal budgetage; federal taxes and fees; financial, currency, credit, tamo-feminine regulation, monetary emissions; ratification and denunciation of between-national treaties of the Russian Federation; status and protection of the state border of the Russian Federation; Wars and the world.
The federal law is considered approved by the Federation Council, if more than half of the total number of members of the Chamber voted, and the Federal Constitutional Law is considered adopted if it is approved by a majority of at least three quarters of votes. In addition, the federal law not subject to compulsory consideration is considered approved if during the fourteen days the Federation Council did not consider it. In the event of the deviation of the Federal Law, the Council of the Federation of the Chamber can create a conciliation commission to overcome the disagreements that have arisen, after which the Federal Law is subject to a raid consideration by the State Duma and the Federation Council.
To the management of the Federation Council, in addition, belong:
Approval of changes in the boundaries between the constituent entities of the Russian Federation;
Approval by the Decree of the President of the Russian Federation on the introduction of a military or state of emergency;
Resolving the issue of the possibility of using the Armed Forces of the Ros-Syan Federation outside the territory of the Russian Federation;
Appointment of presidential elections of the Russian Federation;
Decision of the President of the Russian Federation from office;
Appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;
Appointment and liberation from the position of the Prosecutor General of the Russian Federation;
Appointment and release from the post of Deputy Chairman of the Accounts Chamber and Half of its auditors.
In a number of federal laws on the Federation Council, other half-nomoca are assigned to the Federation, not provided for in the Constitution of the Russian Federation.
The Federation Council, as well as each member of the Federation Council, has the right of legislative initiative.
For the management of the Council of Federation of the House by a majority of votes from the total number of members of the Council of the Federation, unless otherwise provided by the Constitution of the Russian Federation, adopts decrees.
The Federation Council adopts, in which the bodies and procedure for the work of the Federation Council, participation of the Chamber in legislative activity, the procedure for the consideration of issues related to the management of the Council of Fe-Deraction are determined.
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 implement the right of legislative initiative, the Federation Council independently develops drafts of 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 "federated fashion-whether state-legal self-organization of Russia, the unity of its political, socio-economic and cultural space."
List of used literature and sources
1. Constitution of the Russian Federation. M., "Legal literature", 1993.
2. Federal Law of August 5, 2000 No. 113-FZ "On the Avodka Formation of the Council of the Federation of the Federal Assembly of the Russian Federation" // Meeting of the legislation of the Russian Federation, 2000, No. 3336
3. Public law of the Russian Federation. / Ed. Kutafina O.E. M.: - 1996
The Federation Council is the Upper Chamber of the Federal Assembly (Parliament of Russia), comprising, according to the Russian Constitution, 2 representatives from each subject of the Russian Federation - one by one from the representative and executive bodies of state power.
According to Article 102 of the Constitution of the Russian Federation, referring to the Council of Federation:
· Approval of changes in the boundaries between the constituent entities of the Russian Federation;
· Approval of the decree of the President of the Russian Federation on the introduction of military situation;
· Approval of the decree of the President of the Russian Federation on the introduction of emergency
· Appointment of elections of the President of the Russian Federation;
On issues related to its maintenance by the Constitution of the Russian Federation, the Federation Council adopts decrees that are taken by a majority vote from the total number of members of the Federation Council, unless otherwise decision-making procedure is not provided for by the Constitution of the Russian Federation.
In the field of lawmaking, the Federation Council occupies a subordinate role in relation to the State Duma. Any laws are first brought to the State Duma, and only after the approval of the Lower Chamber comes to the Council of Federation.
When considering the laws adopted by the State Duma, the Federation Council has no right to amend the amendment, or can either approve or reject the law as a whole. The Federal Law is considered to be approved by the Federation Council, if more than half of the total members of this Chamber voted for it or if it was not considered by the Federation Council for fourteen days.
Circumstances excluding the crime of the act and the limits of their legitimacy.
Circumstances excluding the crime of acts are the conditions recognized by the criminal law under which the acts formally containing the signs of the objective side of the crime provided for by the criminal law are not entitled to criminal liability.
