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

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1. The jurisdiction of the Federation Council includes:

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

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

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

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

e) appointment of elections of the President of the Russian Federation;

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

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

h) appointment and dismissal of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation * (21);

i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

2. The Federation Council adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation.

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

Commentary on Article 102 of the Constitution of the Russian Federation

1. A. The powers of the Federation Council provided for in paragraph "a" correspond to the norm of Part 3 of Art. 67 of the Constitution, according to which the borders between the subjects of the Russian Federation can be changed with their mutual consent. The need for approval by the Federation Council of such changes is due to the fact that they may affect the interests of both the Federation itself and its other subjects, and coordination of these interests is required.

The borders between the subjects of the Russian Federation are not state, but administrative borders. They exclude the creation of border control and customs regime. According to Part 1 of Art. 8 of the Constitution in the Russian Federation guarantees the unity of the economic space, the free movement of goods, services and financial resources. The procedure for changing administrative boundaries between subjects of the Russian Federation differs from the procedure for changing the State Border of the Russian Federation, including in cases where a subject of the Russian Federation borders on another state. The boundaries between the subjects of the Russian Federation are changed with their mutual consent (see the commentary to part 3 of article 67). In practice, the borders between the subjects of the Russian Federation usually changed in connection with the transfer of some settlements from one subject of the Russian Federation to another (between the Vladimir and Ivanovo, Vologda and Kostroma regions, etc.), sometimes areas were transferred (for example, the transfer of the Sokolsky district from Ivanovo to the Nizhny Novgorod region ). Such changes are most often due to the economic ties of the territories, the nature of the means of communication, the creation of convenience for the population in connection with the attraction of citizens to certain centers, etc. Many of these changes were related to the wishes of the citizens of certain settlements. Prior to the transfer of settlements, referendums were held among the population, as provided for by the legislation of the Russian Federation relating to municipalities.

In accordance with Art. 145 of the Regulations of the Federation Council, when considering the issue of changing the borders between the subjects of the Russian Federation, the Federation Council shall submit: an agreement on changing the boundaries approved by the legislative (representative) bodies of state power of these subjects, a rationale for changing the boundaries agreed by the subjects of the Russian Federation, and a map of the area. These documents are sent by the Speaker of the Federation Council to the Committee of the Federation Council on Federation Affairs and Regional Policy for the preparation of an opinion. It is considered at a meeting of the Federation Council, which, by a majority vote of the total number of members of the Federation Council, adopts a resolution approving the new borders. However, the question remains unresolved in legal terms: what to do if the Federation Council does not agree with the opinion of the constituent entities of the Russian Federation and does not approve their agreement on changing the border.

B. Article 102 of the Constitution, establishing the jurisdiction of the Federation Council, refers to them the approval of the decree of the President of the Russian Federation on the introduction of martial law. Thus, this power belongs to the exclusive jurisdiction of the Federation Council. In the event of aggression against the Russian Federation, the immediate threat of aggression, the President introduces martial law on the territory of the Russian Federation or in its individual areas. The constitutional duty of the President is to immediately report this to the State Duma and the Federation Council. If the message to the State Duma is of a notification nature, then the Federation Council approves the introduction of martial law by the President.

The issue of approving the decree on the introduction of martial law must be considered by the Federation Council within 48 hours from the receipt of this decree. If, due to extraordinary and unavoidable circumstances under the given conditions, a meeting of the Federation Council cannot be held at the established time, such an issue may be considered later than the specified period. The decision to approve a presidential decree on the introduction of martial law is taken by a majority of votes from the total number of members of the Federation Council and is formalized by an appropriate resolution.

If this decree is not approved by the Federation Council, such a decision is also formalized by a resolution of the Federation Council. A Presidential decree on the introduction of martial law, not approved by the Federation Council, ceases to be valid from the day after the adoption of such a decision, about which the population is notified in the same manner in which it was notified about the introduction of such a state.

C. The introduction of a state of emergency is a temporary measure used solely to ensure the safety of citizens and protect the constitutional order of the Russian Federation. The purpose of the introduction is to eliminate the circumstances that served as the basis for it. The authority to introduce it belongs to the President with an immediate notification of this to the Federation Council and the State Duma. The message to the State Duma is mainly of a notification nature. The Federation Council, in accordance with the Constitution, approves the presidential decree on the introduction of a state of emergency. The procedure for such approval is established by the Law on Emergency.

After the announcement of the presidential decree on the introduction of a state of emergency, the members of the Federation Council are obliged to arrive at the meeting place as soon as possible without a special call. The issue of approving such a presidential decree is considered by the Federation Council as a matter of priority. The Federation Council, within a period not exceeding 72 hours from the moment of promulgation of the decree, considers the issue of its approval and adopts an appropriate resolution. Considering this issue, the Federation Council checks the validity of the adoption of the decree on the state of emergency.

If the Federation Council has not adopted such a decree, then the latter becomes invalid after 72 hours from the moment of its promulgation, about which the population is notified. The period of validity of a state of emergency imposed throughout the territory cannot exceed 30 days, and imposed in certain areas - 60 days.

When a state of emergency is introduced, the Federation Council and the State Duma continue their work throughout the entire period of the state of emergency.

D. The commented paragraph establishes the possibility of using the Armed Forces of the Russian Federation outside the country. The procedure for such use is regulated by Federal Law No. 93-FZ of June 23, 1995 "On the procedure for providing the Russian Federation with military and civilian personnel to participate in activities to maintain or restore international peace and security."

The Armed Forces are used outside the country in peacekeeping operations and in other cases provided for by the UN Security Council in accordance with the UN Charter, by regional bodies or within the framework of regional bodies or agreements of the Russian Federation, or on the basis of bilateral or multilateral international treaties and which are not, according to the Charter, UN enforcement action, i.e. peacekeeping activities; as well as in international coercive actions with the use of armed forces by decision of the UN Security Council, adopted in accordance with the UN Charter to eliminate a threat to the peace, breaches of the peace or an act of aggression.

It should be emphasized that the Russian Federation, as a sovereign state, independently and taking into account its obligations under the UN Charter and international treaties, determines in each case the expediency of participating in peacekeeping activities. Participants in peacekeeping operations include both military and civilian personnel. This Federal Law does not apply to the procedure for using the Armed Forces of the Russian Federation in the exercise of Russia's inalienable right to individual or collective self-defense to repel an armed attack in accordance with Art. 51 of the UN Charter.

The decision to send military personnel outside the territory of the Russian Federation to participate in peacekeeping activities is made by the President, who determines their area of operation, tasks, subordination, length of stay, replacement procedure, and also establishes, in accordance with the law, additional guarantees and compensations for the specified military personnel and members of their families. The decision to send civilian personnel outside the territory of the Russian Federation on a voluntary basis to participate in peacekeeping activities is made by the Government of the Russian Federation. All these decisions are made on the basis of a resolution of the Federation Council on the possibility of using the Armed Forces outside the territory of the Russian Federation. This resolution is adopted by the Federation Council on the basis of paragraph "d" part 1 of Art. 102 of the Constitution.

The President, in accordance with the law, makes a decision to withdraw these military formations if, due to a change in the international military-political situation, their further participation in peacekeeping activities becomes inappropriate. The President shall inform the Federation Council and the State Duma of the decision taken.

In the Definition of the Constitutional Court of the Russian Federation of December 4, 1995 N 115-O, the correlation of the constitutional provisions formulated in paragraph "d" part 1 of Art. 102 and p. "d" Art. 106 of the Constitution. The Applicant believed that if the Federation Council agreed to the ratification of an international treaty providing for the possibility of using the Armed Forces outside the territory of Russia, then by doing so he used his authority under paragraph "d" part 1 of Art. 102 of the Constitution. The Constitutional Court came to the conclusion that consideration by the Federation Council of the law adopted by the State Duma on the ratification of any international treaty, including on the use of the Armed Forces, is mandatory, regardless of whether or not a preliminary resolution by the Federation Council on the use of the Armed Forces outside countries.

