Constitutional status of the Federal Assembly of the Russian Federation. Constitutional foundations of the Federal Assembly of the Chamber of the Federal Assembly

Federal Assembly RF: constitutional status and structure. Parliament of the Russian Federation is the Federal Assembly of the Russian Federation, it is the highest representative and legislative body of the Russian Federation Art. The Federal Assembly carries out legislative power in the Russian Federation, regardless of other state authorities of the Russian Federation. The Federal Assembly consists of two chambers: 1 of the Federation Council consists of 2 representatives from each subject of the Russian Federation: one is a representative of the legislative authority of the subject of the Russian Federation and the other - executive; 2 State Duma in its composition ...

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73. Federal Assembly of the Russian Federation: constitutional status and structure.

Chairman Fed. Meetings in the Russian Federation is, Matvienko Valentina Ivanovna. The highest legislative power in the state carries out parliament.Parliament - that's representative organ Countries endowed with authority to implement the legislative power in the state and personifying it.Parliament of the Russian Federation - This is the Federal Assembly of the Russian Federation, it is the highest representative and legislative body of the Russian Federation (Art. 94 of the Constitution of the Russian Federation). The Federal Assembly carries out legislative power in the Russian Federation, regardless of other state authorities of the Russian Federation.

The Federal Assembly consists oftwo chambers: 1) Federation of the Federation (it includes 2 representatives from each subject of the Russian Federation: one is a representative of the legislative authority of the subject of the Russian Federation, and the other - executive); 2) State Duma (deputies are elected to its composition by universal open voting).

Members of the Federation Council and deputies of the State Duma have a special status of representatives of the people.Principles Their activities: 1) The principle of the "imperative mandate" (i.e., the obligation to execute voter compassion and statements to them); 2) the principle of "free mandate" (i.e., free of its will without influence from any authority or an official).

Features of the Federal Assembly of the Russian Federation: 1) The Federal Assembly is a collegial body consisting of representatives of the population; 2) This is the highest legislative body in the Russian Federation, i.e., the acts of the Federal Assembly and the laws, which they received should comply with only the Constitution of the Russian Federation, with respect to all other regulations, these acts have the highest legal force.

Principles of activity Federal Assembly of the Russian Federation: 1) The procedure for the formation and competence of the Chambers of the Federal Assembly are established by the Constitution of the Russian Federation; 2) The Federal Assembly is a representative of the people of Russia and defends its interests; 3) The Federal Assembly is the only body with the right to adopt the state budget and control over its execution; 4) Presidential elections are appointed by the Federal Assembly.

The main function of the Federal Assembly is the adoption (Lower Chamber) and approval (upper chamber) of federal constitutional and federal laws.

Federal Assembly of the Russian Federation implements: 1) Order federal means state treasury (takes federal budget and monitors its execution); 2) control over the executive power.

The powers of the Federal Assembly include the production of the procedure for deregulating the President of the Russian Federation from office on the basis of the conclusion General Prosecutor RF about the presence of a crime in the actions of the President of the Russian Federation and the procedure for the announcement of the Vomum Dumbfish of the Government of the Russian Federation, as well as monitoring judicial authority By giving consent to the appointment of judges of the highest state courts of Russia.

Federal Assembly Regardless of Your Case, but His Lower Chamber(State Duma of the Russian Federation) may be dissolved by the President of the Russian Federation In cases: 1) a three-time disapproval by the Federal Assembly of the candidacy of the Chairman of the Government of the Russian Federation proposed by the President of the Russian Federation; 2) Announcements "Votuma disbelief" by the Government of the Russian Federation, with whom the Russian President did not agree twice.

