The relationship between the Federation Council and the State Duma. In the field of lawmaking, the Federation Council takes a subordinate role in relation to the State Duma. Any laws are first submitted to the State Duma and only after approval by the lower house are submitted to the Federation Council for consideration. Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council: federal budget; federal taxes and fees; financial foreign exchange credit customs regulation of money issue; ...
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76. The relationship of the Federation Council and the State Duma.
In the field of lawmaking, the Federation Council takes a subordinate role in relation to the State Duma. Any laws are first submitted to the State Duma, and only after approval by the lower house are submitted to the Federation Council for consideration.
Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council: the federal budget; federal taxes and fees; financial currency, credit, customs regulation, money issue; ratifications and denunciations international treaties Russian Federation; the status and protection of the state border of the Russian Federation; war and peace.
When considering laws adopted by the State Duma, the Federation Council does not have the right to amend, but can either approve or reject the law as a whole.
If the Federation Council rejects the draft federal constitutional law, the veto cannot be overcome by the State Duma.
The Federation Council actually considers laws passed by the Duma, approves or disapproves of them. The adopted federal law is sent within 5 days to the President of Russia, who within fourteen days signs the federal law and promulgates it. Members of the Federation Council and deputies of the State Duma have the right to initiate legislation. A group of at least one fifth of the members of the Federation Council or deputies of the State Duma may make proposals on amendments and revisions of the provisions of the Constitution of the Russian Federation.
Members of the Federation Council and deputies of the State Duma enjoy the decisive vote on all issues considered by the chambers of the Federal Assembly, committee, commission of the chamber of which they are members. A member of the Federation Council has the right to attend all meetings of the State Duma, and a deputy of the State Duma - at all meetings of the Federation Council.
Members of the Federation Council and deputies of the State Duma - individually or in a group - have the right to send appeals and inquiries to the Government of the Russian Federation, the General
the prosecutor, the Chairman of the Central Bank, heads of federal bodies state power, other public authorities and bodies local government on a range of issues within the competence of these bodies and officials. The request is made at a meeting of the chamber in writing. The body, the official to whom the appeal was sent must give an answer to it orally or in writing no later than 15 days from the date of its receipt or within another period agreed with a member of the Federation Council, a group of members of the Federation Council.
On issues related to their activities, members of the Federation Council and deputies of the State Duma enjoy the right of immediate admission to heads and other officials of state power bodies, local self-government bodies, organizations, public associations located in the territory of the Russian Federation, officials of the Armed Forces of the Russian Federation, other troops and military formations ...
Members of the Federation Council and deputies of the State Duma have preemptive right to speak on the issues of their activities in the state media. At the same time, materials submitted by them on behalf of the relevant chambers, committees and commissions of chambers, as well as deputy associations in the State Duma, are subject to mandatory publication or distribution through public funds mass media no later than seven days after the appeal. Editing of the submitted materials without the consent of the authors is not allowed.
Members of the Federation Council and deputies of the State Duma enjoy immunity throughout their term of office.They cannot be prosecuted or prosecuted. administrative responsibility imposed in judicial procedure, detained, arrested, searched without the consent of the relevant chamber of the Federal Assembly, except in cases of detention at the scene of a crime, and also subjected to personal search, except in cases where it is provided by federal law to ensure the safety of other people. The immunity of parliamentarians extends to their living quarters, office space, luggage, personal and business vehicles, correspondence, the means of communication they use, as well as on documents belonging to them.
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Introduction
Chapter 1. Separation of powers, parliamentarism and bicameralism 20
1. Separation of powers in the mechanism of state functioning 20
2.Parliamentarism as a system of exercising state power 41
H. Modern models of parliamentary organization 62
4.3 the birth and development of Russian bicameralism 79
Chapter 2. Legal status of the Federation Council of the Federal Assembly of the Russian Federation 105
І. Organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation 105
2. The Federation Council as a representative of the constituent entities of the Russian Federation. 141
Z. The Federation Council as a constituent part of the legislative body 176
4. Normative regulation of the activities of the Federation Council
Federal Assembly of the Russian Federation 193
Chapter 3. Powers of the Federation Council of the Federal Assembly of the Russian Federation 216
one . Legislative powers of the Federation Council 216
2. Control powers of the Federation Council. 241
3. Powers of the Federation Council to form bodies
government 269
4. Other powers of the Federation Council 294
Chapter 4. Relations of the Federation Council with the President of the Russian Federation, the Government of the Russian Federation, judicial authorities, international and public organizations 321
1. Interaction of the Federation Council with the President of the Russian Federation, the Government of the Russian Federation and judicial authorities 321
2. Interaction of the Federation Council with state authorities of constituent entities of the Russian Federation, international and public organizations 335
Conclusion 350
Bibliography 357
List of used normative acts 357
List of used literature 372
Introduction to work
Relevance of the research topic
With the adoption of the Constitution of the Russian Federation in 1993, the strengthening of the Russian statehood began in its qualitatively new characteristics, designed to return the country to the world general democratic constitutional space. Russia was proclaimed a democratic federal rule of law with a republican form of government. The generally recognized principles of parliamentarism have received direct constitutional confirmation.
Parliamentarism is special system state leadership based on the separation of legislative, executive and judiciary... The basis of such a system - parliament - must have certain qualitative characteristics, without which parliamentarism cannot take place. These include the separation of powers, representativeness, the level of legislative and control competence of the parliament. The completeness of the implementation of these very provisions in the organization and functioning of parliament allows us to speak of the presence of necessary (albeit still insufficient) conditions for the establishment of parliamentary democracy as a form of state based on the principle of popular sovereignty.
In all-Russian public opinion, the understanding of the objective necessity and inevitability of the formation of parliament as a modern democratic form of government is becoming more and more clear. A new stage in the formation of parliamentary traditions is associated with the formation of the Federal Assembly. The current period state structure Russia is characterized by the desire to build parliamentary-type legislative bodies. The process is supposed to be difficult and lengthy,
need formation civil society, democratic political culture, multi-party system.
The Federation Council is the most transforming form of the developing Russian statehood. In the first ten years that have passed since the adoption of the Constitution of Russia in 1993, three different methods of forming the Federation Council were tested, and this was done, apparently, for good reason: the fate of the chamber reflected something very important in the fate of the type of federalism that is being introduced in Russia ...
Now, after these three changes, it becomes more and more obvious "that
it is in the upper chamber that the sharpest and most
essential problems of federalization. It was here that they found their
reflection of the main contradictions of federalism as a state
devices - contradictions that can be called genetic,
because they are inherent in federalism by its very nature. This,
first of all, the contradiction between the representation of citizens and
representation of regions as subjects of the Federation, these are contradictions
between the interests of specific regions and the interests of the country as a whole, and
also the basic discrepancy between the primacy of the subjects of the Federation
> and national sovereignty. All three
these contradictions are directly embodied in the upper house of parliament of any federal state: it was invented, first of all, in order to represent the subjects of the Federation, it was in it that the interests of the regions and the country as a whole were to be coordinated, it was she who had to resolve the contradiction between the subjects of the Russian Federation. the Russian state as a whole.
The nature of the Federation Council is such that it allows us to speak, firstly, about its federal-state character. Reflecting the opinions and interests of the constituent entities of the Federation, this chamber received the unofficial, but well-deserved status of the "chamber of Russian
"regions" "through which the subjects take part in federal lawmaking and governing the country. This is the essence of the federal component of the nature of the Federation Council. Another component is that the Federation Council is a state body of the entire Federation. Its acts are directed not to individual subjects, but to the whole the state, the Russian Federation as a whole Second, the Federation Council appears as an intra-structural subdivision of the Federal Assembly of Russia, exercising the representative, legislative, control and other functions established by the Constitution 1.