D. In accordance with Art. 5 of the Law on Elections of the President of the Russian Federation, the holding of presidential elections within the time limits established by the Constitution is mandatory. The decision to call elections must be made by the Federation Council no earlier than 100 days and no later than 90 days before voting day. If the Federation Council does not call the presidential elections within the period established by law, the elections are called and held by the CEC of the Russian Federation. If the President terminates his powers before the expiration of the constitutional term, the Federation Council no later than 14 days from the date of such termination of powers calls early presidential elections. The day of voting in this case is the last Sunday before the day when three months expire from the date of early termination of the performance of duties by the President. The decision of the Federation Council on early elections is published in the media no later than five days from the date of its adoption. This practice took place in 2000, when, in connection with the resignation of the President of the Russian Federation B.N. Yeltsin on December 31, 1999, early presidential elections were scheduled for March 26, 2000.

E. The procedure for removing the President from office is regulated in detail by Art. 93 of the Constitution. The final decision is made by 2/3 of the votes of the constitutional number of members of the Federation Council. It must be adopted within three months after the State Duma charges against the President. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered dismissed. The Federation Council in Russia did not consider such cases. In 1999, not a single charge against President B.N. Yeltsin was not accepted by the State Duma, and, consequently, the case did not go to the Federation Council.

G. The procedure for the appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation is regulated by Art. 173-178 of the Regulations of the Federation Council. Candidates for appointment to these positions (as well as to the positions of judges from Russia to the CIS Economic Court) are submitted to the Federation Council by the President or, on his behalf, by the President's plenipotentiary in the Federation Council (in practice, the latter method is used). This issue is considered by the Federation Council within 14 days from the date of receipt of the President's proposal. Candidates for these positions are preliminary discussed in the Federation Council Committee on Legal and Judicial Issues, which prepares an opinion on each candidate. Applicants may be invited to a Committee meeting, but this is not required. At the plenary session of the Federation Council, the conclusions of the Committee on Legal and Judicial Issues are heard, and a discussion takes place. Each candidature presented by the President, regardless of the Committee's opinion on it, is included in the ballot for secret ballot. A person who receives a majority of votes from the total number of members of the Federation Council in a secret ballot is considered appointed. The appointment is formalized by a resolution of the Federation Council. If a candidate (candidates) is rejected, the Federation Council may adopt a resolution proposing to the President to hold consultations in order to overcome the disagreements that have arisen. To conduct consultations, the Federation Council forms a group of members of the Federation Council or entrusts them to the Speaker of the Federation Council.

A person appointed to the position of a judge of the Constitutional Court of the Russian Federation, unlike judges of other higher courts, is sworn in by the Chairman of the Federation Council at a meeting of the chamber in a solemn atmosphere. The judge of the Constitutional Court pronounces the oath, placing his hand on the Constitution (the text of the oath is established by the Law on the Constitutional Court of the Russian Federation), and signs the corresponding text with the date. The Chairman of the Federation Council shall hand over to the appointed members of other higher courts a copy of the resolution of the Federation Council on the appointment.

3. A candidate for appointment to the position of Prosecutor General of the Russian Federation is submitted to the Federation Council by the President or, on his behalf, by the President's plenipotentiary in the Federation Council (in practice, the latter method is used). The Federation Council must consider the candidacy within 30 days from the day following the day the submission was received. The candidacy is preliminary discussed in the Federation Council Committee on Legal and Judicial Affairs, as well as in the Defense and Security Committee. The decision to appoint the Prosecutor General is made at meetings of the Federation Council by secret ballot. The Attorney General is considered to be appointed to office if the majority of the total number of members of the chamber voted for the submitted candidate. If such a majority is not obtained, the candidature shall be deemed rejected. Both results are formalized by a resolution of the Federation Council. If a positive decision is not made, the President, within 30 days, submits to the Federation Council a new candidate for the position of Prosecutor General. The issue of dismissal of the Prosecutor General is considered by the Federation Council at the proposal of the President, the proposal is preliminary discussed in the above-mentioned committees. They are preparing their conclusions for a meeting of the Federation Council. To resolve the issue, a majority vote of the total number of members of the Federation Council is required by secret ballot (see commentary to Article 129).

The practice of appointing and dismissing the Prosecutor General from office is varied. Sometimes the Federation Council did not make a decision the first time. The President has no right to dismiss the Prosecutor General, but in 1999 he suspended his powers (see commentary to Article 129). In accordance with the Law on the Prosecutor's Office, the Federation Council also appoints and dismisses the first deputy and deputies of the Prosecutor General. A similar procedure is used (Article 186 of the Rules of the Federation Council).

I. In accordance with the Federal Law "On the Accounts Chamber of the Russian Federation", the Deputy Chairman of the Accounts Chamber and auditors (since 2007) are appointed by the Federation Council on the proposal of the President for a period of six years. The President submits candidates to the Federation Council no later than three months before the expiration of the powers of the current Deputy Chairman of the Accounts Chamber and auditors. Conclusions on candidates are given by the commission of the Federation Council for interaction with the Accounts Chamber. In case of early dismissal of the Deputy Chairman of the Accounts Chamber, the President submits candidates for these positions within two weeks, the vacant position of the auditor must be filled within two months. In case of rejection, the President introduces a new candidate, while he has the right to re-submit the same candidate for consideration by the Federation Council or introduce a new one.

Citizens of the Russian Federation who do not have foreign citizenship or a residence permit on the territory of a foreign state, who have higher education and professional experience in the field of state control, economics and finance, may be appointed as Deputy Chairman of the Accounts Chamber and auditors. Within 1/4 of the total number of auditors of the Accounts Chamber, it is allowed to appoint persons with higher education and professional experience of a different profile to the positions of auditors.

The resolution on the appointment is adopted by the Federation Council by secret ballot by a majority vote of the total number of its members. The Deputy Chairman of the Accounts Chamber and auditors are not entitled to engage in other paid activities except for teaching, research and other creative activities.

2. Resolutions of the Federation Council adopted on matters within its jurisdiction shall be signed by the Chairman of the Federation Council or his deputy. Unlike laws approved by the Federation Council, its resolutions do not require the signature of the President.

3. The adoption of resolutions of the Federation Council by a majority vote of the total (i.e., the composition provided for by the Constitution, regardless of the actual staffing of the chamber) of its members reflects the usual practice of making important decisions by many collegiate bodies. Most decisions of the Federation Council are adopted in this order. At the same time, a different procedure for making decisions by the Federation Council is allowed, if it is provided for by the Constitution. For example, the decision to remove the President from office is taken by 2/3 of the votes (Article 93 of the Constitution), while federal constitutional laws need to be approved by a majority vote of at least 3/4 of the total number of members of the Federation Council. Certain procedural issues may be resolved by a majority of the members of the Federation Council present.

Lecture Search

Russian Federation;

a) the federal budget;

e) war and peace.

Conclusion

In the course of this work to improve legislation, for the first time in the modern legal history of the Russian Federation, the concept of a faction of deputies of the State Duma was fixed at the level of the Federal Law. As you know, before the adoption of the Federal Law "On Amendments", the content of the concept of "fraction" in the State Duma was fixed exclusively in the Regulations of the State Duma, i.e. in the by-law.

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

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

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

Bicameral Parliament

The division into two chambers was not invented in Russia. Parliament exists to pass and approve laws. The bicameral system of parliament assumes that the lower house develops and proposes these laws for consideration, and the upper house approves them. Two parliamentary chambers exist in many countries of Europe and America.