1. The Federal Assembly - Parliament is a representative and legislative body of the Russian Federation. Federal Assembly, consisting of two chambers of the Federation Council and the State Duma, is a representative nationwide federal Institution. The Russian parliament is a representative body of the entire multinational people of the Russian Federation, all its components - subjects, is intended to express the will, to implement sovereignty, the interests of the people, reflect the opinion of the subjects of the federation.
The representative nature of the Federal Assembly is due to the procedure for the formation of his chambers. The Federation Council is representatives of the subjects of the Federation - two from each of them: one from the representative, and the other from the executive body of the state power of the subject of the Federation. Such representatives of the subjects are the heads of executive and legislative (representative) bodies of these subjects. Thus, members of the Council of Federation express the interests of the subjects of the Federation, their population living there, nations, regional features and problems.
The nationwide elections of the State Duma deputies also determine its representative nature, provide a reflection in its activities a variety of political views, interests of different social layers and groups, population of various territories, ideological manifold, political pluralism.
The representative nature of the Federal Assembly is also manifested in the composition of deputies of the State Duma. Among them are representatives of many nations, peoples, ethnic groups inhabiting our country, different seats of society, political organizations, professions, carriers of various ideological views, religious views. The demographic structure of the population finds some reflection in their composition: there are men and women, people of different age groups. At the same time, it should be remembered that the interests and opinions of social, professional, demographic, ethnic groups can be represented in parliament not only the faces to them belonging to them. This can do other people. So, the interests of workers, peasants can express not only themselves, but also, for example, professional politicians, civil servants, the opinions of women are men, etc. Plenipotentiary representatives of the people who can express its common interests and interests, the opinions of the compounds of its parts, parliamentarians become as a result of the elections on which voters have expressed confidence in them, their programs, political installations.
The composition of this chamber is a fairly pronounced party character. Here is a wide range of political forces. The Deputy Corps embodies political pluralism and ideological manifold, referred to in Art. 13 of the Constitution of the Russian Federation.
The representative nature of the State Duma is also manifested in establishing a certain period, after which (or even earlier, with the early dissolution of this chamber), new elections are held, and the composition of deputies is updated. This contributes to the timely accounting of new needs, opinions, people's moods.
The Federal Assembly, being a representative institution, is the most important institution of representative democracy. Parliaments in the modern state are the necessary elements of the system of democracy. They act as national political forums, which presents the influential political forces of society, the diversity of ideological views, various political programs. In the Democratic Parliament there is a clash of various political views, economic directions, social PolicyOn the basis of democratic procedures, decisions express the position of most parliamentarians are developed and are made.
2. The Federal Assembly personifies the legislative power of the Russian Federation, carries out a legislative function on the scale of all Russia, including the federal budget laws, carries out parliamentary control. The legislative body of the Russian Federation, at the same time, does not have comprehensive competence, should not be replaced by the bodies of the judicial and executive power, go beyond the competence of the Russian Federation and interfere with the questions under which the subjects of the Federation independently carry out all the completeness of the authorities. The constitutional status of the Federal Assembly reflects the principle of separation of the authorities, as well as such a principle federated Device Russia, as a distinction of items and powers between the state authorities of the Russian Federation itself and the authorities of its subjects. In relations with other structures of power, the Federal Assembly acts as an independent legislative body, carrying out functions peculiar to parliaments. It is legally not subject to any state body, including the president, government.