34. Criminal responsibility
Criminal liability is one of the types of legal liability.
Legal responsibility is inextricably linked with the state, the norms of law, the duty and unlawful behavior of citizens and their associations. The state, publishing the norms of law, determines the legal responsibility of the subjects, regardless of their will and desire, it is of a state-forced nature.
In contrast to moral responsibility, legal liability is characterized by the presence of state coercion. A characteristic feature of such coercion is that this activity itself is strictly regulated by law, has its own legal framework.
Subjects of legal liability on the one hand are the state in the person of state bodies and officials (court, prosecutor's office, police, various administrative bodies, etc.), on the other hand, individuals and their associations are. The state in these legal relations always acts as a subject of empowered authority.
Legal responsibility has the following main signs:
· Legal responsibility acts as a legal relationship between the state in the person of its special bodies and the offender;
· Legal responsibility is expressed in certain negative consequences for the offender in the form of personal, property, organizational and physical deprivation;
· Legal responsibility is always settled by regulatory legal acts;
· Legal responsibility is embodied in strictly established by law;
· Legal responsibility comes for a perfect offense.
Criminal liability is inherent in all of the above signs. However, criminal liability has a number of features that distinguish it from other types of responsibility (administrative, civil-legal, disciplinary responsibility).
These features are expressed as follows:
· Criminal liability on behalf of the state applies only strictly defined bodies (court, prosecutor's office, consequence, inquiry);
· Criminal liability is expressed in the most stringent, but strictly defined species of negative consequences (criminal penalties) for the offender;
· Criminal liability is established exclusively by the norms of the Criminal Code;
· Criminal liability is embodied in the manner prescribed by the norms of criminal procedure legislation, the slightest retreat of which leads to misunderstanding the application of criminal liability;
· Criminal liability comes for a perfect act, which in the special part of the Criminal Code is defined as a crime.
Thus, criminal liability is a legal relationship between the state in a person in a person of strictly defined bodies and an individual who committed a particular part of the Criminal Code, as a crime and expressed in applied to the perpetrator in a strictly established procedural procedure of state coercion (criminal punishment) .
Criminal liability is implemented in the form:
· Attracting criminal liability;
· Appointments of punishment;
· Performance of punishment;
· Criminal record.
The basis of criminal liability. The vocational legislation of the Russian Federation establishes that the basis of criminal liability is to commit an act containing all the signs of the composition of the crime provided for by the Criminal Law (Art. 8 of the Criminal Code of the Russian Federation).
An objective basis for criminal liability is not any act by an individual, but only a socially dangerous, which encroaches public relations to the criminal law.
At the same time, the criminal legislation of the Russian Federation, categorically rejects objective imputation and recognizes the possibility of the onset of responsibility only when the person has committed a socially dangerous act guilty, that is, intentionally or by negligence. Consequently, the guilt of the person in the commission of a crime is subjective founding of criminal liability.
Objective and subjective bases of responsibility make it possible to establish that this person made a socially dangerous act. Therefore, for criminal liability, it is required to establish a legal basis, which in accordance with Art. 8 of the Criminal Code is the presence in the deeds of all signs of the composition of the crime.
Under the composition of the crime is a combination of certain signs (elements), in the presence of which the perfect socially dangerous act is recognized as a crime. Such mandatory features include: the object of the crime, the objective side of the crime, the subject of the crime, the subjective side of the crime.
The object of the crime is the public relations that have developed in society, the interests and benefits protected by criminal law, which encroaches this or another criminal encroachment. The objective side characterizes the external manifestation of socially dangerous encroachment on the object protected by criminal law, expressed in action or inaction. The subject of the crime recognizes the physical accumulated person who has committed a socially dangerous act, provided for by the special part of the Criminal Code, which has reached the law of criminal responsibility established by the law. The objective side characterizes the internal, mental attitude of the person to the deed and coming consequences. In more detail, all these elements of the composition will be discussed in the future.