The division into two chambers was introduced so that all regions of the country had their representative in the main legislative body of the country, and also so that one chamber controlled the activities of the other.

The Federation Council can approve a law only after it has been approved by the State Duma. At the same time, the upper house cannot change anything in the law, but only agree with its adoption or disagree.

The upper house (Federation Council) also bears the informal name "senate", by analogy with the foreign system of separation of state power. It includes members of the Federation Council (they are not deputies). Deputies make up the State Duma (lower house). Each convocation in a thought is typed 450 deputies.

The Federation Council makes decisions in cases when it comes to an important geopolitical issue - changing borders within the country. They also assert a state of emergency in the country, if the decision on its introduction is made by the president. The Federation Council regulates the participation of the armed forces of the Russian Federation if the war is not fought on the territory of the country. The Federation Council can impeach the president when 2/3 of the State Duma members express their distrust of the president. The Upper Chamber appoints judges of the main courts of the country (Constitutional, Supreme, Supreme Arbitration), the Prosecutor General of the Russian Federation and the Deputy Chairman of the Accounts Chamber, as well as 50% of its auditors.

The Federation Council without fail considers the laws adopted by the State Duma relating to the country's budget; federal taxes and fees; financial regulation, issuance of new money into circulation; conclusion and termination of international treaties by Russia; issues of the country's borders and its participation in hostilities.

If the law is approved by the upper house, five days are given to send it to the president. The head of the country has two weeks to sign the law and inform the population about it.

The president and head of government cannot dissolve the Federation Council. In turn, for the appointment of the president, it is necessary to obtain the consent of the Federation Council. The removal of the president from office is also within the powers of the upper house of parliament.

The upper chamber has its own chairman. Since 2011, he has been Valentina Matvienko, who became the first woman in the history of Russia to hold this position. In accordance with the rules for forming the composition of the upper chamber, when two people are delegated from a constituent entity of the country, a Petersburger represents the executive body (in this case, the city government) of the government of St. Petersburg in the Federation Council. The representative body (in this case, the Legislative Assembly of St. Petersburg) of the same region delegated Andrey Kutepov to the Council.

In 2016, 18 new representatives of 39 regions of the country received senator seats. They replaced their predecessors, whose powers were terminated. Some members of the Council returned after a break in their activities. For example, the widow of Anatoly Sobchak, Lyudmila Narusova, will resume her activities in the Federation Council, interrupted in 2012. Narusova will represent Tuva as appointed by its head Sholban Kara-oola.

What does the State Duma do

First of all, the State Duma exists to pass laws and approve the country's budget. In addition, in accordance with Article 103 of the Constitution, the State Duma has the following powers:

gives consent to the president for the appointment of the prime minister of the Russian Federation (the second name for the chairman of the government);
resolves the issue of confidence in the government;
every year listens to the reports of the government on its activities, in particular on issues raised by the lower house;
appoints the Chairman of the Bank of Russia and dismisses him from his post;
appoints to the post of Chairman of the Accounts Chamber and 50% of its auditors, as well as dismisses them;
appoints the Commissioner for Human Rights, as well as dismisses him from his post;
releases from judicial punishment or replaces it with a milder one (amnesty);
when deciding to remove the president from office, he formulates charges against him.

Only the State Duma decides on confidence in the government. The government of the Russian Federation (which consists of the chairman, his deputies and ministers) and the president himself report on their work to the lower house. However, by decree of the President, the State Duma may be dissolved. This happens when the Duma three times in a row disagreed with the candidate for the position of Prime Minister proposed by the president and expressed no confidence in the government for three months in a row. The only case when, under the above conditions, the Duma cannot be dissolved is if it has been operating for the first year.

State Duma now

The seventh convocation of the lower house of parliament brought its own changes. Vyacheslav Volodin, former deputy head of the presidential administration, was appointed speaker of the State Duma. He took the place of Sergei Naryshkin, who chaired the Duma of the sixth convocation, and now took the post of head of the Foreign Intelligence Service.

United Russia currently has an absolute number of votes in the lower house. This means that United Russia may no longer consult with representatives of other factions when adopting laws and solving other important issues. In general, six parties are represented in the Duma of the seventh convocation. The Communist Party of the Russian Federation got 42 mandates, the Liberal Democratic Party - 39, "Fair Russia" received 23 mandates. Representatives of two non-parliamentary parties also received seats in the State Duma. This is "Motherland", which received one mandate, another one - from the "Civil Platform".

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

Lecture Search

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

The powers of a member of the Federation Council are terminated ahead of schedule on the grounds provided for by part one of Article 4 of the Federal Law "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation."

The powers of a member of the Federation Council may also be prematurely terminated by the legislative (representative) body of state power of a constituent entity of the Russian Federation that elected (appointed) him or her, respectively, or by the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) in the same manner in which he is elected (appointed) as a member of the Federation Council, on the proposal of the Chairman of the Federation Council.

The jurisdiction of the Federation Council includes:

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

- approval of decrees of the President of the Russian Federation on the introduction of martial law and on the introduction of a state of emergency;

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

— appointment of elections of the President of the Russian Federation;

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

— appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court

Russian Federation;

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

— appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors;

- legislative activity, consideration of federal laws adopted by the State Duma, consideration of federal laws adopted by the State Duma on the issues of ratification and denunciation of international treaties, issues of foreign policy and inter-parliamentary cooperation, international activities;

— coordination of the appointment and recall of diplomatic representatives;

— appeal to the Constitutional Court of the Russian Federation;

— appointment and dismissal of members of the Central Election Commission of the Russian Federation.

The Federation Council adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation. They are adopted by a majority vote of the total number of members of the Federation Council, unless a different decision-making procedure is provided for by the Constitution of the Russian Federation.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council:

a) the federal budget;

b) federal taxes and fees;

c) financial, currency, credit, customs regulation, money issue;

d) ratification and denunciation of international treaties of the Russian Federation;

e) the status and protection of the state border of the Russian Federation;

e) war and peace.

In the article "The Federal Assembly of Russia: Prospects for Improving the Organization and Activities"1 Doctor of Law, Professor S.A. Avakyan notes that the procedure for the formation of the Federation Council also causes certain concerns. Today's, third, version of the formation of the chamber is imperfect, which was revealed in various areas:

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

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

3) the chamber has no face and a bright style of activity.

Conclusion

In the spring and summer of 2005, the federal electoral legislation and the legislation of a number of related branches of law were significantly updated. Federal Law No. 51-FZ “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation” was adopted, according to which all deputies of the State Duma of the fifth convocation will be elected exclusively by proportional system, as well as Federal Law No. 93-FZ “On Amendments to legislative acts of the Russian Federation on elections and referendums and other legislative acts of the Russian Federation”, according to which uniform voting dates are established, the institution of electoral blocs is abolished, and significant changes are made to intra-parliamentary activities.

As you know, before the adoption of the Federal Law "On Amendments", the content of the concept of "fraction" in the State Duma was fixed exclusively in the Regulations of the State Duma, i.e. in the by-law.

In accordance with paragraph 4 of Art. 2 of the Federal Law "On Amendments" The Federal Law "On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation" is supplemented by Art. 7.1, which establishes that a faction is an association of deputies of the State Duma elected as part of the federal list of candidates, which was admitted to the distribution of deputy mandates in the State Duma. The faction includes all deputies of the State Duma elected in the corresponding federal list of candidates. Fractions in the State Duma are registered in accordance with the Regulations.