The Federal Assembly, being a representative body of the legislative authority of the Russian Federation, occupies an influential situation in the system of state bodies, is actively interacting with other federal government bodies.
The relationship between the Federal Assembly with the President of the Russian Federation is very significant. He participates in the legislative process, signs the laws, make them up and possesses them, as already mentioned, the right of veto, can unwind State DumaBut only in the cases defined by the Constitution of the Russian Federation (Article 111, 117), appoints the election of this chamber. The head of state, possessing large real powers, effective means of influence on the activities of the Chambers of the Federal Assembly, however, it is obliged to comply with the laws, has no right to replace the federal assembly.
Constitutional provisions directly aims the president and the Federal Assembly on cooperation. Decisions on a number of issues are accepted by chambers on the submission of the President of the Russian Federation, or it is consent to its decision or is approved. Thus, appointments to many public positions are carried out by the chambers (more often by the Federation Council) on the submission of the head of state, or agree to the appointment of them, or they are also consulting with the relevant committees and commissions of the chambers. Thus, state decisions for a number of issues for their adoption require the coordination of the positions of the head of state and parliament, their coordinated actions. Legislative activity also proceeds in close cooperation with the President of the Russian Federation; He is her indispensable participant.
The Federal Assembly plays a significant role in relation to the Government of the Russian Federation - the authority executive Russian Federation. The State Duma participates in the appointment of the Chairman of the Government of the Russian Federation, giving the president to this consent. The Government of the Russian Federation is politically responsible not only to the President of the Russian Federation (although mainly in front of him), and before the State Duma, which can express him distrust.
The Federal Assembly may exercise legislative regulation of the system federal organs legislative, executive and judicial authorities, order of their organization and activity, may regulate general principles Organizations of representative I. executive bodies state power.
Of great importance are the relationship between parliament with the judiciary, independent and subordinate only by the Constitution of the Russian Federation and the law. The Federation Council appoints the highest judges court instanceswhich, however, in the future are not substitute. Constitutional Court Plays an important role in ensuring the constitutionality of laws, it allows cases of conformity of federal laws, regulatory acts of the Constitution of the Russian Federation. They recognized by them unconstitutional acts, including laws or their individual provisions, are lost.
Federal Assembly, carrying out regulation, taking laws, mandatory for all state bodies, for the rest of the branches of the authoritative and judicial and judicial, participating in the appointment of their officials, should not disturb their independence, exercise their powers; These organs, officers Not in direct submission of the legislative body. In this way, legal status Russian Parliament on the current Constitution of the Russian Federation, its position in the state mechanism differ from legal status Representative higher Organ With the Soviet form of statehood, which was characterized by the idea of \u200b\u200bits formal-legal full-fabled, comprehensive competence, accountability and responsibility to other state bodies.