It should be noted that this chamber plays modern state a role that is more important than that of a defender of federalism. No wonder there are 66 bicameral parliaments, and federations only -25; this means that the upper chamber is in demand not only in federal states. Indeed, the upper house is intended to soften the decisiveness and haste inherent in the lower house. This mitigation task, purely conservative in nature, is one of the functions of the upper house. Slowing down lawmaking, forcing parliamentarians to delve deeper into problems, reducing the influence of momentary considerations in the adoption of laws designed for many years - this is the top task of the upper house. It is for the sake of fulfilling this super-task that it is customary to elect to the upper house
Federation Council of the Federal Assembly of the Russian Federation (issues of constitutional theory and practice) / Analytical bulletin of the Federation Council of the Federal Assembly of the Russian Federation. - 2002. - No. 23 (179). - p. 5 2 Hereinafter, the author reserves the right (solely for the sake of brevity of presenting the material) to call the Federation Council - the upper chamber of parliament, and the State Duma - the lower chamber, based on the specifics of the legislative process ("bottom up"). Since bills are first submitted to the State Duma (lower house), and then considered by the Federation Council (upper house). Applying this terminology, one should take into account a certain convention of these concepts, since none of the chambers is superior or subordinate to the other.
especially experienced politicians, the most respected people of the country, which is why it is called the top 3.
Theoretical aspects and problems of normative regulation of the activities of the Federation Council of the Federal Assembly of Russia, its place in the system of government bodies, determined by the powers and mechanisms of interaction with other bodies in the system of separation of powers in the modern legal reality of Russia are extremely important and relevant. In line with the implementation of the constitutional foundations of the democracy of Russian statehood, the implementation of the principle of separation of powers and the system of checks and balances, it is necessary to solve a whole range of various "problems, both theoretical and practical. It is necessary to determine the status of the Federation Council, to form legal basis its organization and activities, develop a mechanism for interaction with public authorities and other entities.
All of the above requires a scientific analysis of the constitutional and legal foundations of the organization, the legal status of the Federation Council of the Federal Assembly of the Russian Federation, which determined the choice of the topic dissertation research, its relevance and the range of problems under consideration.
Degreeelaboration of the research topic.
Any reform in the state should have its own clearly defined goal, strategy and tactics for achieving it, stages of reform, definition of social and legal mechanisms and social groups interested in reforming and capable of using these mechanisms.
The ongoing constitutional reform in the Russian Federation has largely changed the pre-existing construction priorities.
3 Of the 66 upper chambers of the world, it is called the lower one only in the Netherlands.
statehood. This also affected the main directions of the formation of the system of public authorities, including representative ones, which, to one degree or another, are experiencing the difficulties of the transition period, objectively accompanied by a search for optimal ways of democratic renewal. Russian society... A striking example is the construction of Russian bicameralism.
Due to the fact that the experience of a bicameral parliament in Russia is small, the dissertation student conducts a comparative legal, in a historical perspective, with an analysis of practice, a study of the theoretical and practical foundations of the activities of the second chambers in foreign and national practice.
The author made an attempt to analyze the place and role of the second chamber of parliament in the context of theoretical and practical systemicity: the interaction of chambers of parliament, federal and regional government bodies, other subjects in a historical and comparative legal perspective.
The source study basis of the dissertation was formed by the doctrinal and regulatory framework of the Soviet period of the development of Russian statehood and its modern stage, the main pre-revolutionary legal documents about zemstvo and city self-government institutions, works of domestic and foreign scientists, analytical reviews, sociological research and statistical data on the activities of the Federation Council.
When preparing the dissertation research, the author relied on the works of domestic specialists in the field of theory and history of state and law, constitutional law, political and legal doctrines, international law, first of all: A.S. Avtonomova, S.N. Baburina, A.V. Vasilyeva, B.P. Eliseeva, S.E. Zhilinsky, L.M. Karapetyan, D.A. Kerimova, N.G. Kobets, I.O. Krasnova, B.S. Krylova, B.N. Kudryavtseva, M.N. Kuznetsova, I.N. Kuksin, M.P.R. Kulieva, Yu.I.
Leibo, G.V. Maltseva, M.N. Marchenko, T. D. Matveeva, G.V. Osipova, SV. Solovieva, Yu.A. Tikhomirova, B.N. Topornin, V.A. Tumanova, G.I. Tunkina, T.M. Shamba, D.Yu. Shestakova, B.S. Ebzeeva, A.I. Ekimova, V.F. Yakovleva, I.S. Yatsenko and others.
Certain aspects of the problems studied in the dissertation were considered in one form or another in the works of modern legal scholars in the field of constitutional and parliamentary law - S.A. Avakyan, A.S. Avtonomova. M.V. Baglaya, G.V. Barabasheva, A.A. Bezuglova, V.I. Vasilieva, R.F. Vasilieva, B.N. Gabrichidze, I. V. Grankina, Yu.A. Dmitrieva, A.D. Kerimova, E.I. Kolyushina, V.F. Kotoka, O.E. Kutafin, V.O. Luchina, B.C. Osnovina, N.T. Savenkova, I.M. Stepanova, B.A. Strashun, V.A. Chetvernin, V.E. Chirkin, K.F. Sheremet, T. Ya. Khabrieva and others. These works, many of which were written in soviet period and reflect the scientific concepts and practical approaches that existed at that time, have not lost their significance at the present time, being the basis for the development of the theory of modern Russian parliamentarism.
For all the undoubted value of the works of these authors, it cannot be said that the interest of the scientific community in the problems of the place and role of the Federation Council of the Federal Assembly of the Russian Federation, its formation and activities, has been fully exhausted. Democratic reforms of the last ten years have changed public opinion towards parliamentarism from negative to positive. In Soviet legal science, the attitude towards parliamentarism was critical. However, it is necessary to note the names of B.N. Topornin, V.I. Ivanova, I.P. Rybkina, A.P. Lyubimov, V.D. Gorobets, I.M. Stepanova, T. Ya. Khabrieva, S.A. Avakyan - researchers who declared the advisability of introducing into the national legal system parliamentary law. It is in their
In his writings, bicameralism is considered as an element of democratic statehood.
The theoretical sources were the works of Russian scientists of the past and beginning of this century V.P. Bezobrazova, A.I. Vasilchikova, L.A. Velikhova, B.V. Veselovsky, V.N. Gessen, A.D. Gradovsky, N.M. Korkunova, N.I. Lazarevsky, V.N. Leshkova, B.E. Nolde, M.I. Sveshnikov and others. They laid the foundation for the historical tradition in the scientific and practical understanding of the nature and specifics of the formation modern concept constitutional development of Russian statehood.
Formation and development problems legal institutions parliamentarianism is reflected in the works of foreign authors: M. Ameller, A. Baker, J. Blondel, De Lavelle, M. Duverger, D. Jellinek, O. Mod el I, M. Prelo, H. Feiner.
At the same time, some problems of the role of the upper chambers in the system of state administration, including in modern Russia, have not yet received proper scientific substantiation. Therefore, this study is aimed at generalizing and systematizing the state and trends in the development of constitutional and legal legislation on the organization and activities of the Federation Council and its interaction with various subjects in the historical and comparative legal retrospective and will have significant scientific and practical interest.
The legal basis of the work is the Constitution of the Russian Federation of 1993, federal constitutional laws, federal laws, decisions of the Constitutional Court of the Russian Federation, decrees of the President of the Russian Federation and decisions of the Government of the Russian Federation, - regulations of the chambers of the Federal Assembly of the Russian Federation, legislation of the constituent entities
Of the Russian Federation, draft regulations, other legal documents, including foreign ones.
Research object public relations emerge in the process of normative regulation of the formation, implementation of powers, interaction with other state bodies during the functioning of the Federation Council of the Federal Assembly of the Russian Federation. In carrying out this study, the activities of the Federation Council are analyzed in comparison with the second chambers of parliaments. foreign countries and the system of legislation that guarantees them.
Subject of dissertation research constitute the theoretical foundations, legal norms that determine the legal status of the Federation Council of the Federal Assembly of the Russian Federation, as well as the practice of its activities.
The purpose and objectives of dissertation research.
The goal is to comprehensively study the legal, theoretical and practical aspects of the Federation Council's activities in comparison with the second chambers of foreign parliaments on the basis of general theoretical ideas for building a democratic and the rule of law, from the standpoint of constitutional law, analysis of current legislation and modern practice. Propose possible options for improving the constitutional and legal mechanism for securing the legal status of the Federation Council and its place in the management system, taking into account the characteristic features and specifics of Russian legal reality.