Based on the above definition of the faction, and also taking into account the whole range of amendments proposed by the Federal Law "On Amendments", it can be argued that in the State Duma of the fifth convocation the faction will be the only deputy association - deputy groups as independent participants in intra-parliamentary activities are abolished. In making this decision, the legislator was guided by the fact that deputy groups in their modern concept are primarily associations of single-mandate deputies and independent deputies. Taking into account the transition to a fully proportional electoral system for elections to the State Duma, in which all deputies will be nominated in the lists exclusively by political parties, deputy groups become an extra element.

At the same time, it should be noted that the above-mentioned short story provides for the “automatic” inclusion of a deputy in the composition of the corresponding faction. As you know, the current norms of the Regulations provide for the exclusively voluntary entry of a deputy into a faction after the relevant deputy submits his application.

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

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

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

Given the above positive points, it should be noted that in the absence of a strong system of political parties in Russia, the novels under consideration can only create some prerequisites for its formation, but by no means solve all issues. So, for example, a strict ban on leaving a faction does not at all prohibit a deputy, formally remaining a member of a faction and not submitting an application for withdrawal, not to participate in its work, to vote at meetings against the decisions developed by the faction, that is, in fact, not to be a member of it.

Of course, federal legislation cannot contain such provisions (including it is impossible to legally establish the obligation of a deputy to vote in accordance with the will of the faction to which he is a member, or the political party to which he is a member), since they contradict both the letter and spirit of the Constitution. Russian Federation and the principles of a democratic state. However, the absence of such legal norms should by no means be considered by the deputies of the State Duma as their complete lack of control or as an opportunity to be elected under the guise of one political ideology, and after receiving a deputy mandate to act in accordance with completely different ideologies and beliefs, or to change their views depending on the momentary situation. .

Another fundamental novelty included in the Federal Law "On Status" was the new edition of Parts 1 and 2 of Art. 8. After the entry into force of these provisions, a deputy of the State Duma will be obliged to maintain contact with voters, that is, to consider voters' appeals, to personally receive citizens in the manner and within the time limits established by the Regulations of the State Duma, but at least once every two months, to conduct meetings with voters at least once every six months, as well as to carry out other measures provided for by the legislation of the Russian Federation to ensure communication with voters.

At the same time, a deputy of the State Duma who was a candidate in the regional group of candidates of the federal list of candidates will have to maintain contact with voters in the territory to which this regional group of candidates corresponded (that is, with voters in the corresponding subject of the Russian Federation, the corresponding group of subjects of the Russian Federation or on a part of the territory of the subject of the Russian Federation). A State Duma deputy who was included as a candidate on the federal part of the federal list of candidates will have to maintain contact with voters in the subject (subjects) of the Russian Federation not covered (not covered) by the regional groups of candidates of the specified list, among which deputy mandates are distributed, and if necessary - and in another subject (other subjects) of the Russian Federation. For such a deputy of the State Duma, the subject (subjects) of the Russian Federation will be determined by the faction in the State Duma in which he is a member.

It should be noted that in accordance with the current legal regulation, maintaining communication with voters will be fixed more imperatively and will become the direct responsibility of the deputy. In addition, for the first time at the level of the Federal Law, specific terms are fixed in which a deputy must, for example, meet with voters.

At the same time, as some negative point, it should be noted that the sanction for violations of this obligation was not established in the Federal Law “On Status”. Of course, there are general legal mechanisms for compelling an official to fulfill his duties, but I believe that in this situation, given the status of a deputy of the State Duma, they will not be so effective.

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What is the executive branch? What functions does it perform? What is the difference between the executive and the judiciary? What organs does it consist of? We will answer these frequently asked questions in our material.

Executive power is one of the three types of power in countries with its division. The Constitution of the Russian Federation contains the statement that state power in Russia is divided into legislative, executive and judicial(Art. 10). What is the difference between these three types of power and what exactly does each of them do? What is the structure of each of these types of power in our country? Today in our article we will talk about executive power.

If with judiciary everything is more or less clear (the judiciary is made up of the country's judicial system, which includes the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration and constitutional courts), then the situation with the other two types is not so simple.

Legislature- Legislative power. It is managed by a separate legislative body. In the Russian Federation, legislative power is exercised by the Federal Assembly. It consists of two chambers - upper and lower. The top is called the Federation Council. The lower one is the State Duma of the Russian Federation. In the constituent entities of Russia, legislative power is exercised by Legislative Assemblies.

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

Executive authorities its implementation is carried out. These are usually appointed bodies. The main task of the executive authorities is to comply with the provisions of the Constitution, federal laws, and other normative acts. Executive power and legislative power must be strictly separated so as not to influence each other.

Subjects of executive power

Taking into account federal structure Russia has the following subjects of executive power:

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

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

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

Accordingly, there is a division into federal executive authorities and executive authorities of subjects (regional). The federal executive authorities in the Russian Federation consist of three links - these are ministries, federal services and federal agencies.

Federal executive authorities

federal Service- the general name of the federal government body that exercises control and supervision over the implementation of legal norms in a certain area. federal agency- a kind of federal executive bodies of Russia. The main functions are law enforcement, the provision of public services, and the management of state property. ministries manage a specific area of activity each.

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

In the same spring, the President ordered the creation of the Federal Service of the National Guard Troops of the Russian Federation (Rosgvardia). It also exercises executive power. The internal troops of the Ministry of Internal Affairs were transformed into the National Guard. The National Guard represents the federal executive authorities.

At the moment, the executive bodies of state power (federal) have the following structure:

1. Ministry of Internal Affairs of the Russian Federation (MVD of Russia)

2. Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters (EMERCOM of Russia)

3. Ministry of Foreign Affairs of the Russian Federation (MFA of Russia)

4. Ministry of Defense of the Russian Federation (Ministry of Defense of Russia)

5. Ministry of Justice of the Russian Federation (Ministry of Justice of Russia)

6. State Courier Service of the Russian Federation (SFS of Russia)

7. Foreign Intelligence Service of the Russian Federation (federal service) (SVR of Russia)

8. Federal Security Service of the Russian Federation (federal service) (FSB of Russia)

9. Federal Service of the National Guard Troops of the Russian Federation (Federal Service)

10. Federal Security Service of the Russian Federation (federal service) (FSO of Russia)

11. Federal Financial Monitoring Service (Rosfinmonitoring)

12. Federal Archival Agency (Rosarchiv)

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

14. Administration of the President of the Russian Federation (federal agency)

15. Investigative Committee of the Russian Federation (Investigative Committee) (federal state body)

What does the executive branch do?

One of the executive authorities is the Ministry of Justice of the Russian Federation. This federal ministry is engaged in the development and implementation of state policy and legal regulation, and also performs law enforcement functions and functions of control and supervision in the areas of execution of criminal penalties, advocacy and advocacy, notaries and notaries, the provision of free legal assistance and legal education of the population and others.

The Minister of Justice, like other ministers, is appointed by the President of the Russian Federation. The apparatus of the Ministry of Justice consists of the central office, territorial bodies of the Ministry of Justice, forensic institutions, the Scientific Center for Legal Information and other divisions. Executive power in its bodies often has a complex and branched structure.

Regional executive authorities

The executive authorities of the constituent entities (regional bodies) consist of committees(in Moscow and St. Petersburg), departments and main offices. Executive authorities in the region are also administrations, governments, which are led by the head of the administration, the governor or the chairman of the government. The name of the executive authority and its structure are established by the subject of the federation in accordance with local traditions and characteristics.

The executive power, through its bodies in accordance with their powers, solves the problems of ensuring the socio-economic development of the region in direct interaction with the bodies of representative power. The basis for the formation of regional governance structures is an exemplary structure determined by the Government of the Russian Federation.

At the same time, when creating structural subdivisions of regional executive authorities and coordinating their composition, the specifics of a particular region are taken into account. Regional executive authorities are characterized by a significant diversity of structures, composition and number.