The Federal Assembly - Parliament is the representative and legislative body of the Russian Federation. The Federal Assembly, consisting of two chambers of the Federation Council and the State Duma, is a representative nationwide federal institution. The Russian parliament is a representative body of the entire multinational people of the Russian Federation, all its components - subjects, is intended to express the will, to implement sovereignty, the interests of the people, reflect the opinion of the subjects of the federation. The representative nature of the Federal Assembly is due to the procedure for the formation of his chambers. The Federation Council is representatives of the subjects of the Federation - two from each of them: one from the representative, and the other from the executive body of the state power of the subject of the Federation. Such representatives of the subjects are the heads of executive and legislative (representative) bodies of these subjects. Thus, members of the Council of Federation express the interests of the subjects of the Federation, their population living there, nations, regional features and problems. The nationwide elections of the State Duma deputies also determine its representative nature, reflect in its activities a variety of political views, interests of different social layers and groups, population of various territories, ideological diversity, political pluralism. The representative nature of the Federal Assembly is also manifested in the composition of deputies of the State Duma. Among them are representatives of many nations, peoples, ethnic groups inhabiting our country, different seats of society, political organizations, professions, carriers of various ideological views, religious views. The demographic structure of the population finds some reflection in their composition: there are men and women, people of different age groups. At the same time, it should be remembered that the interests and opinions of social, professional, demographic, ethnic groups can be represented in parliament not only the faces to them belonging to them. This can do other people. So, the interests of workers, peasants can express not only themselves, but also, for example, professional politicians, civil servants, the opinions of women are men, etc. Plenipotentiary representatives of the people who can express its common interests and interests, the opinions of the compounds of its parts, parliamentarians become as a result of the elections on which voters have expressed confidence in them, their programs, political installations. The composition of this chamber is a fairly pronounced party character. Here is a wide range of political forces. The Deputy Corps embodies political pluralism and ideological manifold, referred to in Art. 13 of the Constitution of the Russian Federation. The representative nature of the State Duma is also manifested in establishing a certain period, after which (or even earlier, with the early dissolution of this chamber), new elections are held, and the composition of deputies is updated. This contributes to the timely accounting of new needs, opinions, people's moods. The Federal Assembly, being a representative institution, is the most important institution of representative democracy. Parliaments in the modern state are the necessary elements of the system of democracy. They act as national political forums, which presents the influential political forces of society, the diversity of ideological views, various political programs. In the Democratic Parliament there is a clash of various political views, directions of economic, social policy, on the basis of democratic procedures, decisions are developed and made decisions expressing the position of the majority of parliamentarians. 2. The Federal Assembly personifies the legislative power of the Russian Federation, carries out a legislative function on the scale of all Russia, including the federal budget laws, carries out parliamentary control. The legislative body of the Russian Federation, at the same time, does not have comprehensive competence, should not be replaced by the bodies of the judicial and executive power, go beyond the competence of the Russian Federation and interfere with the questions under which the subjects of the Federation independently carry out all the completeness of the authorities. The constitutional status of the Federal Assembly reflects the principle of separation of the authorities, as well as the principle of the Federal Device of Russia, as the delimitation of objects and powers between the state authorities of the Russian Federation itself and the authorities of its subjects. In relations with other structures of power, the Federal Assembly acts as an independent legislative body, carrying out functions peculiar to parliaments. It is legally not subordinate to any state body, including the president, government. The Federal Assembly, being a representative body of the legislative authority of the Russian Federation, occupies an influential situation in the system of state bodies, is actively interacting with other federal government bodies. The relationship between the Federal Assembly with the President of the Russian Federation is very significant. He participates in the legislative process, signs laws, will provide them with and possesses them, as already mentioned, the right of veto, may early to dissolve the State Duma, but only in the cases defined by the Constitution (Article 111, 117), prescribes the election of this chamber. The head of state, possessing large real powers, effective means of influence on the activities of the Chambers of the Federal Assembly, however, it is obliged to comply with the laws, has no right to replace the federal assembly. Constitutional provisions directly aims the president and the Federal Assembly on cooperation. Decisions on a number of issues are accepted by chambers on the submission of the President of the Russian Federation, or it is consent to its decision or is approved. Thus, appointments to many public positions are carried out by the chambers (more often by the Federation Council) on the submission of the head of state, or agree to the appointment of them, or they are also consulting with the relevant committees and commissions of the chambers. Thus, state decisions for a number of issues for their adoption require the coordination of the positions of the head of state and parliament, their coordinated actions. Legislative activity also proceeds in close cooperation with the President of the Russian Federation; He is her indispensable participant. The Federal Assembly plays a significant role in relation to the Government of the Russian Federation - the body implementing the executive power of the Russian Federation. The State Duma participates in the appointment of the Chairman of the Government of the Russian Federation, giving the president to this consent. The Government of the Russian Federation is politically responsible not only to the President of the Russian Federation (although mainly in front of him), and before the State Duma, which can express him distrust. The Federal Assembly may exercise the legislative regulation of the system of federal legislative, executive and judicial authorities, the procedure for their organization and activities may regulate the general principles of the organization of representative and executive bodies of state power. Of great importance are the relationship between parliament with the judiciary, independent and subordinate only by the Constitution of the Russian Federation and the law. The Federation Council appoints the judges of the highest courts, which, however, in the future are not substitute. The Constitutional Court plays an important role in ensuring the constitutionality of laws, it allows cases of federal laws, regulatory acts of the Constitution of the Russian Federation. They recognized by them unconstitutional acts, including laws or their individual provisions, are lost. Federal Assembly, carrying out regulation, taking laws, mandatory for all state bodies, for the rest of the branches of the authoritative and judicial and judicial, participating in the appointment of their officials, should not disturb their independence, exercise their powers; These organs, officials are not in direct submission of the legislature. Thus, the legal status of the Russian Parliament on the current Constitution of the Russian Federation, its position in the state mechanism differ from the legal status of the representative higher authority in the Soviet form of statehood, which was characterized by the idea of \u200b\u200bits formal-legal fullness, comprehensive competence, accountability and responsibility to other state bodies. .