The subject and objectives of the research identified the range of the main interrelated tasks, the solution of which constituted the content of this work:
To reveal, taking into account modern scientific views, current legislation and established practice, social essence and legal content categories "parliamentarism", "representative power"; to reveal the essence of the second chambers of parliaments and the Federation Council in Russia.
Explore in historical aspect the place of the representative branch of government in the system of separation of powers and identify in it the place of the upper chambers of parliaments.
Based on the analysis of the current legislation, as well as the views of legal scholars, consider the content and legal foundations of the formation and activities of the second chambers of foreign parliaments, the Federation Council in Russia; to reveal the tendencies and patterns of the formation and development of the institution of bicameralism in Russia.
Consider the theory and practice of the distribution of powers between the chambers of modern parliaments.
Analyze the practice and determine approaches and methods for the optimal combination and interaction of the Federation Council with state authorities and other subjects in the implementation of constitutional powers.
Reveal the features of the system of representative power, federalism in Russia; identify and study the problems of formation, legal regulation and practical activities of the Federation Council.
Determine the priorities and optimal models for structuring the Federation Council. Analyze the experience of legal regulation, structure, organization of the activities of subsidiary bodies of the Federation Council in Russia, compare it with foreign experience in the designated area and the possibility of its use in modern conditions Russia.
Extract theoretical and practical constructions from the existing doctrinal and regulatory legal experience of foreign countries that may be useful in solving issues related to the development of parliamentarism and bicameralism in Russia, based on the traditions of freedom and democracy.
Develop a theoretical structure and practical advice to improve the regulatory framework and practice of the Federation Council.
Methodological base and research methods. The basis is the general scientific dialectical method of cognition.
To achieve the set tasks, modern methods of understanding legal, economic and social relations were used in the process of building a democratic structure and life in Russia and other states. General scientific and special-legal methods were used as research methods, including systemic, historical, normative-logical, comparative-legal, structural-functional, method of analytical interpretation of interaction. legal regulations and others. Their use made it possible to study objects in interconnections and interdependencies, their integrity and comprehensiveness, to reveal some tendencies, to make generalizations, and to formulate recommendations for improving the legal status of the Federation Council.
Due to the specifics of the topic of the dissertation research, it was necessary to turn to the theory and history of state and law, constitutional law of foreign countries, statutory law of the constituent entities of the Russian Federation, administrative and other branches of law.
Empirical basis of research drew up official political and legal documents - constitutions foreign states, acts of international law, foreign and Russian legislation,
normative acts of the President and the Government of the Russian Federation. When writing, the decisions of the Constitutional Court of the Russian Federation were studied, about 40 constitutions and statutes of the constituent entities of the Russian Federation were analyzed. In preparing the dissertation, the provisions of the messages of the President of the Russian Federation to the Federal Assembly, analytical information of the state authorities of Russia, materials of the current archive of the Federation Council of the Federal Assembly of Russia, statistics and other documents were taken into account.
Scientific novelty. The dissertation is a complex, logically completed monographic study devoted to the analysis of theoretical, legal and practical issues of the existence and development of the second chamber of parliament in the system public authority democratic, legal state.
The work is one of the first monographic studies in which significant theoretical, factual and regulatory material carried out a comprehensive theoretical and applied development of the problem of the organization and functioning of the second chamber of parliament - the Federation Council, its place in the new constitutional and legal conditions for Russia.
The processes of formation of the Federation Council are considered from
using comparative analysis, in the context of the
Of the Russian Federation constitutional reform aimed at
implementation of the "principle of separation of powers", the formation
parliamentarism. -
Along with theoretical aspects, practical aspects of the functioning and activities of the Federation Council, its relations with other bodies, the problems of delimiting subjects are considered in detail.
jurisdiction and powers, taking into account the functional specifics and characteristics of the chamber of the Federal Assembly. Provisions submitted for defense;
The author's definition of the concept parliamentarism, under which the pony may gay "a special system of government, structurally and functionally based on the principles of separation of powers, the rule of law, with the leading role of parliament in order to implement the constitutional consolidation of the sovereignty of the people."
Description of the main features and definition representative branch authorities. Representative (legislative) branch of the power forms a system of collegial elected bodies of the state performing legislative, representative and other functions based on a free or imperative mandate and a limited term of office. The characteristic features of the investigated branch of government, according to the candidate, are: the scope of functions and powers, representation of interests, collegiality, electivity, consistency.
Conclusion that there are ten ways to form the second chambers of parliaments. In particular, members of the upper chambers may hold office as follows: by direct vote; be elected by a special category of lower-level voters (for example, members of local councils); elected by various functional or professional groups (corporate representation); to be elected local authorities authorities; be elected by members of another chamber; be selected by their colleagues in the upper chamber (co-optation); appointed by the head of state; appointed by the body executive power subject (head of the body); by inheritance; by way of substitution. When forming the second chambers of parliaments in different combinations and options, direct elections are used according to the following systems: proportional, simple majority and majority in two rounds; indirect elections; appointment
regional government or monarch; co-optation. Ethnic quotas are practiced, and the territorial principle of representation dominates.
The conclusion that the most acceptable for Russia is the elective method of forming members of the Federation Council, when candidates in the number of more than one person are proposed, respectively, by the legislative authority and the executive authority of the constituent entity of the Russian Federation, and the population elects representatives from them to the Federation Council.
Definition of the representative, legislative and control functions of the parliament, given on the basis of an analysis of doctrinal sources and the practice of its implementation.
Since the competence of parliament is the scope of powers through which the main functions of a given body of state power 4 are revealed, the functions of the Federation Council are manifested not only through its competence, but also through its individual elements - subjects of jurisdiction or powers.
Based on this, the candidate determines:
representative function Federation Council as
fundamental for all other functions - a set of methods, measures, powers aimed at eliminating differences between the federal center and the subjects of the Federation; ensuring the participation of regions in the development of federal policy; coordination of interests of central and regional bodies of state power, expressed in the internal structure, procedural rules, acts of the chamber;
legislative function of the Federation Council- as a set of methods, measures, powers in the process of lawmaking, expressed
participation at different stages of development and adoption of all types of laws in the Russian Federation;
the control function of the Federation Council- as a set of methods, measures, powers that make up a control mechanism over executive and other state bodies in order to prevent (suppress) violations of the rights and freedoms of citizens and the effective implementation of the current legislation.
Classification of the system of normative legal acts governing the legal status of the Federation Council on the following grounds: legal force- laws and by-laws, according to the territory of action - into federal and subjects of the Federation. The block-normative legal acts of the federal level include: the Constitution of the Russian Federation, federal constitutional laws, federal laws, decisions of the Constitutional Court of Russia that have law-making significance, as well as a number of bylaws. Regulatory legal acts constituent entities of the Federation regulate only the formation process - the election and appointment of members of the Federation Council of the Federal Assembly of Russia.
Classification of the norms of the Constitution of the Russian Federation regulating the legal status of the Federation Council, into two blocks: general and special character. The norms of the second block are subdivided according to the subject of regulation into: fixing the formation procedure, the structure of the chamber, operating procedures, powers, methods of relations with other authorities.
The dissertation candidate, when defining the functions of parliament, proposes a provision on several classifications of powers of parliaments: by field of activity, by form of consolidation, by direction of activity. The dissertationist highlights the legislative functions, in
4 See: Lag.iaіі M.V. Constitutional law of the Russian Federation ... p. 493.
dependence on the subject of regulation; by the object of adoption (constitutions, constitutional (organic) laws, current legislation and, as a subspecies, the adoption of by-laws); by stages of the legislative process.
9. Conclusion that the relationship of the Federation Council
Federal Assembly of the Russian Federation with state
bodies of the Russian Federation, constituent entities of the Russian Federation, and
also international and public organizations going on
principles of interaction, interdependence, complementarity.
10. Conclusion that in order to strengthen the role of the Federation Council in
within the framework of building a democratic state based on the rule of law,
empower the Federation Council with the following powers:
the right to grant permission for the passage, deployment and deployment of foreign armed forces on the territory of Russia (to regulate procedures by a special act);
participation in the abolition of military and state of emergency;
the right of the Federation Council to decisive (obligatory for the President of the Russian Federation) approval or disapproval of intra-federal treaties;
not to consider as a closed list of "officials" established by the Rules of Procedure of the Chamber, to whom the right of parliamentary inquiry of the Federation Council and the right of deputy inquiry of members of the Federation Council may be addressed.