Signs of executive power

The executive branch has the following signs:

is a limited and relatively independent branch of government;
is a conductor of state policy in life;
sub-legislative in nature and purpose;
objectified in the form of a well-organized system of executive authorities;
its activity is executive-administrative and is permanent, continuous in time;
is the exclusive owner of material resources and coercive powers.

In one of the following materials, we will continue talking about the three types of power and analyze what is legislature.

from office

In accordance with paragraph "e" of Part 1 of Article 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes the appointment of elections for the President of the Russian Federation. And in accordance with paragraph "e" of part 1 of the same article - the removal of the President of the Russian Federation from office.

The Federation Council must adopt a resolution on calling the election of the President of the Russian Federation in one of two cases: when the term of office of the President expires or when the office of President is vacated ahead of schedule.

Holding elections of the President of the Russian Federation within the terms established by the Constitution is mandatory. The decision to call elections must be made no earlier than 100 days and no later than 90 days before voting day. Voting day is the second Sunday of the month in which voting was held in the previous general presidential elections and in which the President of the Russian Federation was elected four years ago. The decision to call elections is subject to official publication in the media no later than five days from the date of its adoption11.

Early elections of the President of the Russian Federation are called by the Federation Council when the President of the Russian Federation terminates the exercise of his powers before the expiration of the constitutional term in the cases provided for by Part 2 of Article 92 of the Constitution of the Russian Federation. The day of voting in this case is the last Sunday before the day when three months expire from the date of early termination of the exercise of powers by the President of the Russian Federation.

In the event that the President of the Russian Federation terminates the exercise of his powers before the expiration of the constitutional period, in the cases and in the manner provided for by the Constitution of the Russian Federation, early elections are called by the Federation Council no later than 14 days from the date of such termination of powers12.

Neither the Constitution, nor the said law, nor the Regulations have regulated the issue of calling presidential elections in the event of the death of the President. It is obvious that the Federation Council will have to make a decision, by analogy, either on the same day when the death of the President will be ascertained in accordance with the established procedure, or if this is considered inappropriate for ethical reasons or if it turns out to be impossible to immediately convene a meeting of the Council, then within two weeks from in order to, if possible, comply with the three-month period for the election of a new President, established in Part 2 of Art. 92 of the Constitution.

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

The issue of dismissal of the President from office is included without discussion first on the agenda of a meeting of the Federation Council, convened by its Chairman no later than 72 hours after receiving the conclusion of the Constitutional Court. The President of the Russian Federation, the Chairman of the Government of the Russian Federation, the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation are notified of the date of this meeting. The President, the Chairman of the State Duma, the Chairman of the Government, members of the special commission of the State Duma, the Chairman of the Constitutional Court and the Chairman of the Supreme Court14 are invited to this meeting.

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

In addition, both chambers of the Federal Assembly are involved in the dismissal procedure, each of which has different powers: the Duma puts forward an accusation, the Federation Council decides on dismissal.

The Supreme Court (it confirms the presence of signs of a crime in the actions of the President) and the Constitutional Court (it gives an opinion on compliance with the established procedure for bringing charges) also participate in the dismissal procedure. Involvement of various branches of power in the process of dismissal corresponds to the principle of separation of powers.

To resolve issues related to dismissal, the need for a qualified majority of 2/3 votes in each chamber is established. This is due to the special importance of the issues being addressed. The bringing forward of an accusation by the Duma requires serious substantiation and responsibility in initiating this process. The initiative of at least 1/3 of the total number of deputies of the Duma, the formation of a special commission by the Duma is required.

In part 3 of Art. 93 of the Constitution of the Russian Federation establishes time limits during which the dismissal procedure must be carried out - after the indictment is brought by the Duma, it must be completed no later than within three months.

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

If no decision is made within this period, the charge against the President shall be deemed dismissed. The establishment of this period is due to the fact that the dismissal procedure makes the position of the President unstable and uncertain, which may adversely affect the functioning of the entire system of state power.

1.5 Appointment to the position of judges of the Constitutional, Supreme, Supreme Arbitration Courts of the Russian Federation and the Prosecutor General of the Russian Federation

In accordance with paragraph. "g" h. 1 Article. 102 of the Constitution of the Russian Federation, the competence of the Federation Council includes the appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation. In accordance with paragraph "h" of the same article, the competence of the Federation Council includes the appointment and dismissal of the Prosecutor General of the Russian Federation.

Judges of the Economic Court of the Commonwealth of Independent States, in accordance with paragraph 7 of the Regulations on the Economic Court of the Commonwealth of Independent States, approved by the Agreement on the Status of the Economic Court of the Commonwealth of Independent States on July 6, 1992, are appointed to the position in the manner established for the appointment of judges of the Supreme Arbitration Court of the Russian Federation .

Candidates for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Economic Court of the Commonwealth of Independent States are submitted to the Federation Council by the President of the Russian Federation or, on his behalf, by the authorized representative of the President of the Russian Federation in the Federation Council15.

The Federation Council considers the issue of appointment of judges of the Constitutional Court of the Russian Federation within fourteen days from the date of receipt of the proposal of the President of the Russian Federation16.

If the Federation Council rejects candidates submitted by the President of the Russian Federation for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Economic Court of the Commonwealth of Independent States, the Federation Council may adopt a resolution proposing to the President of the Russian Federation to hold consultations in order to overcome the differences that have arisen. The said resolution shall be sent by the Chairman of the Federation Council to the President of the Russian Federation within three days. To conduct consultations, the Federation Council forms a group of members of the Federation Council or entrusts consultations to the Chairman of the Federation Council17.

Since 1994, the chamber has appointed 12 judges of the Constitutional Court; It rejected 8 submitted nominations (the last case in 1999), three of which were rejected twice and one nomination 3 times. The presentation of the President on candidates for the positions of judges of the Supreme Court and the Higher Arbitration Court is made taking into account the opinion of the chairman of the relevant court (Article 6 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation"); of the many dozens of candidates proposed by the President, the chamber rejected only two - in January 1995.

The Prosecutor General of the Russian Federation is appointed and dismissed by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation18.

The Federation Council considers the issue of appointment to the position of the Prosecutor General of the Russian Federation within 30 days from the day following the day of receipt of the submission of the President of the Russian Federation.

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

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

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

When considering this issue, the Prosecutor General is present at the sitting of the Federation Council, who, at his request, is given the floor. If the President's proposal to dismiss the Prosecutor General does not win a majority of the votes of the total number of members of the Federation Council, it is rejected, which is formalized by a resolution of the Federation Council. No special vote is required to adopt this resolution19.

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

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

In accordance with clause "i" of Part 1 of Article 102 of the Constitution of the Russian Federation, the competence of the Federation Council includes the appointment and dismissal of the Deputy Chairman of the Accounts Chamber of the Russian Federation and half of the auditors of the Accounts Chamber of the Russian Federation.

The Federation Council, together with the State Duma, participates in the formation of the Accounts Chamber by appointing a Deputy Chairman of the Chamber and 6 out of 12 auditors. The regulations of the Federation Council regulated the procedure for their appointment in Chapter 26.

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

Each nomination is discussed and then voted on by secret ballot. If any candidate fails to obtain the majority of the votes required to pass a decision of the Council, the Committee shall present new candidates for the vacant seats. Appointments are formalized by resolutions of the Council.

Although the Constitution does not say anything about this, the Federal Law "On the Accounts Chamber of the Russian Federation" dated January 11, 1995 No. 4-FZ provided for the immunity of members of the chamber, and the Rules of the Federation Council regulated the procedure for depriving the immunity of members of the chamber appointed by the Council.