Only the composition of the crime contains objective and subjective grounds for attracting criminal responsibility. The presence of all the signs of the composition of the crime is strictly necessary. The absence of at least one of them eliminates the possibility of attracting a person to criminal liability.
types of criminal penalties
Punishment - Measure of state coercion, provided for by the Criminal Code, applied by the court sentence on behalf of the state to the person recognized as guilty of committing a crime.
Punishment applies to restore social justice, as well as to correct the convicted and prevention of the commission of new crimes.
The Criminal Code of the Russian Federation consists of 13 types of punishment, which is divided into two groups: the main (used independently) and additional (used only in combination with basic), as well as measures used as both major and additional measures.
Mandatory work, corrective work, restriction on military service, restriction of freedom, arrest, content in the disciplinary military unit, imprisonment for a certain period, life imprisonment, the death penalty is applied only as the main types of sentences.
The penalty and deprivation of the right to hold certain positions or to engage in certain activities are used as both major and additional types of sentences.
The deprivation of a special, military or honorary title, class, and state awards apply only as additional types of sentences. The confiscation of property is excluded from the list of types of punishment and today applies as a different measure of a criminal law.
The penalty is a monetary penalty appointed within the limits provided for by the Criminal Code of the Russian Federation.
The essence of the fine is to infringe the property interests of the person responsible for the crime.
The determination of the fine size is provided in two ways:
in the form of a certain amount of money (from 2.5 thousand rubles to 1 million rubles);
in the form of salary or other income convicted in a certain period (from two weeks to five layers).
It has important practical importance, since the punishment is equally repressive with respect to various segments of the population.
In case of malicious evasion of the payment of the fine, appointed as the main penalty, it is replaced within the sanction provided for in the articles of the special part of the Criminal Code of the Russian Federation (part 5 of Art. 46).
The concept of malicious evasion of the payment of a fine was determined by the criminal executive law: a convicts not paid for maliciously evaded from payment, which did not pay the penalty or part of the fine on the time set by Part 1, 3 of Art. 32 PEC RF.
The deprivation of the right to occupy certain positions or to engage in certain activities is to ban the post office in the public service, in local governments or to deal with certain professional or other activities.
Under the conviction, for the commission of a serious or especially grave crime, taking into account the personality of the guilty court, it can be deprived of its special, military or honorary title, a classy rank and state awards.
Mandatory work consist in fulfilling the time of free socially useful work convicted in the free of main work or study. The type of mandatory work and objects on which they are being implemented are determined by local government agencies in coordination with criminal executive.
The peculiarities of the type of punishment are:
obligation of work;
performance of work only in free from the main work or study time;
free work for the convicted person;
determination of the type of work and objects where they are departed, local governments in coordination with criminal inspections.
With regard to convicts, maliciously evaded obligatory work, the criminal executive inspection sends an idea of \u200b\u200bthe replacement of compulsory works by another point of punishment in accordance with Part 3 of Art. 49 of the Criminal Code of the Russian Federation.
Correctional work is appointed by a convicted person who does not have the main place of work, and are departed in places defined by the local government in agreement with the authority acting punishment in the form of correctional work, but in the area of \u200b\u200bthe residence of the convicted person.
In case of malicious evasion from serving the sentence of a person convicted of correctional work, the Court can replace an unnecessary part of the punishment by restricting freedom, arrest or imprisonment at the rate of one day of restriction of freedom in one day of correctional work, one day of arrest in two days of correctional work, one day imprisonment in three days of correctional work (part 4 of Art. 50 of the Criminal Code of the Russian Federation).
The military service constraint consists in improving the possibility of improving the position and military rank of convicted military personnel overgoing military service under the contract, with simultaneous retention of the state of the state of their monetary satisfaction (Article 51 of the Criminal Code of the Russian Federation).