11. Conclusion on the need, together with the State Duma
Russian Federation:
Creation on a parity basis of a special body to determine the priorities of legislative activity;
the creation of a joint commission of the chambers to regulate the activities of the offices of the chambers of the Federal Assembly and control their activities;
the establishment of a joint commission (or in each of the chambers) to investigate the activities of the executive branch (with the introduction of appropriate amendments to Article 101 of the Constitution of Russia);
creation of a “school of parliamentarians” on the basis of the apparatus of the chambers as a reserve of professional personnel.
12. Proposal for the development of a number of new regulatory
legal acts, including the Rules of Procedure of Joint Meetings of the Chambers of the Federal Assembly of Russia (Clause 3, Article 100 of the Constitution of Russia).
The theoretical significance of the study consists in the fact that the theoretical provisions and conclusions formulated in it develop and supplement whole line legal institutions of constitutional and parliamentary law, as well as sections of the science of constitutional law and scientific disciplines. The problems investigated in the dissertation are among the fundamental problems of modern constitutional and legal science. Their scientific understanding determines the theoretical significance and value of the study.
The practical significance of the study lies in the fact that the conclusions obtained during the study can be used:
in the rule-making activity of public authorities;
in the practice of the Federation Council and its apparatus;
in improving the work of public authorities;
in improving the mechanism of interaction between government bodies and other subjects with the Federation Council.
The significance of the study is determined by the fact that it can contribute to a scientifically based search for legal solutions,
adequate to the current socio-political processes taking place in Russia.
The research results can be used in teaching courses "Constitutional Law of Russia", "Parliamentary Law", industry-specific legal sciences in law schools, as well as in advanced training courses for practitioners, in the conduct of scientific research.
Approbation of research results was carried out in the following forms: the introduction of the main provisions of the dissertation in software educational process within the framework of state legal specialization of the Moscow University for the Humanities.
Theoretical provisions, practical conclusions and individual problems studied in the dissertation were reported and discussed at regional and interuniversity scientific and practical conferences, round tables, seminars and discussions: "Russian federalism: theory and practice", Moscow, February 25-26, 2001; 1 All-Russian interuniversity scientific-practical conference, Moscow, March 27, 2001; Scientific-practical conference of graduate and doctoral students of the Moscow State University of Civil Aviation, Moscow, April 15, 2002; Scientific Conference"10 years Russian constitution»Moscow December 10-11, 2003; All-Russian scientific-practical conference "10 years of the Constitution of Russia in the mirror of legal science and practice" Moscow December 18-19, 2003
A number of the dissertation's conclusions were tested in the practical activities of the state authorities of Russia, in particular, recommendations were sent to the State Duma and the Federation Council of the Federal Assembly of the Russian Federation. The main ideas, theoretical and practical provisions outlined in the dissertation are reflected in the works prepared and published by the author: monographs, articles, lectures.
Separation of powers in the mechanism of state functioning
State power is a system of special public relations and activities government agencies, which is carried out through the forms and methods established by law and is aimed at creating a democratic regime in society, protecting human and civil rights and freedoms and ensuring effective government administration and control. This is the power of the state, which has specific goals, functions and legal means impact on public relations. The various and numerous functions of the state determine the presence of both special bodies of the state and the special forms and methods of influence on society, on the state itself, on citizens, the well-being and safety of which are the main goal of state activity.
S. M. Korkunov at the end of the last century wrote: "But if there is no government at all, there will be no state. The existence of the state is only manifested in its activity. The state only exists insofar as it acts, rules, rules. Therefore, in order to there was a state, management should be performed. Therefore, management cannot be made dependent on the always more or less accidental existence of a law providing for a given case encountered in practice "4.
The functions of state administration (functions of managing the affairs of the state) are inherent in all states throughout their development. The issue of the functions of the state and public administration is not devoid of controversial points5. However, scientists have come to a common opinion: the functions of the state are carried out by all state bodies that make up a single state power. Within the framework of this unity, there are significant differences in the methods and forms of implementation of functions. Accordingly, they are distinguished into independent types of state activities, differing in a specific purpose, special entities- by state bodies (civil servants), methods of implementing state functions.
In the very general view the functions of the state and its bodies are the main directions of the state's activities, ensuring its social well-being, guaranteeing the realization of human and civil rights and freedoms, stable and effective government and society.
The term " public administration", apparently, despite changes in the conceptual apparatus of various sciences studying this phenomenon, it will not lose its most important value in the practice of the state's functioning, at least as long as the state itself exists. It is from the standpoint of the relationship between the concepts of" state "and" management "the essence of public administration should be considered. It is possible that with the development of new political and economic relations, the forms and methods of management may change, the importance of certain management functions may increase and the importance of others may weaken.
The definition of "public administration" can be approached from different points of view. Management is sometimes defined as such government activities which is neither justice nor lawmaking6. The classical definition of management was given by V. Jellinek7: management is the activity of the state or other subjects of state (public) power, carried out outside the boundaries of lawmaking and justice.
Anglo-American authors define management as follows: management unites that area of activity of the state and its various structures, in which systematic and purposefully developed political decisions are executed. From the point of view of consistency, public administration is an extremely complex dynamic system, each element of which produces, transmits, perceives, transforms regulatory influences in such a way that they streamline social life.
The state-legal nature of management is determined by the following features: firstly, in the process of management, the functions of the state are carried out while respecting the interests of the state (public interests) and ensuring the rights and freedoms of citizens;
secondly, management functions are carried out by entities specially created by the state on behalf of and on its behalf, or by other entities to whom the state delegates part of its powers in the field of management;
Organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation
Parliaments and their chambers organize their work themselves, form the necessary for them to function internal organs... The procedure fixed by the rules of procedure is one of the generic features of the parliament that is still in force today.
The most important bodies of a modern parliament are sectoral standing commissions (committees). They are formed, as a rule, on an inter-party basis at the beginning of the activity of the parliament or its chamber of a new convocation and work until the expiration of the term of office of the parliament or its chamber of this convocation. If the composition of the chamber is renewed gradually (for example, in the United States, one third of senators are re-elected every two goals, in Russia the powers of a member of the Federation Council are terminated with the termination of the powers of the heads of executive power or legislative bodies of the constituent entities of the Russian Federation, as well as by decision of the body ( official) elected (appointed) a member of the Federation Council), then the composition of the standing commissions (committees) is changing gradually.
The specialized nature of the activities of commissions (committees), their rather narrow composition and relatively less publicity of work (as practice has shown, in countries where public access to committee meetings is open, they are attended by a smaller number of citizens than plenary sessions of the chamber or parliament) lead to the fact that that the members of the commissions (committees), according to the Finnish state scientist P. Kaspari, "delve ... into the business or" technical side of the discussed issues more deeply than at plenary sessions, where political aspects are clearer185. It is in them, according to researchers and practitioners, that most of the work of deputies and senators is carried out.
In most modern countries, as special structural units Party factions (groups) are allocated to parliaments or chambers. Experience of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR in 1989-1991, as well as the Congress of People's Deputies of Russia and the Supreme Soviet of Russia in 1990-1993. showed that the lack of sufficiently stable deputy associations seriously complicates the work of a representative collegial body.
In general, the upper house of the Federal Assembly of Russia is simpler than the lower one. While the State Duma consists of two overlapping structures - factional and committee, the structure of the Federation Council presupposes only one structure, including the Council of the Chamber, committees and commissions. The absence in the upper house of factions, which are the main subjects of group political activity in the State Duma, is also due to the fact that the upper house by its nature is an exponent of the agreed interests of the subjects of the Federation, and not of political forces. Components this device- the committees and commissions of the Federation Council - had an indefinite ideological appearance, which, however, did not prevent them from consistently defending the interests of the regional elite.