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BUEDBOYS UPCHEFB JEDETBGYY RTPCHPDSFUS CH ZPTPDE nPULCHE, CH RETYPD U 25 SOCHBTS RP 15 YAMS Y U 16 UEOFSVTS RP 31 DElbVTS, Y SCHMSAFUS PFLTSCHFSHCHNY. RP TEYOYA UPCHEFB JEDETBGYY NEUFP RTPCHEDEOYS BUEDBOYK NPCEF VSCHFSH YЪNEOEOP, B FBLTS NPCEF VSCHFSH RTPCHEDEOP BLTSCHFPE BUEDBOYE.

UPCHEF ZHEDETBGYY YЪVYTBEF YЪ UCHPEZP UPUFBCHB rTEDUEDBFEMS UPCHEFB zhEDETBGYY;

lTPNE FPZP, rTEDUEDBFEMSH UPCHEFB zhEDETBGYY e.u.uFTPECH, RTELTTBFICHYYK UCHPY RPMOPNPUYS, YЪVTBO RPYEFOSCHN rTEDUEDBFEMEN UPCHEFB JEDETBGYY(LFP ЪCHBOYE SCHMSEFUS RPTSYOEOOOSCHN). е.у.уФТПЕЧХ, Б ФБЛЦЕ рТЕДУЕДБФЕМА уПЧЕФБ жЕДЕТБГЙЙ РЕТЧПЗП УПЪЩЧБ ч.ж.ыХНЕКЛП ПФЧЕДЕОЩ УРЕГЙБМШОЩЕ НЕУФБ Ч ЪБМЕ ЪБУЕДБОЙК уПЧЕФБ жЕДЕТБГЙЙ Й ТБВПЮЙЕ РПНЕЭЕОЙС Ч ЪДБОЙЙ РБМБФЩ, ЧЩДБОЩ УРЕГЙБМШОЩЕ ХДПУФПЧЕТЕОЙС Й ОБЗТХДОЩЕ ЪОБЛЙ, ПОЙ ОБДЕМЕОЩ РТБЧПН УПЧЕЭБФЕМШОПЗП ЗПМПУБ Й ОЕЛПФПТЩНЙ ДТХЗЙНЙ РТБЧБНЙ.

UPCHEF JEDETBGYY PVTBHEF LPNYFEFSCH. UPCHEF zhEDETBGYY CHRTBCHE UPDBCHBFSH, HRTBDOSFSH Y TEPTZBOY'PCHSHCHCHBFSH MAVSHE LPNYFEFSHCH Y LPNYUUYY.

lPNYFEFSCH Y RPUFPSOOSCHE LPNYUUYY UPCHEFB zhEDETBGYY SCHMSAFUS RPUFPSOOP DEKUFCHHAEINY PTZBOBNY RBMBFSCH. Chue Yumeoshch upchefb zhedetbgyy, b b Yulmayueoyen rteduedbfems upchefb zhedetbgyy, EZP RETCHPZP bneufyfems i bneufyfemek, CHIPDSF Ch UPUFBCH LPNYFEFPCH. UMEO UPCHEFB zhedetbgyy NPCEF VSHCHFSH YUMEOPN FPMSHLP PDOPZP LPNYFEFB RBMBFSCH, RTY LFPN H UPUFBCH LPNYFEFB DPMTSOSHCHIPDYFSH OE NEOEE 7 YUMEOPC UPCHEFB zhedetbgyy. UPUFBCH LPNYFEFB, LPNYUYY HFCHETSDBEFUS RBMBFPK.

h upchefe zhedetbgyy PVTbpchboshch y DEKUFCHHAF UMEDHAEIE LPNYFEFSCH Y RPUFPSOOSCHE LPNYUYY:

-љ lPNYFEF uPCHEFB zhEDETBGYY RP LPOUFYFKHGYPOOPNKH BLPOPDBFEMSHUFCHKH;
-љ lPNYFEF UPCHEFB zhEDETBGYY RP RTBCHPCHSHCHN Y UHDEVOSHCHN CHPRTPUBN;
-љ lPNYFEF UPCHEFB zhEDETBGYY RP DEMBN zhEDETBGYY Y TEZYPOBMSHOPK RPMYFILE;
— lPNYFEF UPCHEFB zhEDETBGYY RP CHPRTPUBN NEUFOPZP UBNPKhRTBCHMEOYS;
— lPNYFEF UPCHEFB zhEDETBGYY RP PVPTPOE Y VEEPRPBUOPUFY;
— lPNYFEF UPCHEFB zhEDETBGYY RP VADCEFH;
— lPNYFEF UPCHEFB zhEDETBGYY RP ZHJOBUPCHSHCHN TSHCHOLBN Y DEOETSOPNKH PVTBEEOYA;
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— lPNYFEF UPCHEFB zhEDETBGYY RP NETSDHOBTPDOSCHN DEMBN;
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- lPNYUUYS UPCHEFB zhEDETBGYY RP TEZMBNEOFKH Y PTZBOYBGYY RBTMBNEOFULPK DESFEMSHOPUFY;
— lPNYUUYS UPCHEFB zhEDETBGYY RP NEFPDPMPZYY TEBMYЪBGYY LPOUFYFKHGIPOOSCHI RPMOPNPYYK UPCHEFB zhEDETBGYY;
- LPNYFEF UPCHEFB zhEDETBGYY RP UPGIBMSHOPK RPMYFILE;
- lPNYFEF UPCHEFB zhEDETBGYY RP OBKHLE, LKHMSHFKhTE, PVTBBPCHBOYA, BDTBCHPPITBOOYA Y LLPMPZYY;
— lPNYFEF UPCHEFB zhEDETBGYY RP DEMBN NPMPDETSY Y URPTFH;
- LPNYFEF UPCHEFB zhEDETBGYY RP LPOPNYYUEULPK RPMYFYLE, RTEDRTYOYNBFEMSHUFCHH Y UPVUFCHEOOPUFY;
- lPNYFEF UPCHEFB zhEDETBGYY RP RTPNSCHYMEOOOPK RPMYFILE;
- lPNYUUYS UPCHEFB zhEDETBGYY RP EUFEUFCHEOOOSCHN NPOPRPMYSN;
— lPNYFEF UPCHEFB zhEDETBGYY RP RTYTPDOSCHN TEUKHTUBN Y PITBOE PLTHTSBAEK UTEDSCH;
— LPNYFEF UPCHEFB zhEDETBGYY RP BZTBTOP-RTPDCHPMSHUFCHEOOOPK RPMYFILE;
— LPNYFEF UPCHEFB zhEDETBGYY RP DEMBN UECHETB Y NBMPYUYUMEOOSCHI OBTPDHR;
- lPNYUUYS UPCHEFB zhEDETBGYY RP YOZHPTNBGYPOOPK RPMYFILE;
- lPNYUUIS UPCHEFB zhEDETBGYY RP LPOFTPMA BL PVEUREYEOOYEN DEFEMSHOPUFY UPCHEFB zhEDETBGYY.

лПНЙФЕФЩ Й РПУФПСООЩЕ ЛПНЙУУЙЙ уПЧЕФБ жЕДЕТБГЙЙ ЙНЕАФ ТБЧОЩЕ РТБЧБ Й ОЕУХФ ТБЧОЩЕ ПВСЪБООПУФЙ РП ТЕБМЙЪБГЙЙ ЛПОУФЙФХГЙПООЩИ РПМОПНПЮЙК РБМБФЩ: ПУХЭЕУФЧМСАФ РПДЗПФПЧЛХ ЪБЛМАЮЕОЙК РП РТЙОСФЩН зПУХДБТУФЧЕООПК дХНПК Й РЕТЕДБООЩН ОБ ТБУУНПФТЕОЙЕ уПЧЕФБ жЕДЕТБГЙЙ ЖЕДЕТБМШОЩН ЪБЛПОБН, Б ФБЛЦЕ РП ЖЕДЕТБМШОЩН ЛПОУФЙФХГЙПООЩН ЪБЛПОБН; TBTVBFSCHCHBAF Y RTECHBTYFEMSHOP TBUUNBFTYCHBAF BLPOPRTPELFSCH Y RTPELFSCH YOSCHI OPTNBFICHOSHI RTBCHCHSCHI BLFHR, PTZBOYHAF RTPCHEDEOYE RBTMBNEOFULYI UMHYBOYK Y F.D.