During serving restrictions on military service, a convicted person cannot be increased in office, military rank, and the period of punishment is not counted on the service life for assigning the next military rank (part 2 of Art. 51 of the Criminal Code of the Russian Federation). The military service restriction is scheduled for a period of three months to two years, and when replacing the military personnel of correctional work, appointed for committing crimes not related to military service, restriction on military service - for a period of two months to two years. If, taking into account the nature of the perfect crime and other circumstances, a convicted soldier cannot be left as a position related to the leadership of subordinates, he moves to another position as within the military unit, and in connection with the transfer to another part, or in connection with the relevant commander of the Military Part Terrain (Art. 145 PEC RF).
The restriction of freedom lies in the content of the convicted person who has reached the time of sentencing of 18 years of age, in a special institution without isolation from society under the exercise of supervision (part 1 of Art. 53 of the Criminal Code of the Russian Federation).
In case of malicious evasion of the convictedation from serving the restriction of freedom, it is replaced by imprisonment for the period of limitation of freedom appointed by the court sentence. At the same time, the time of serving the restriction of freedom is counted within the period of imprisonment at the rate of one day of imprisonment in one day of the restriction of freedom (part 4 of Art. 53 of the Criminal Code of the Russian Federation).
The arrest lies in the content of the convict in the conditions of strict isolation from society and is established for a period of one to six months. In case of replacing mandatory work or correctional work, it can be appointed for a period of less than one month.
The arrest is not appointed to persons under the age of 16 years of age, as well as pregnant women and women who have children under 14 years old.
The content in the disciplinary military unit is appointed servicemen undergoing military service, as well as servicemen undergoing military service under the contract for the positions of the ordinary and sergeant composition, if at the time of the sentence of the sentence did not serve as established by the law of service. This punishment is set for a period of three months to two years.
The deprivation of freedom lies in the isolation of the convicted of society by sending it to the colony-settlement, the premises in an educational colony, a medical correctional institution, a correctional colony of a common, strict or special regime or imprisoned.
The deprivation of liberty is set for a period of two months to 20 years.
In the case of partial or complete addition, the deadlines for imprisonment of crimes, the maximum deprivation period cannot be more than 25 years, and for the aggregate sentences - more than 30 years.
Lifetime imprisonment is established only for the commission of particularly serious crimes encouraging for life, as well as for the commission of particularly serious crimes against public security.
Lifetime imprisonment is not appointed to women, as well as persons who committed crimes under the age of 18, and men who have reached the age of 65-year-old sentence.
The death penalty as an exclusive measure of punishment can be established only for especially grave crimes encouraging for life. Currently, in Russia there is a moratorium on the death penalty until 2010. The Constitutional Court of the Russian Federation with its decree dated February 2, 1999 No. 3-P established that before the creation of jury courts in all constituent entities of the Russian Federation, the death penalty could not be appointed by any court Russian Federation.
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Introduction
The study of the legal status is greater importance in modern legal science, as the parliamentary law does not stand still, the legislation constantly appear important novels affecting the basic rights and obligations of the parliamentarian. In Russia, the process of finding the optimal model of the functioning of the main elements of the new Russian statehood is underway, this process aims to find such forms of organization of these elements that would have the opportunity to unite all the constructive conditions aimed at strengthening and increasing the capacity of government institutions. The form of the implementation of democracy in the Russian Federation is one of the qualitative characteristics of the modern democratic state and the most important object of the study of legal science under construction, on the understanding of the role and place of organs of the national representation in the political system, the status of deputies and elected officials.
One of the most important destinations of the Constitution of the Russian Federation consists of organizing a system of state authorities, through which the state exercises its functions.
The constitutional legal status of the state authority is characterized by a number of major features that distinguish it from many other bodies, organizations, institutions that may be included in the state power mechanism, but state authorities are not.
Federation of the Federation - the Upper Chamber of the Russian Parliament - is a special institution of the state, which combines its legislative activities with the work on strengthening the federal principles and unity of the Russian Federation, allows to solve the most complicated economic, social and political tasks based on coordination of the interests of the Federal Center and the constituent entities of the Russian Federation, with accounting for the features of all Russian regions.