As a rule, when determining the required number, name and competence of commissions (committees), parliamentarians proceed from the assumption that the activities of these bodies should cover all areas of national policy. As a result of this approach, the number of standing commissions (committees) in the chambers of foreign parliaments is usually quite significant. And, nevertheless, as V.A. Ryzhkov and B.A. Strashun, “the names of the commissions often do not fully reflect their terms of reference. For example, the construction commissions are in charge not only of matters within the competence of the Ministry of Construction, but also of other state issues, local and urban land planning, issues of roads, rivers, sea coasts, canals, issues of land expropriation, topography and cartography. "
The shift of the center of gravity in legislative activity from public meetings of the chambers of the highest representative institution to the commission is more or less characteristic of all democratic states. “Often parliamentary committees,” A.A. rightly notes. Mishin, decide the fate of legislation. The most typical in this respect is the US committee system, where the main activity of the Congress is carried out not by itself, but by numerous standing committees formed by both the House of Representatives and the Senate "
Taking as a starting point the traditional division of powers between the legislative, executive and judicial branches of government, we most often find that in each of these areas the second chamber plays a secondary role.
On the whole, the following pattern is observed: the power of the second chamber is higher in cases where, other things being equal, it cannot be dissolved by the government, as in Great Britain or in federal states337.
There are certain patterns in the relationship between the functions of the Federation Council and its competence. The latter, being a legal category, acts as an instrument serving the legal expression of functions. In this regard, the competence: objectifies functions, reveals their legal aspect; designates a range of issues within which the Federation Council is competent to make legally significant decisions; determines the forms and nature of participation of the Federation Council in the implementation of functions.
The competence of the Federation Council depends on both the general and subject competence of the Federal Assembly. It appears that general competence falls into three main subject competences: legislative, representative and control - according to the number of the corresponding functions of the Federal Assembly. The substantive competence of the Federal Assembly corresponds to the special competences of the Federation Council and the State Duma in the same spheres of activity: representative, legislative and control.
The legal literature on parliamentarism is full of various formulations denoting the activities of parliaments: "parliamentary functions", "parliamentary competence", "parliamentary powers", etc. In this study, these terms are used as elements of one well-known legal structure, according to which competence is a legal expression of functions, its structure is made up of the subjects of jurisdiction and powers of the body "4." The competence of the parliament, - writes M.V.
The functions of the Federation Council are manifested not only through its competence, but also through its individual elements: subjects of jurisdiction or powers. “Special competence, or issues of jurisdiction of the Federation Council, is established in a number of articles of the Constitution (mainly Article 102) and federal laws” 340. According to I.V. Grankin, special subjects of jurisdiction of the chambers of the Federal Assembly (Articles 102, 103) can simultaneously be considered as powers.
Thus, the functions of the Federation Council can be disclosed not only through a generalized legal category - competence, but also its individual components: the subject of jurisdiction or powers. It is obvious that such an approach has become widespread in the legal literature on the problems of parliamentarism. However, the reasons for its use by the authors are different. So, for SA Avakyan, as mentioned above, the competence of the Federal Assembly does not exist in principle, he operates with a different category - “powers of the chambers”.
In Art. 102, 103 of the Constitution of the Russian Federation, the subjects of jurisdiction of the chambers are set forth simultaneously with their powers. Thus, we are talking only about the form, the features of the legislative technique, and not about the content side.
Most scholars agree on the functions of parliament. At the same time, one should not forget that functions are manifested in the powers of parliaments. The dissertation candidate, when defining the functions of parliament, offers several classifications of the powers of parliaments. The first basis for classifying the powers of parliament is the area of activity. M. Duverger, for example, refers to the powers of parliament: legislative, financial, foreign policy, executive, administrative (appointment of individual members of executive bodies, control over executive bodies, introduction of a state of emergency, decisions on management state property etc.), judicial (appointment to some judicial positions, mitigation of sentences, etc.), powers to adopt and revise the constitution3
Interaction of the Federation Council with the President of the Russian Federation, the Government of the Russian Federation and judicial authorities
The relationship of the upper chamber of parliament with the central (federal) government bodies, government bodies of the constituent entities of the Federation and other subjects both in the country and in the international arena are determined by the composition and procedure for the execution of its powers both in the sphere of joint competence of the chambers of the bicameral parliament, and in the sphere its exclusive competence458.
In recent years, the forms and methods of relations of the upper chambers with other authorities, subjects of the political system, international bodies and organizations have been studied ""
The place of the Federation Council in the system of state power bodies, the goals and main directions of their joint work are determined by the Constitution, which provides that state power in the Russian Federation shall be exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.
The interaction of all branches of government is necessary for the optimal solution of the tasks facing them, including for increasing the efficiency of lawmaking. For the Federation Council, as a chamber of the Federal Assembly of the Russian Federation, this means, on the one hand, exerting a direct influence on the process and direct participation in it, on the other, influencing the resolution of issues that have become the subject of the chamber's consideration, for example, on the state of affairs in the economy, social sphere at the federal and regional levels, reaction to various political events.
In the everyday and complex interaction of institutions of power, the Federation Council has always served as a factor of stability and the achievement of harmony among all branches of government. At the heart of this is the growing influence of the chamber, which represents all the constituent entities of the Russian Federation, realizing its capabilities to consolidate on federal level regional interests and effectively defending its decisions. This was facilitated by the formation of the corresponding legislative framework, and the established working relations of the leadership of the Federation Council with the President of the Russian Federation and the Government of the Russian Federation46 ".
The powers of the Federation Council, traditional for world practice, established by paragraphs "a", "b", "c", "d", "g" and "h" of the article of the Constitution of the Russian Federation mean (moreover, OCJ clauses similar to the situation with the State Duma) that this party of the Federal Assembly really shares with him responsibility for the political course in the most important areas of the country's life, including for the proper provision of state sovereignty and territorial integrity, the rule of law (including constitutional) and law and order, the stability of federal and interethnic relations , as well as the political and territorial structure of the country.
If we also take into account the powers of the Federation Council established by paragraphs. "D" and "f" of Article 102 of the Constitution of the Russian Federation on the adoption of a decision on the removal of the President of the Russian Federation from office and the appointment of elections for the head of state, it can be concluded that the Federation Council is the direct guarantor of the stability of the presidential power, and, consequently, of the entire system of the federal state power in Russia 462.
When the Federation Council interacts with the President of Russia, many forms of interaction and methods of cooperation are used in the exercise of joint powers and a slightly different set of forms for interaction in the sphere of exclusive powers.
One of the popular forms of interaction between the Federation Council and the President of Russia is the participation of members of the Federation Council in commissions formed by the President. Examples include the Joint Commission for the Coordination of Legislative Activity, formed by the President in 1994, various government commissions (2000), and many others463.
For example, the Federation Council of the Federal Assembly of the Russian Federation participated in the Commission under the President of the Russian Federation for the preparation of treaties on the delimitation of jurisdictions and powers between federal government bodies and government bodies of the constituent entities of the Russian Federation represented by the Chairman of the Federation Council Committee on Federation Affairs, the Federal Treaty and regional policy; Members of the Federation Council were included in the Government Commission for the Financial Rehabilitation of Defense Industry Organizations
The Federation Council created special commissions for participation in priority institutions, for example, a commission of the Federation Council on the interaction of the federal state unitary enterprise All-Russian State Television and Radio Broadcasting Company (VGTRK) with regional television and radio companies; represented on the board of directors of the Russian joint stock company"UES of Russia", in the board of the Federal Commission for the Securities Market
Based on the annual messages of the President of Russia, the Federation Council develops its own plans for the implementation of the tasks set by the President.
Members. The Federation Councils constantly participate in meetings of the Government, the work of the collegia of ministries and departments, coordination and advisory bodies under the President of the Russian Federation and the Government. In turn, members of the Government, representatives of other federal authorities were constantly invited to the meetings of the chamber and its committees and commissions.
CM. GABIEVA, Candidate of Legal Sciences, Associate Professor of the Department of Constitutional and municipal law Dagestan state university, M.Z. BASRIEVA, Post-Graduate Student, Department of Constitutional and Municipal Law, Dagestan State University The article deals with the problems of interaction of the Federation Council of the Federal Assembly of the Russian Federation with other state authorities in ensuring a single legal space of the Russian Federation.