DEFEMSHOPUFSH READING LPNYUUIK PZTBOYUYCHBEFUUS PTEDEMEOOCHN UTPLPN YMY LPOLTEFOSHCHNY BDBYUBNY.

rPMOPNPYUYS UPCHEFB zhEDETBGYY PRTEDEMEOSCH lPOUFYFHGYEK tPUUYKULPK JEDETBGYY. PUOPCHOPK ZHOLGYEK RBMBFSCH SCHMSEFUS PUKHEUFCHMEOYE BLPOPDBFEMSHOSHCHI RPMOPNPUYK. рПТСДПЛ ТБУУНПФТЕОЙС уПЧЕФПН жЕДЕТБГЙЙ ЖЕДЕТБМШОЩИ ЛПОУФЙФХГЙПООЩИ ЪБЛПОПЧ Й ЖЕДЕТБМШОЩИ ЪБЛПОПЧ, УППФЧЕФУФЧЕООП ПДПВТЕООЩИ ЙМЙ РТЙОСФЩИ зПУХДБТУФЧЕООПК дХНПК, ПРТЕДЕМСЕФУС лПОУФЙФХГЙЕК тПУУЙКУЛПК жЕДЕТБГЙЙ Й тЕЗМБНЕОФПН уПЧЕФБ жЕДЕТБГЙЙ.

pTZBOYBGYS BLPOPDBFEMSHOPK TBVPFSCH H upchefe zhedetbgyy PUKHEUFCHMSEFUS RP DChKhN PUOPCHOSCHN OBRTTBCHMEOYSN:

— UPCHEF zhEDETBGYY UPCHNEUFOP U zPUHDBTUFCHEOOOPK DHNPK HYBUFCHHEF CH TBTBVPFLE BLPOPRTPELFPCH, TBUUNPFTEOYY BLPOCH Y RTYOSFYY TEYOYOK RP OIN;

- H RPTSDLE TEBMYBGYY RTBCHB BLPOPDBFEMSHOPK YOYGIBFICHSHCH UPCHEF JEDETBGYY UBNPUFPSFEMSHOP TBTBVBFSCHCHBEF RTPELFSH ZHEDETBMSHOSHCHI BLPOCH Y ZHEDETBMSHOSHCHI LPOUFYFPHHGPPOOSHI.

l CHEDEOYA UPCHEFB zhEDETBGYY, LTPNE FPZP, PFOPUSFUS:

— HFCHETSDEOYE YNEOOEOYS ZTBOYG NETSDH UHVYAELFBNY tPUUYKULPK ZhEDETBGYY;

— HFCHETSDEOYE HLBB rTEYIDEOFB tPUUYKULPK ZhEDETBGYY P CHCHEDEOYY CHPEOOPZP YMY YUTECHSHCHYUBKOPZP RPMPTSEOIS;

— TEYOYE CHPRTPUB P CHPЪNPTSOPUFY YURPMSHЪPCHBOYS chPPTKhTSEOOSCHI UYM tPUUYKULPK ZHEDETBGYY ЪB RTEDEMMBNY FETTYFPTYY tPUUYKULPK ZhEDETBGYY;

— OBOBYUEOYE CHSHCHVPTPCH rTEYDEOFB tPUUYKULPK zhEDETBGYY;

- PFTEYOYE rTEYDEOFB tPUUYKULPK JEDETBGYY PF DPMTSOPUFY;

— ANNOUNCEMENT ABOUT DPMTSOPUFSH UHDEK lPOUFYFKHGYPOOPZP uHDB tPUUYKULPK ZhEDETBGYY, CHETIPCHOPZP uHDB tPUUYKULPK ZhEDETBGYY, chchuyeZP bTVYFTTBTSOPZP uHDB tPUUYKULPK ZhEDETBGYY;

— OBOBBYUEOYE ABOUT DPMTSOPUFSH Y PCHPPVPTSDEOYE PF DPMTSOPUFY zeoTBMShOPZP RTPLKhTPTB tPUUYKULPK zhEDETBGYY;

- ANNOUNCEMENT ABOUT DPMTSOPUFSH Y PUCHPPVPTSDEOYE PF DPMTSOPUFY ЪBNEUFYFEMS rTEDUEDBFEMS uYUEFOPK RBMBFSCH Y RPMPCHYOSCH UPUFBCHB HER BHDYFPTPCH.

UPCHEF zhEDETBGYY, TBCHOP LBL Y LBCDSCHK YUMEO UPCHEFB zhEDETBGYY, PVMBDBEF RTBCHPN.

UPCHEF JEDETBGYY RTYOYNBEEF TEZMBNEOF, CH LPFPTPN DEFBMSHOP PRTTEDEMSAFUS PTZBOSHCH Y RPTSDPL TBVPFSCH upChEFB ZhEDETBGYY, HYBUFYE RBMBFSCH H BLPOPDBFEMSHOPK DEFEMSHOPUFY, RPTSDPL TBUUNNPFTEOIS CHPRTPPUCH, PFOEUEOOSCHI L CHEDEOYA UPGCHEYED.

uFBFHU YUMEOB UPCHEFB zhEDETBGYY PRTEDEMSEFUS lPOUFYFHGYEK tPUUYKULPK ZHEDETBGYY, UZMBUOP LPFPTPK YUMEOSCH UPCHEFB JEDETBGYY PVMBDBAF OERTYLPUOPCHEOOPUFSHHA H FEYUEOYE CHUEZP UTPLB YI RPMOPNPYUYK. пОЙ ОЕ НПЗХФ ВЩФШ ЪБДЕТЦБОЩ, БТЕУФПЧБОЩ, РПДЧЕТЗОХФЩ ПВЩУЛХ, ЛТПНЕ УМХЮБЕЧ ЪБДЕТЦБОЙС ОБ НЕУФЕ РТЕУФХРМЕОЙС, Б ФБЛЦЕ РПДЧЕТЗОХФЩ МЙЮОПНХ ДПУНПФТХ, ЪБ ЙУЛМАЮЕОЙЕН УМХЮБЕЧ, ЛПЗДБ ЬФП РТЕДХУНПФТЕОП ЖЕДЕТБМШОЩН ЪБЛПОПН ДМС ПВЕУРЕЮЕОЙС ВЕЪПРБУОПУФЙ ДТХЗЙИ МАДЕК.

лТПНЕ ФПЗП, УФБФХУ ЮМЕОБ уПЧЕФБ жЕДЕТБГЙЙ ТЕЗХМЙТХЕФУС жЕДЕТБМШОЩН ЪБЛПОПН "п УФБФХУЕ ЮМЕОБ уПЧЕФБ жЕДЕТБГЙЙ Й УФБФХУЕ ДЕРХФБФБ зПУХДБТУФЧЕООПК дХНЩ жЕДЕТБМШОПЗП уПВТБОЙС тПУУЙКУЛПК жЕДЕТБГЙЙ" (Ч ТЕДБЛГЙЙ жЕДЕТБМШОПЗП ЪБЛПОБ ПФ 5 ЙАМС 1999 ЗПДБ? 133-жъ).