For the first time in the history of the Russian state, there is a representative power structure in the country, actually providing for each subject of the federation, regardless of its status, equal representation, equal voice and equal rights to participate in decision on any issue enshrined at the Federation Council. None of the republics, none of the edge or region, are not infringed compared to others.
The purpose of this study is to study the constitutional and legal status of members of the Council of Federation of the Federal Assembly of the Russian Federation.
Based on the goal, the objectives of the study are:
1. Studying the role and place of the Federation Council of the Federal Assembly of the Russian Federation in the structure of the Russian Parliament;
2. Study of the basic functions of the Federation Council;
3. Studying the constitutional status of the members of the Federation Council.
To achieve the goal in the process of work, regulatory sources are used, publications in periodicals, monographs, as well as educational literature on this topic.
1. The Federation Council in the structure of the Russian Parliament.
The Russian Parliament - the Federal Assembly consists of two chambers: Federation Council and the State Duma. This constitutional position is formulated in Part 1 of Art. 95 of the main law of the country. It led to a fundamentally new political and legal situation when it is necessary to have with two independent formations of the Federal Assembly, whose role will significantly differ. The nature of the Federation Council is such that it allows us to talk about two values.
Firstly, This is the Federal Constitutional Body of Russia, expressing its federal-state character. Reflecting the opinions and interests of the subjects of the Federation, the Upper Chamber received the unofficial, but completely well-deserved status of the "Chamber of Russian Regions", through which the subjects participate in federal lawmaking and the management of the country. This is the essence of the federal component of the nature of the Federation Council. Another part of it is that the Upper Chamber of the Russian Parliament is the state body of the whole Federation. Its acts are directed not to individual subjects, but to the entire state, the Russian Federation as a whole.
Secondly, The Federation Council appears in the form of an internal division of the Federal Assembly of Russia, which implements representative, legislative, control and other functions established by the Constitution.Thus, being the federal state body, the Federation Council at the same time acts as part of the All-Russian Parliament.
In the modern theory and practice of Russian federalism, "the two-price of the Federal Assembly is the fundamental basis for real federalism, designed to expand the rights and independence of the people." one
The Federation Council is intended to perform a specific constitutional function - it is a counterweight of the lower chamber. The focus of the parliamentary government in the hands of the Sung Chamber is regarded as a political risk from which effective protection is required. Proving the usefulness of the institution by the American Constitution of the Diapalar Parliament, J. Madison and A. Hamilton noted that the need for the Senate points to the inclination of all legislative assemblies to succumb to sudden outbreaks of turbulent passions, and, going about the crazy supremes, to take non-well-thought-out disrections. 2.
The separation of the Federal Assembly contributes to balancing the legislative power, in this sense the Council of the Federation acts as an element of the inparament system of "checks" and "counterweights". According to the expression of B. L. Vishnevsky, in modern Russia, which decided to implement a similar model, to the "legislative engine" in the person of the State Duma put "legislative brake" in the form of the Federation Council. 3.
Thus, the Federation Council expresses the federal nature of the state system of Russia, connects into a single interests of the federal center and regions. At the same time, the Federation Council is an organ that provides internal balance of chambers in the structure of the Federal Assembly.
2. The main functions of the Federation Council.
2.1. Examples of the basic functions of the parliaments of foreign countries.
Executive, legislative and control functions are inherent in the parliaments of any states, and in the case of their two-challenging organization, they are projected into both chambers in different proportions, emphasizing their various political and legal purpose. Accordingly, the functions of the Federation Council are derived from the functions of the Federal Assembly.
It is well known that legislative, representative and control functions are fundamental areas of parliamentary activities. Others add to them very often: taxation, which is especially characteristic when considering the status of the UK Parliament; participation in the formation of state bodies; budget adoption; Judicial and some others. Without questioning the significance of legislative, representation and control functions, various researchers prefer one of this triad, putting it in first place.