This article was copied from https://www.website
MODERN LAW №7 2011 Magazine pages: 26-28
CM. GABIEVA,
Candidate of Legal Sciences, Associate Professor of the Department of Constitutional and Municipal Law of the Dagestan State University,
M.Z. BASRIEVA,
Postgraduate student of the Department of Constitutional and Municipal Law, Dagestan State University
The problems of interaction of the Federation Council of the Federal Assembly of the Russian Federation with other state authorities in ensuring a single legal space of the Russian Federation are considered. It is noted that one of the reasons for the insufficient efficiency of the functioning of power at the present time is the imbalance of power powers within state system.
Key words: state power, legal space, Russian statehood, interaction, Federation Council, lawmaking.
Interaction of the Federation Council of Federal Meeting of the Russian Federation with other public authorities in maintenance of uniform legal space
Gabieva S., Basrieva M.
Problems of interaction of the Federation Council of Federal meeting of the Russian Federation with other public authorities in maintenance of uniform legal space in the Russian Federation are considered. It is noticed that one of the reasons of insufficient efficiency of functioning of the power now is imbalance of imperious powers in the state system.
Keywords: the government, legal space, the Russian statehood, interaction, the Federation Council, lawmaking.
The study of the interaction of public authorities is very important in federal state, when the problems of ensuring a single legal space are actualized due to the presence of two levels of state power with appropriate law-making powers.
In the system of relations between government bodies, a special place is occupied by the Federation Council of the Federal Assembly of the Russian Federation - as a body that, on the one hand, being the upper house of the Russian parliament, exercises legislative powers, and on the other hand, essentially represents the interests of the constituent entities of the Russian Federation on federal level.
First of all, it should be noted that a necessary condition for the existence of a legal democratic state is the recognition and implementation of the principle of separation of powers.
The very idea of the separation of powers originated in Ancient Greece... So, even Aristotle wrote that in any state there are "three elements: the first is a legislative body on state affairs, the second is magistracy (namely: which magistracy should be in general, which of them are the main ones, what should be the method of their replacement), the third is judicial authorities". Later in the works of J. Locke, C. Montesquieu, I. Kant, G.F. Hegel and T. Jefferson, this idea was developed. Scientists formulated the idea of the need to divide state power into legislative, executive and judicial, laying the foundation for the classical theory of the separation of powers.
The principle of the separation of powers means that none of the state bodies belongs to all state power in full. Each of them performs only its inherent function and has no right to substitute for the activity of another body.
The purpose of this principle is to prevent possible abuse and the emergence of totalitarian rule not related to law. The legislative branch adopts laws, enveloping in them the main directions of domestic and foreign policy, and ensures the rule of law in society. The executive branch is called upon to implement the norms of law adopted by the legislator. The powers of the judiciary include the protection of law from any violations through the administration of justice.
V modern theory constitutions in relation to the structure of state bodies, their interaction, new tendencies are revealed. T.Ya. Khabrieva and V.E. Chirkin, among other areas of development of the principle of separation of powers, highlight closer cooperation between the head of state, parliament and government and subsidiarity in the implementation of state powers.
As noted above, the Federation Council occupies a special place in the system of relations between government bodies, the analysis of the interaction of which with other government bodies plays an important role in ensuring a single legal space of the Russian Federation.
D.Sh. Pirbudagov and V.T. Azizov's definition of a single legal space: “The legal space is the sphere of regulation by legal norms of models lawful conduct the state, its constituent parts and citizens within the territory of the given state and specific historical time. " Further, the authors reveal the content of the category "legal space" through its features:
State sovereignty over its entire territory;
Continuity, homogeneity, integrity of the legal space;
Territorial limitation;
Systemic and structural nature;
Inner unity;
External unity;
Continuity.
The Federation Council, as a government body endowed with legislative powers, should rely on these principles in its activities, including in cooperation with other government bodies. This interaction is based on the implementation of the corresponding powers.
Federation Council and State Duma of the Federal Assembly of the Russian Federation. Since legislative power at the federal level in Russia is exercised by the Federal Assembly of the Russian Federation, which consists of two chambers, then, of course, they are the ones that interact most closely. Performing a representative function, the Federation Council expresses at the federal level the interests of the constituent entities of the Russian Federation, playing the role of a kind of “chamber Russian regions". In addition, as noted by A.A. Vikharev, he has a function of restraining the lower house of parliament, which is specific to all upper chambers. In this role, the Federation Council acts as an element of the internal parliamentary system of checks and balances.
Federation Council and President of the Russian Federation. Cooperation between the Federation Council and the President of the Russian Federation affects various areas, but it primarily concerns issues of lawmaking, including in part reconsideration laws rejected by the President of the Russian Federation.
Federation Council and the Government of the Russian Federation.
The fundamentals of relations between the chambers of the Federal Assembly and the Government of the Russian Federation are laid down in the Constitution of the Russian Federation and are developed in the Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation", in the regulations of the Federation Council and the State Duma, and in other legal acts.
With regard to the interaction of these bodies, several points should be noted. The Government of the Russian Federation has the right to initiate legislation by submitting bills to the State Duma. It also has the right to propose amendments to bills pending in the State Duma.
The Government of the Russian Federation gives written opinions on bills on the introduction or abolition of taxes, on exemption from their payment, on the issue of government loans, on changes in the financial obligations of the state and on bills that provide for expenses covered by the federal budget. It can also send official responses to the chambers of the Federal Assembly on federal laws and bills under consideration by the chambers. Official responses of the Government of the Russian Federation are subject to obligatory announcement or dissemination when federal laws and draft laws are considered at meetings of the Federation Council or the State Duma.
At the same time, more active interaction between the Government of the Russian Federation and the lower house of the Federal Assembly, the State Duma, should be noted. This is manifested primarily in the broader scope of the State Duma's control powers. For example, both chambers of parliament have the right to conduct their own investigations on the most socially significant issues, but only before the State Duma in accordance with paragraph "c" of Art. 103 of the Constitution of the Russian Federation The Government of the Russian Federation is obliged to report annually.
The Federation Council and state authorities of the constituent entities of the Russian Federation. The most acute problems of ensuring a single legal space are manifested at the level of legislation of the constituent entities of the Russian Federation, which should be limited by the scope of the powers of the constituent entities, provided that the Constitution of the Russian Federation and federal legislation are consistent. That is why the activities of the Federation Council on interaction with state authorities of the constituent entities of the Russian Federation are especially important.
Since the Federation Council is one of the chambers of the federal legislative body, interaction mainly concerns the legislative bodies of the constituent entities of the Russian Federation. Especially to activate this direction, the Council for Interaction of the Federation Council of the Federal Assembly of the Russian Federation with the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, the so-called Council of Legislators (Regulation dated May 21, 2002), was created.
The main task of this body is to ensure a single legal space of the Russian Federation, coordinate the legislative activities of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation and exchange experience.
Within the framework of the Council of Legislators' activities, the days of the Federation Council are held in the constituent entities of the Russian Federation, the days of the constituent entities of the Russian Federation in the Federation Council, various types of field events of committees and commissions of the Federation Council.
For more effective interaction N.I. Shaklein proposes a number of measures to consolidate in the Constitution of the Russian Federation the principle of unity of legislative (representative) bodies of state power of the Russian Federation and its subjects, which, in the author's opinion, will ensure their cooperation in the field of lawmaking and control over implementation adopted laws... Among possible forms consolidation of this principle are offered:
Introduction of the institute of joint legislative initiative of the regions;
Preliminary examination of draft federal laws introduced by the constituent entities of the Russian Federation;
Activation of councils of legislators for federal districts and their interaction with the parliament of the Russian Federation.
In general, regarding the interaction of the Federation Council with other state authorities in the aspect of ensuring a single legal space, it should be noted that it is carried out primarily in legislative process and depends on the degree of involvement of various organs in it.
However, I think one should agree with S.S. Kozlov is that state of the art Russian statehood is characterized by insufficient efficiency of the functioning of power. One of the reasons for this situation is the inconsistency of powers within the current state system. The form of manifestation of the imbalance of powers is the insufficient interaction of state authorities, and, as a consequence, the existing problems of ensuring a single legal space.