The Federal Assembly - Parliament of the Russian Federation is a representative and legislative body of the Russian Federation. Constitution of the Russian Federation of December 12, 1993. GL 5 tbsp. 94 // " Russian newspaper", N 7, 01/21/2009

Parliament in accordance with the principle of separation of the authorities, being a body of a nationwide representation, exercises legislative power in the state.

The legal status of the Parliament is determined by the state of the Board existing in the state. The 1993 Constitution has established a federal assembly as a representative body that exercises legislative power in the Russian Federation.

The representative nature of the Federal Assembly lies in the fact that the Federal Assembly is intended to express the interests and will of the people of the Russian Federation. People's Representation is implemented by periodic and free elections. The latter are aimed at identifying the interests of various social groups, the accounting of federative relations, the provision of a peaceful, non-violent transition of public authority from some elected representatives of the Company to others on the basis of the free will of Voters Grankin I. V. Parliament of Russia. - M.: "ConsaltBankir", 1999 - p. 159 - 163 ..

The characteristic of the federal assembly as a legislative body means that the Federal Assembly has the exclusive right to take laws, that is legal acts Higher legal force. No law can enter into force if it is not considered, not approved and not accepted by Parliament. The Federal Assembly has unlimited competence in the field of legislation on issues related to the Constitution of the Russian Federation to the jurisdiction of the Russian Federation and jointly conducting the Russian Federation and its subjects of Baguli M. V. Constitutional law Of the Russian Federation: a textbook for legal universities and faculties. - M.: Norma Infra-M, 2007. - 776 p. - 523 - 530 ..

The Federal Assembly consists of two chambers of the State Duma and the Federation Council of the Constitution of the Russian Federation of December 12, 1993. GL 5 tbsp. 95 // "Russian Gazeta", N 7, 01/21/2009. The State Duma is the Chamber of Nationwide Representation, and the Council of Federation is implemented by the representation of the subjects of the Federation. The two-chand structure of the Federal Assembly implies the independence of the chambers in relation to each other, which is expressed in various procedures for the formation of the State Duma and the Council of the Federation, in various competence of each of the chambers, the Constitution of the Russian Federation of December 12, 1993. GL.5 Art. 102, Art. 103 // "Russian Gazeta", N 7, 01/21/2009 of various roles in the legislative process, in the absence of a unified coordinating body of the Federal Assembly, in a separate manner of the meeting of the Federation Council and the State Duma. Constitution of the Russian Federation of December 12, 1993. GL.5 h. 1 Art. 100 // "Russian Gazeta", No. 7, 01/21/2009 The Constitution of the Russian Federation provides for only three cases when the Federation Council and the State Duma can be collected together: to hear the message of the President of the Russian Federation, the Messages of the Constitutional Court, the speeches of the heads of foreign countries. Constitution of the Russian Federation of December 12, 1993. GL.5 h. 3 Art. 100 // "Russian Gazeta", N 7, 01/21/2009

The work of the Chamber of the Federal Assembly of the Russian Federation is based on the following principles: legality (legitimacy); permanent activity of the chambers; separate work of chambers (except in cases provided for in Part 3 of Art. 100 of the Constitution of the Russian Federation); openness of the work chambers; Colleague work chambers. Federal Council Deputy Council

The constitutional and legal status of the Federal Assembly develops from the aggregate of constitutional standards characterizing its position in the system of government bodies. The constitutional legal status of the Federal Assembly includes the following elements:

• 1. legal normsdefining the procedure for the election of deputies of the State Duma and the formation of the Federation Council;
• 2. Legal regulations establishing the competence of the Federal Assembly;
• 3. Legal standards regulating internal organization and the work of the Federal Assembly.

Read more Aspects and legislative acts, revealing the constitutional legal status of the Federal Assembly and its chambers, we will look at further.