So, Waid and Phillips, pointing to the functions of the English Parliament, the main thing is to control the executive authorities. Then, according to their version, a legislative function follows, and then the block called "different functions". It includes judicial functions; Petition acceptance; Establishment of the Investigative Committee to investigate any case having state importance; ideas about the displacement of officials. 4 B.S. Wings, explaining why British lawyers prefer the function of controlling the government, indicates that this tradition arising from the views of the bourgeois politicians of the nineteenth century. It was then that by them was formulated by the task facing the parliament - the implementation of control, limiting the abuse of executive. five
German authors of Klein and V. Tseie, the name of the functions of the tasks of parliament, are called the following: legislation; formation of other organs; political opacity and control over the government; Representation of the nation. The central place of parliament, in their opinion, is to form state will. They explain it by the factor in the permanent competition of parliament and other organs of the Federation for the prestige and influence in society. 6.
The author's team under the leadership of Professor B. A. Stasmy, it believes that the main function of the parliament in the system of separation of the authorities is to implement the legislative power. In addition, Parliament controls the executive power. 7 I. A. Alebastrova, lawmaking, representation and control calls the most important functions of parliaments. eight
Such a lot of judgments find an explanation. Historical and political traditions, scholar preferences, scientific structures determine the priority of some functions over others. With regard to Russia, it should be solved in such a way, as the Constitution of the Russian Federation suggests. In her art. 94 established: Parliament of the Russian Federation is a representative and legislative body. Therefore, the first function of the Russian parliament is representative, further legislative and control functions. In this order, they are extrapolated to the Federation Council of the Federal Assembly.
Thus, the main functions of parliament: representative, legislative and control, expressing the sovereign will of the people are transferred to the Federation Council and the State Duma. Moreover, the Federation Council performs a special deterrence function of the lower chamber.
2.2. Executive function of the Federation Council.
Article 94 of the Constitution of the Russian Federation recognizes the Federal Assembly with a representative body of state power, carrying out the relevant executive function. The structure of the Federal Assembly, consisting of two chambers, reflects the multidimensional nature of the national representation. At the same time, the State Duma expresses the representation of the population, hence its informal characteristic - the People's Chamber. The Federation Council, in turn, ensures the representation of the subjects of the Federation.
The Russian Constitution directly does not directly enshrine these qualities of the Upper Chamber of the Federal Assembly, in contrast to a number of foreign countries. The representative nature of the federal assembly has different forms of manifestation. The State Duma personifies the direct representation of the population. The Federation Council personifies the special form of representation - territorial. Federation Federation - participant in the system of relations of mediated national representation.
2.3. Legislative function of the Federation Council.
The legislative function of the Federation Council is expressed: in the right of the legislative initiative belonging to this chamber and its members in accordance with Part 1 of Art. 104, Art. 134 of the Constitution of Russia; constitutional law to consider federal laws adopted by the State Duma, followed by deciding on their approval or deviation (part 3, 4th. 105); His participation in the procedure for overcoming the disagreements between the chambers of the Federal Assembly in connection with the rejection of the Federation Council adopted by the State Duma of the Federal Law (Part 4 of Article 105 of the Constitution); Mandatory consideration of the upper chamber of the list of federal laws on issues established by Art. 106 constitutions; The procedure for re-consideration of the Federal Law, rejected by the President of the Russian Federation and approved by the State Duma in the previously adopted edition in accordance with the procedure of Part 3 of Art. 107 of the Basic Law; adoption of federal constitutional laws (part 2 of article 108); Consideration and adoption of the Law of the Russian Federation on amendment to the Constitution of the Russian Federation (Article 108, 136).
In addition to the constitutional norms, the legislative activities of the Federation Council are determined by the norms of its regulations. In accordance with Art. 104 Members of the Federation Council are entitled to organize the discussion of the Federal Law in the Federation's constituent entities and if there are comments to the law, send them to the Committee (Commission) of the Chamber responsible for consideration of this legislation. The constitutional parameters of the legislative activities of the Federation Council differ little from the relevant establishments addressed to the top chambers of the parliaments of other states. The existence of two chambers attaches great sustainability to legislation. Such a parliamentary structure is an obstacle for early changes in laws, since each bill should be subjected to another discussion in the upper chamber. With its institution is calculated on the fact that the adopted law will be more perfect. It was similarly similar ways that the need for the second chamber J. Madison and A. Hamilton were explained. From their point of view, the Senate is designed to compensate the flaw associated with the insufficient acquaintance of elected deputies with the tasks and principles of legislation. nine