In conclusion, the following conclusions can be drawn:
1) the study of the interaction of the Federation Council with other state authorities is of great importance, since it plays an important role in ensuring the unified legal space of Russia;
2) it is necessary to develop effective mechanisms of interaction between the legislative (representative) bodies of state power of the Russian Federation and the constituent entities of the Russian Federation for full-fledged unity in the field of lawmaking and to exercise strict control over the implementation of the adopted laws.
Bibliography
1 The research was carried out with the support of the Federal Target Program “Scientific and Scientific-Pedagogical Personnel of Innovative Russia” (measure 1.2.2, the project “Ensuring a single legal space of the Russian Federation: monitoring regional legislation”), competition NK-160P.
2 Aristotle. Politics. IV, 11, 1, 12, 97 and 30.
3 See: Khabrieva T.Ya., Chirkin V.E. The theory of the modern constitution. - M., 2005.S. 273.
4 Pirbudagova D.Sh., Azizova V.T. Theoretical and methodological aspects of ensuring a unified legal space of the Russian Federation: Textbook. allowance. - Makhachkala, 2010.S. 118.
5 See: A.A. Vikharev Federation Council of the Federal Assembly of the Russian Federation: issues of constitutional theory and practice: Author's abstract. dis. ... Cand. jurid. sciences. - Yekaterinburg, 2002.
6 See: N.I. Shaklein The constitutional and legal status of the federal and regional parliaments of the Russian Federation and the problems of its improvement: a comparative legal study: Author's abstract. dis. ... Dr. jurid. sciences. - M., 2010.
7 See: S. S. Kozlov. The constitutional and legal mechanism of interaction between the parliament and other bodies of state power and local self-government: Author's abstract. dis. ... Cand. jurid. sciences. - SPb., 2003.S. 10.
Share the article with your colleagues:The normative regulation of interaction between both chambers of the Federal Assembly is determined by the Constitution of the Russian Federation, the norms of the Regulations of the Federation Council and the State Duma, decisions of the Constitutional Court and legislative acts federal level.
An analysis of these acts allows us to identify three main forms of interaction between the chambers of the Russian parliament: joint meetings of the chambers, the creation of special bodies and joint activities of the chambers in the legislative process.
The Constitution of the Russian Federation gives the Federation Council an independent place in the legislative process.
See: Poluyan L.Ya. The upper chamber of parliament in the system of state authorities // Analytical bulletin. 2000. No. 34 (190). P. 5.
The right of legislative initiative belonging to the Federation Council and its individual members (part 1 of article 104, article 134 of the Constitution) implies the possibility of their submission of bills to the State Duma (part 2 of article 104 of the Constitution).
Federal laws adopted by the State Duma are submitted to the Federation Council for consideration (part 3 of article 105 of the Constitution). Interaction of chambers in the consideration of federal laws provided for by Art. 106 of the Basic Law. If a federal law is rejected by the Federation Council, the chambers can create a conciliation commission to overcome the differences that have arisen, after which the federal law must be re-considered by the lower house of parliament (part 4 of article 105 of the Constitution). Additional ground for contacts is created when the State Duma overcomes the veto of the Federation Council when the latter disagrees with the federal law adopted by the lower house (part 5 of article 105 of the Constitution). The basis for interaction between the chambers of parliament is the procedure for reconsidering a federal law rejected by the President and approved by the State Duma in accordance with Part 3 of Art. 107 of the Constitution, the adoption of federal constitutional laws (part 2 of article 108 of the Constitution), consideration and adoption of the law of the Russian Federation on an amendment to the country's Constitution (articles 108, 136).
See: E.V. Krestyaninov. Procedural features of the consideration by the Federation Council of federal laws that are and are not subject to its mandatory consideration // State and Law. 1997. N 9.P. 12-20; Avakyan S.A. The Federal Assembly is the parliament of Russia. M., 1999.S. 309, 310.
The constitutional norms were developed in detail in the provisions of the Rules of Procedure of the Federation Council, approved. By the Resolution of the Federation Council of January 30, 2002, the Regulations constitute an impressive set of regulations governing the relationship between the two chambers of parliament in different areas of their activities.
A rather voluminous part of the regulations concerning the joint work of chambers in the legislative (rule-making) sphere: the Chairman of the Federation Council sends draft federal constitutional laws, federal laws approved by the State Duma to the committees of the Federation Council (clause "k", part 1 of article 18 of the Rules of Procedure Federation Council); preparation of the conclusions of the committees of the Federation Council on the draft laws on amendments to the Constitution of the Russian Federation, federal constitutional laws, federal laws on the profile of the relevant committee approved by the State Duma (clauses "c", "d", article 27); normative grounds for priority consideration at a sitting of the Federation Council of amendments to Ch. 3 - 8 of the Constitution of the Russian Federation, draft federal constitutional laws approved by the State Duma, federal laws adopted by the lower house; the procedure for consideration by the Federation Council of federal laws adopted by the State Duma (Ch.
12 of the Regulations); the procedure for overcoming disagreements that arose between the Federation Council and the State Duma in connection with the rejection of the upper house of the federal laws adopted by the State Duma (Chapter 13 of the Rules); provisions concerning the relationship between the chambers during the re-consideration by the Federation Council of federal laws rejected by the President of the Russian Federation (Chapter 14); instructions related to the consideration by the Federation Council of federal constitutional laws reviewed and approved by the State Duma (Articles 121 - 128);
normative grounds for consideration by the Federation Council of issues related to the adoption and entry into force of the laws of the Russian Federation on amendments to the Constitution of the country (Chapter 16); the exercise by the upper house of parliament of the right of legislative initiative, implemented in the form of submission to the State Duma of draft laws of the Russian Federation on amendments to the Constitution, federal constitutional laws, federal laws, bills to amend, supplement or invalidate legislative acts of the USSR, RSFSR, RF, amendments to the bills (Ch. 17).
An even more detailed list of norms that implement the interaction of chambers in the legislative field contains the Rules of Procedure of the State Duma. Of these, we single out the following: granting the Chairman of the State Duma the authority to send approved federal laws to the Federation Council for consideration (clause "k" of Article 11 of the Rules of Procedure); organization of a "voting hour" according to laws rejected by the Federation Council (clause "d", part 4 of article 40); the opportunity to submit a draft resolution of the State Duma by the Federation Council or its members (clause 1 of article 94); an order on the possible presence of members of the upper chamber with the right of an advisory vote at meetings of the responsible committee of the State Duma when discussing the bill (clause 2 of article 113); the procedure for passing bills in different versions of reading in the chambers of parliament (Chapter 13); the procedure for reconsidering federal laws rejected by the Federation Council; the procedure for creating a conciliation commission from among the deputies of the State Duma and members of the Federation Council (Articles 127 - 132); normative grounds governing the procedure for considering proposals for amendments and revision of the provisions of the Constitution of Russia (Ch. 16).
An extremely important role in overcoming the emerging disagreements is played by the conciliation commissions created by the chambers of parliament on an equal footing.
Regardless of whether a "shuttle" or unidirectional procedure for passing a bill (law) is used in a bicameral parliament, the conciliation commissions of the chambers of parliament are extremely important in overcoming the differences that arise. They can act on permanent basis(The Mediation Committee of the Bundestag and the Bundesrat) or be created on a temporary basis to work on a specific bill (Joint Parity Commission in the French Parliament, conference of representatives of chambers in the US Congress, conciliation commission of the chambers of the Federal Assembly of Russia). Decisions made by such commissions may have different powers: in some cases, the commission's decision is of a recommendatory nature and must be approved (or rejected) by the chambers (France, Russia); in other cases, the commission can make a final decision on the law, after which the act is sent to the head of state for signing and promulgation (USA). The procedure for delegating representatives of the chambers to the commission and the procedure for making final decisions also differ. Common in all cases is the principle of parity formation of the commission and its main purpose - to ensure the unity and effectiveness of the actions of the parliament as an integral institution of state power in the division of competence between the chambers of parliament and their independence in the exercise of their own powers.