As mentioned above, the Federal Assembly consists of two chambers of the Federation Council and the State Duma, sitting separately and going together only in exceptional cases. Constitution of the Russian Federation of December 12, 1993. Gl.5 of Article 95 and Art. 100 // "Russian Gazeta", N 7, 01/21/2009

At the same time, the separation of the Federal Assembly into two chambers does not lead to the fact that one chamber is recognized as the first, and the other is the second or one lower, and the other is the top. Historically, it was also functionally developed that the first, she is the Lower Chamber - the State Duma, - plays a more significant role in the legislative process. Both chambers make part of the whole whole and in this sense they are equal, but their powers are different. It is worth noting that the main severity in the adoption of federal laws falls at the State Duma (it is from it that the legislative process begins), which is therefore more noticeable in public Life. It is the activities of this chamber more often highlights the media and TV, more discussed in the people of novels P.M. Russian parliamentarism. History and modernity. -M., 2000 ..

These circumstances led to the fact that in unofficial and more and more and official circles, the Federation Council is called and recognize the second chamber, otherwise the Senate. The procedure for the formation of chambers, their competence and peculiarities of activity will be considered separately.

The Russian Parliament is the Federal Assembly of the Russian Federation, it is the highest representative and legislative body of the Russian Federation (Article 94 of the Constitution of the Russian Federation). The Federal Assembly carries out legislative power in the Russian Federation, regardless of other state authorities of the Russian Federation.

The Federal Assembly consists of two chambers:

Council of Federation Cantonal Chamber, unites two representatives from the subject of the Russian Federation (legislative and executive body).

State Duma People's Chamber. 225 people on the lists of political parties + 225 by elections in single-member districts.

The chambers are sitting separately, since they have their own competence. Earlier (until the 93rd year), the Chambers could collect together much more often, since their powers were more similar.

Article 100 establishes cases when chambers can be collected at a joint meeting:

Having heard the annual president's message. This is necessary to save the time of the president, and also because all laws activities are built on the basis of the message.

Honor of the Messages of the Constitutional Court. It also has a direct relation to bill activities, for example, the Constitutional Court recognizes a particular act of unconstitutional, therefore, the chambers now need to make amendments to a number of laws whose norms are reproduced by unconstitutional provisions.

Speeches of the heads of foreign countries.

Presidential oath (this case is not provided for by the Constitution, but it is present in real life).

Members of the Federation Council and deputies of the State Duma have a special status of representatives of the people. Principles of their activities:

The principle of "imperative mandate" (i.e., the obligation to fulfill the compounds of voter and statements to them).

The principle of "free mandate" (i.e., free of its willingness without influence from any authority or official).

The Federal Assembly is the highest legislative body in the Russian Federation: Acts of the Federal Assembly and the laws, they are received, must comply with only the Constitution of the Russian Federation, with respect to all other regulations, these acts have the highest legal force.

Principles of activity of the Federal Assembly of the Russian Federation:

The procedure for the formation and competence of the chambers of the Federal Assembly are established by the Constitution of the Russian Federation.

The Federal Assembly is a representative of the people of Russia and defends his interests.

The Federal Assembly is the only body with the right to adopt the state budget and control over its execution.

The election of the President of the Russian Federation is appointed by the Federal Assembly.

The main function of the Federal Assembly is the adoption of (Lower Chamber) and the approval of the Upper Chamber) of federal constitutional and federal laws.

The Federal Assembly of the Russian Federation carries out:

Decree by federal means of state treasury (adopts the federal budget and monitors its execution).

Control over the executive power.

The powers of the Federal Assembly include the production of the procedure for deregulating the President of the Russian Federation on the basis of the conclusion of the Prosecutor General of the Russian Federation on the presence of a crime in the actions of the President of the Russian Federation and the procedure for the announcement of the Vomum Dumbfish of the Government of the Russian Federation, as well as monitoring the judiciary by giving consent to the appointment of judges of the highest state Ships of Russia.

The Federal Assembly is independent of their powers, but its Lower Chamber (State Duma of the Russian Federation) may be dissolved by the President of the Russian Federation in cases:

1) a three-time disapproval by the Federal Assembly of the candidacy of the Chairman of the Government of the Russian Federation proposed by the President of the Russian Federation;

2) Announcements "Votuma disbelief" by the Government of the Russian Federation, with whom the Russian President did not agree twice.