2.4. Control function of the Federation Council.
The control functions of the Federation Council almost did not receive reflections in the Constitution of Russia. The same applies to the State Duma. Summing up the constitutional provisions of Part 5 of Art. 101, Art. 102, it is possible to determine the main directions of the control of the Federation Council. This is a fiscal control carried out by both chambers of the Federal Assembly with the help of the Accounts Chamber formed in the order of Part 5 of Art. 101 constitutions; Control over the activities of the executive power to which the establishment contained in PP can be attributed. "B", "B", "D", "E" of paragraph 1 of Art. 102 constitutions; control over the field of public administration related to the implementation by the Council of the Federation of Personnel Appointments (PP. "F", "s", "and" paragraph 1 of Art. 102 of the Basic Law); Control in the field of foreign policy that allows the Federation Council to address the possibility of using the Russian Armed Forces outside the territory of our country (PP. "G", paragraph 1 of Art. 102).
In more detail, the control powers are presented in current legislation developing constitutional prescriptions. We are talking, for example, about the Federal Constitutional Law of December 17, 1997 "On the Government of the Russian Federation", the Federal Law of January 10, 1996 "On External Intelligence", the Federal Law of May 27, 1996 "On State Protection", Federal Law On May 8, 1994, as amended from July 5, 1999, "On the status of a member of the Federation Council and the Status of the State Duma of the Federal Assembly of the Russian Federation", etc.
These acts, the regulatory norms of the Federation Council define the forms of parliamentary control: a deputy request, the appeal of the deputy; obtaining and disseminating information; Answers to members of the Government to the questions of the Federation Council; parliamentary hearings; Conducting "government hour". Thus, in the practice of the Federation Council, both collegial and individual forms of parliamentary control are applied.
At one time, J. Madison called the top chamber of parliament with saving control over the government. "With its presence, he wrote," the safety of the people becomes more reliable. " The political and parliamentary practice of many years have not changed the importance of the control function of the Parliament. Its implementation remains one of its main appointments.
2.5. The restraint function of the lower chamber.
The best way, found so far, to avoid, as far as possible, parliamentary tyranny, is to create two meetings whose joint work is necessary to register laws and budget and which thus limit each other.
The Federation of the Federation of the Federal Assembly has absorbed foreign constitutional experience, both regulatory and doctrinal. The first is revealed in borrowing some provisions: on the increased age centers of the members of the Federation Council; fewer numerical composition of this chamber; The impossibility of its dissolution and self-sector, etc. The doctrinal experience is expressed in the dissemination of the Federation to the Council of the consistency of the State Duma, which was reflected in constitutional standards (the right of the Federation Council to approve or reject the federal laws adopted by the Lower Chamber; be sure to consider federal laws on the most significant issues ).
So, the Federation Council performs four main functions: representative, legislative, control, as well as the specific function of holding down the lower chamber of parliament. These functions are manifested through a set of powers of the Federation Council, enshrined in Art. 101, 102, 104-108, 134, 136 of the Constitution of Russia, various federal laws.
3. Constitutional legal status of members of the Federation Council.
3.1. The procedure for the formation of the Federation Council.
The constitutional legal status of the Federation Council of the Federal Assembly is made up of the set of constitutional standards characterizing its position in the system of state authorities and includes the following elements:
1. Legal norms that determine the procedure for the formation of the Federation Council;
2. Legal norms that establish the competence of the Federation Council;
3. Legal standards governing the internal structure and the procedure for the Council of the Federation of the Federal Assembly. eleven
The procedure for the formation of the Federation Council Until August 8, 2000, No. 192-ФЗ "On the procedure for the formation of the Council of the Federation of the Federal Assembly of the Russian Federation" was determined by the Federal Law of December 5, 1995: 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 authorities (by position). All members of the Federation Council combined the fulfillment of duties in the House of Federal Parliament with duties in the relevant subject of the Russian Federation. 12
On August 8, 2000, a new Federal Law of August 5, 2000 No. 113-ФЗ "On the procedure for the formation of the Council of the Federation of the Federal Assembly of the Russian Federation" came into force. 13 Now the Chamber consists of representatives elected by legislative (representative) state authorities of the constituent entities of the Russian Federation, or appointed by the senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of the state power of the constituent entities of the Russian Federation).