A special place, along with other ways of interaction between the chambers, is occupied by conciliation commissions to overcome the differences that have arisen in connection with the bills. So, according to Part 4 of Art. 105 of the Constitution, if the law is rejected by the Federation Council, the chambers can create a conciliation commission, after which the federal law is re-considered by the State Duma. A similar commission is created on the initiative of both chambers. For example, the proposal of the State Duma to create a conciliation commission to overcome the differences that have arisen on federal law is now subject to mandatory consideration at a meeting of the upper house of parliament.
The decisions of the conciliation commission are made by separate voting of representatives of the chambers. It is considered adopted if both deputations voted for its adoption.
The protocol of the commission, containing the justification for the impossibility of overcoming disagreements, is discussed at a sitting of the Federation Council. One of the following decisions is taken: to change the proposals of the chamber on the revision of certain provisions of the federal law, to change the composition of the delegation from the Federation Council in the conciliation commission, or to refuse to participate in the work of the conciliation commission.
In the organizational and control sphere, interaction between the chambers takes place during parliamentary hearings. Based on the results of the hearings, resolutions and appeals may be adopted, for example, the Appeal of the Federation Council to the deputies of the State Duma of the Federal Assembly of the Russian Federation on the issue of improving legislative activity.
Deputies of one chamber may be present at a meeting of another. Article 32 of the Rules of Procedure of the Federation Council states that the committee or commission of the upper chamber organizing the hearings has the right to invite deputies of the State Duma. In turn, the members of the Council
Federations can attend any open meeting of the lower house (clause 1 of article 38 of the Rules of Procedure of the State Duma).
Some federal laws define the forms of joint activities of the Federation Council and the State Duma: the work of conciliation commissions created by both chambers of parliament; joint sessions of the chambers; parliamentary hearings, round tables.
One of the forms of interaction is the formation of the Central Election Commission, of 15 members of which, five are appointed by the Federation Council from candidates proposed by the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation; appointment to the office of judges of the country's Constitutional Court, carried out at the suggestion of members of the Federation Council and deputies of the State Duma by the upper house of parliament; the procedure for adopting amendments to the Constitution of the Russian Federation.
More on topic 1 Interaction between the State Duma and the Federation Council of the Federal Assembly of the Russian Federation:
- §5. The status of a deputy of the State Duma and a member of the Federation Council of the Federal Assembly
- 3. The structure of the State Duma of the Federal Assembly of the Russian Federation
- 2. Powers of the State Duma of the Federal Assembly of the Russian Federation
- 4. The order of work of the State Duma of the Federal Assembly of the Russian Federation
- 1. Interaction of the Federal Assembly of the Russian Federation with other state authorities
- FEDERATION COUNCIL OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION (SF RF)
- 2. Procedure for the work of the Federation Council of the Federal Assembly of the Russian Federation
- Kazan is for real federalism. To the sixth anniversary of the Treaty of the Russian Federation and the Republic of Tatarstan F. Mukhameppin, Chairman of the State Council of the Republic of Tatarstan, member of the Federation Council of the Federal Assembly of the Russian Federation
- 1 Structure of the Federation Council of the Federal Assembly of the Russian Federation
- 1 Powers of the Federation Council of the Federal Assembly of the Russian Federation
- Interaction of the President of the Russian Federation with the Federal Assembly
- Lecture 8. Interaction of the chambers of the Federal Assembly of the Russian Federation between themselves and with other state authorities
- Regulations on the representative of the Council - Deputy President of the Federal Chamber of Lawyers of the Russian Federation in the Federal District Approved by the Council of the Federal Chamber of Lawyers of the Russian Federation on August 25, 2003. (protocol No. 3)
- Development of federal relations in Russia V. N. Likhachev, Doctor of Law, Professor, Deputy Chairman of the Federation Council of the Federal Assembly of the Russian Federation
- Status of a deputy of the State Duma and a member of the Federation Council
- Copyright - Agricultural law - Bar - Administrative law - Administrative process - Stock law - Budget system - Mining law - Civil procedure - Civil law - Civil law of foreign countries - Contract law - European law - Housing law - Laws and codes - Suffrage - Information law - Enforcement proceedings - History of political doctrines -
The Federation Council hosted an annual meeting of the Chairman of the Federation Council, Sergei Mironov, with secretaries of state - deputy heads of federal executive bodies on the main directions of legislative activity in the medium term and the participation of state authorities of the Russian Federation in it.
The Chairman of the Federation Council called on not to lose the momentum of legislative work and “to start a new session with a clear idea of the tasks we face, at least in the medium term,” opening a meeting with the secretaries of state. Sergey Mironov believes that a regime of constructive interaction has been established between the Federation Council and the Government of the Russian Federation at all stages of legislative regulation of public relations - from conceptual discussion of future laws to analysis of law enforcement practice. At the same time, the head of the Federation Council noted that the institute of state secretaries of federal executive bodies makes a useful contribution to this cooperation.
According to him, federal bodies executive power actively participate in the monitoring system of the legal space of the country, created on the initiative of the Federation Council. Materials of the legislative and executive authorities, considers Sergey Mironov, allow you to objectively assess the quality existing laws and their effectiveness practical application, timely identify objective needs for the improvement and development of legislation.
Analyzing the work of the Federation Council for Last year, Sergey Mironov reported that 9 conciliation commissions have been created on the laws rejected by the chamber. According to the Speaker of the Federation Council, “the search for consensus within the framework of the conciliation commissions serves to the benefit of our common cause».
Federation Council concerns, reported Sergey Mironov, cause laws regulating quotas for catching crabs, the circulation of ethyl alcohol, the procedure for empowering investigators The Investigative Committee at the Prosecutor's Office of Russia. “Although they were approved by the Chamber, they undoubtedly need constant monitoring not only from our side, but also from the Government,” he said.
The head of the Federation Council noted with regret that so far it has not been possible to arrange public expertise bills through structures Public Chamber and involve its members in monitoring socially significant laws.
Combining the efforts of legislators and the executive, according to Sergei Mironov, made it possible to create a good legal groundwork for ensuring sustainable economic growth and competitiveness of Russia, implementing constitutional rights citizens, protecting national interests and countering threats to the country's security.
Talking about the tasks of the coming period, Sergey Mironov emphasized that it is necessary to minimize legislative risks that impede the achievement of the goals of legal regulation. To achieve this, the head of the Federation Council, it is possible through strategic planning of lawmaking activities based on deep understanding and conceptual study of the entire variety of information. “Through joint efforts, we can put this important state task on a regular and systematic basis,” he said.
Sergey Mironov noted that the Federation Council is taking active steps to fulfill this task when determining priorities legislative support the most significant areas public policy... In particular, the speaker of the Federation Council is sure that the country needs a fundamentally new regional policy aimed at the harmonious development of all territorial communities. “The time has come for strategic spatial planning of the country's development. And you need to start this work from the basic Federal law“On the state regional policy in the Russian Federation,” he explained.
The Chairman of the Federation Council also recalled that recently the Federation Council discussed the draft Doctrine social policy in our country. “This document clearly shows how far we are still from implementation constitutional principles the welfare state and what tasks we face in order to bridge this gap, ”said Sergey Mironov.
In order to fulfill the tasks set, the Chairman of the Federation Council believes that efforts to improve the organization of the legislative process should not be weakened. And, first of all, it is necessary to transfer the monitoring of legislation and law enforcement practice on a regular basis. Sergey Mironov expressed confidence that in the coming year the interaction of the Federation Council with the State Duma and the Government of the Russian Federation will reach a new, more effective level.
The Deputy Chairman of the Government made a report on the plan of legislative activity of the Government of the Russian Federation Alexander Zhukov.
As part of the meeting, a video conference was held with the participation of the Chairman of the Bryansk Regional Duma Vladimir Gaidukov and Chairman of the Ivanovo Regional Duma Andrey Nazarov.
The Deputy Chairperson of the Federation Council made a closing remarks to the audience Svetlana Orlova, which noted that recently a good mechanism of interaction between the executive and the legislature... However, it is necessary to more clearly define and highlight the strategic objectives of this cooperation.
The meeting was attended by representatives of the Government of the Russian Federation, the Administration of the President of the Russian Federation, The Accounts Chamber RF, heads of ministries and departments.
At the end of the meeting, the Chairman of the Federation Council Sergey Mironov and Deputy Prime Minister of the Russian Federation Alexander Zhukov answered journalists' questions.