The term of office of such representatives is determined by the term of authority of bodies who have chosen or appointed, but the powers of representatives may be terminated ahead of time to choose (appointed) by its body in the same order in which he was elected (appointed) member of the Federation Council.
3.2. Chairman of the Federation Council, First Deputy Chairman of the Federation Council and Deputy Chairman of the Federation Council.
The Federation Council is headed by the Chairman of the Federation Council, who is elected from among the members of the Federation Council by secret ballot. It is necessary for his election in order for it more than half of the total number of members of the Federation Council voted. Along with the Chairman, the Federation Council elects vice-chairmen. The order of election is settled by the Regulations of the Federation Council. The regulations of the Federation Council establishes that the chairman and his deputy cannot be representatives from one subject of the Russian Federation.
The chairman of the Federation Council is endowed with numerous powers that can be divided into organizational and representative. The chairman of the Federation Council convenes and conducts meetings of the Chamber, leads to an oath of persons appointed as judge of the Constitutional Court of the Russian Federation and the Prosecutor General of the Russian Federation, seeks the internal regulation of the Chamber's activities, signs the Council of the Federation Council, distributes the obligations between the first deputy and deputies, coordinates the work of the committees And the Commissions of the Federation Council, implements the general leadership of the Federation Council and controls its activities, represents the Chamber in relations with the federal state authorities, the state authorities of the constituent entities of the Russian Federation, local governments, public associations, as well as with the parliaments of foreign states, international organizations, state and public figures of foreign states; Participates in conciliation procedures used by the President of the Russian Federation in accordance with Part 1 of Article 85Constitution Of the Russian Federation to resolve disagreements between the federal government bodies and the state authorities of the constituent entities of the Russian Federation, as well as between the state authorities of the constituent entities of the Russian Federation, sends federal laws adopted by the State Duma to the Committees of the Federation Council, which are supposed to be made to the State Duma as a legislative initiative, etc.
The first deputy (deputy) chairman of the Council of the Federation replaces the Chairman in his absence (and in the absence of the first deputy), on behalf of the Chairman of the Council of the Federation submits the Council of the Federation reports on the activities of the Chamber and the draft program of its bill work, signs the decisions of the Chamber, issues orders, presents awarded The Honorary Sign of the Federation Council of the Federal Assembly of the Russian Federation "For merits in the development of parliamentarism" and the Certificate of Honor of the Council of Federation of the Federal Assembly of the Russian Federation, other powers are carried out on the internal regulations of the Chamber's activities.
- Committees and regular commissions of the Federation Council.
At present, the following committees are formed in the Federation Council:
- under constitutional legislation;
on legal and judicial issues;
on federates and regional policies;
on local government;
on defense and security;
by budget;
in financial markets and money circulation;
on international affairs;
in cases of the Commonwealth of Independent States;
on social policy and health care;
by education and science;
on economic policies, entrepreneurship and property;
on industrial policy;
by natural resources and environmental protection;
on agrarian-food policy and a fisheries complex;
on the affairs of the north and small peoples;
- and regular commission:
- in cooperation with the Accounts Chamber of the Russian Federation;
on the regulations and the organization of parliamentary activities;
for young people and tourism;
on natural monopolies;
according to information policies;
on control over ensuring the activities of the Federation Council;
on national maritime politics;
by culture;
on housing policies and housing and communal services;
on the development of institutions and civil society;
in physical culture, sports and development of the Olympic movement.
etc.................