Term of presidency in Russia On banking

The jurisdiction of the Federation Council includes:
a) approval of changes in the borders between the constituent entities of the Russian Federation;
b) approval of the decree of the President of the Russian Federation on the introduction of martial law;
c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
e) appointment of elections of the President of the Russian Federation;
f) removal of the President of the Russian Federation from office;
g) appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;
h) appointment and dismissal of the Prosecutor General of the Russian Federation;
i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.
The Federation Council adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation.
Resolutions of the Federation Council are adopted by a majority vote of the total number of members of the Federation Council, unless a different decision-making procedure is provided for by the Constitution of the Russian Federation.

Comm. Postnikov A.E.

This article defines issues within the jurisdiction of the Federation Council. However, the list contained in this article is not exhaustive. The Constitution also provides for other powers of the Federation Council. These include, in particular, such powers as: to adopt their regulations and resolve issues of the internal regulations of their activities (Article 101), to approve federal laws adopted by the State Duma (Article 105), and some others. It should be noted that other powers of the Federation Council may also be established by federal laws. Thus, the Federal Law "On Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation" dated December 6, 1994 No. provided that five members of the Central Election Commission of the Russian Federation are appointed by the Federation Council.
The nature of the powers assigned to the Federation Council follows from the specifics of the principle of representation laid down in this body. It is in the person of the Federation Council that the influence of the federal structure of Russia on the organization of state power and the activities of state authorities at the federal level is most clearly manifested. Equal representation from the constituent entities of the Russian Federation in this chamber of parliament creates opportunities for maximum consideration of the position of all constituent entities of the Russian Federation when making the most important constitutional and legal decisions.
All issues within the jurisdiction of the Federation Council listed in the Constitution are subject to the exclusive jurisdiction of the Federation Council. No other body, except the Federation Council, has the right to take a decision on them.
The Federation Council approves the decision to change the borders between the subjects of the Russian Federation. This decision must be made with the consent of the subjects of the Russian Federation that are affected by this change. Part 3 of Article 67 of the Constitution establishes that the borders between the constituent entities of the Russian Federation may be changed with their mutual consent.
The Federation Council approves decrees of the President of the Russian Federation on the introduction of martial law and the introduction of a state of emergency. Martial law is introduced by the President of the Russian Federation in the event of aggression against the Russian Federation or an immediate threat of aggression. Martial law is introduced throughout the territory of the Russian Federation or in its individual areas. Its regime is determined by federal constitutional law (Article 87 of the Constitution). According to Article 88 of the Constitution, the President of the Russian Federation, under the circumstances and in the manner prescribed by federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federation Council and the State Duma. When considering the issue of approving a decree of the President of the Russian Federation on the introduction of martial law or a decree on the introduction of a state of emergency, the Federation Council checks the validity of the measures taken by the President. The approval of presidential decrees on the introduction of a state of martial law or a state of emergency in certain areas of the Russian Federation by the Federation Council creates additional guarantees for the observance of the interests of the constituent entities of the Russian Federation, on whose territory legal restrictions will apply for citizens, state authorities and local governments provided for by the regime of martial law or a state of emergency.
The Federation Council decides on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation. The participation of the Armed Forces of the Russian Federation in the conduct of military, peacekeeping and other actions abroad is admissible if this is in accordance with the Constitution of the Russian Federation, international treaties of the Russian Federation and federal laws. Without a decision of the Federation Council, the use of the Armed Forces of the Russian Federation outside the territory of the Federation is unacceptable.
The appointment of the election of the President of the Russian Federation is made by the Federation Council in accordance with the Constitution of the Russian Federation and the Federal Law "On the Election of the President of the Russian Federation" dated May 17, 1995. (See commentary to Article 81 of the Constitution).
The decision to remove the President of the Russian Federation from office is made by the Federation Council in accordance with the procedure established by Article 93 of the Constitution. This decision is taken by a qualified majority of votes, i.e. 2/3 of the votes of the total number of members of the Federation Council.
The Federation Council, on the proposal of the President of the Russian Federation, appoints judges of the federal courts: the Constitutional Court, the Supreme Court, the Supreme Arbitration Court of the Russian Federation (see the commentary to Article 83 of the Constitution).
In accordance with Article 9 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" of July 21, 1994 proposals on candidates for the positions of judges of the Constitutional Court may be submitted to the President of the Russian Federation by members (deputies) of the Federation Council and deputies of the State Duma, as well as legislative (representative) bodies of the subjects of the Russian Federation, the highest judicial bodies and federal legal departments, all-Russian legal communities, legal scientific and educational institutions. The Federation Council considers the issue of appointing a judge of the Constitutional Court of the Russian Federation no later than 14 days from the date of receipt of the proposal of the President of the Russian Federation. Each judge of the Constitutional Court of the Russian Federation is appointed to office individually by secret ballot. A person who receives a majority of the total number of members (deputies) of the Federation Council in the course of voting is considered to be appointed to the position of a judge of the Constitutional Court of the Russian Federation. In the event of a judge leaving the composition of the Constitutional Court of the Russian Federation, a proposal for the appointment of another person is submitted by the President of the Russian Federation to the Federation Council no later than one month from the day the vacancy opens. The appointment of judges of the Supreme Court of the Russian Federation is regulated by the Constitution of the Russian Federation and the Regulations of the Federation Council.
According to Article 8 of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" dated April 28, 1995 The Chairman of the Supreme Arbitration Court of the Russian Federation is appointed to the position by the Federation Council on the proposal of the President of the Russian Federation. Deputy Chairmen and other judges of the Supreme Arbitration Court are appointed by the Federation Council on the proposal of the President of the Russian Federation on the basis of the proposal of the Chairman of the Supreme Arbitration Court.
According to Article 83 of the Constitution, the appointment and dismissal of the Prosecutor General of the Russian Federation is carried out by the Federation Council on the proposal of the President of the Russian Federation. In accordance with Article 12 of the Federal Law "On Amendments and Additions to the Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation"" dated November 17, 1995 in the event that a candidate for the position of the Prosecutor General proposed by the President of the Russian Federation does not receive the required number of votes of members of the Federation Council, the President shall submit a new candidate to the Federation Council within 30 days. The term of office of the Prosecutor General of the Russian Federation is five years. The announcement of the appointment of the Prosecutor General to the position and his dismissal from office is published in the press. The Prosecutor General of the Russian Federation annually submits to the chambers of the Federal Assembly and the President a report on the state of law and order in the Russian Federation and on the work done to strengthen them. According to Article 14 of the said Federal Law, the first deputy and deputies of the Prosecutor General are appointed and dismissed by the Federation Council on the proposal of the Prosecutor General of the Russian Federation.
The Accounts Chamber is formed by the Federation Council and the State Duma to exercise control over the execution of the federal budget (Article 101 of the Constitution). The formation of the composition of the Accounts Chamber is carried out by the chambers of parliament on a parity basis. The Federation Council appoints the Deputy Chairman of the Accounts Chamber and half of its auditors. According to the Federal Law "On the Accounts Chamber of the Russian Federation" dated January 11, 1995 No. The Accounts Chamber is a permanent body of state financial control, formed by the Federal Assembly and accountable to it (Article 1). The Deputy Chairman of the Accounts Chamber is appointed by the Federation Council for a period of six years (Article 5 of the Federal Law). When forming the Accounts Chamber, the Federation Council and the State Duma appoint six auditors for a period of six years (Article 6 of the Federal Law).
In accordance with Article 64 of the Regulations of the Federation Council, the Federation Council adopts resolutions on issues assigned to its jurisdiction by the Constitution of the Russian Federation, as well as on issues of organizing the internal activities of the Federation Council (appointing the heads of committees of the chamber, ensuring the activities of members of the Federation Council, etc.). The Federation Council may adopt a resolution as a whole, adopt a draft resolution as a basis, consider it in two readings, reject or postpone discussion.
The total number of members of the Federation Council necessary for the adoption of a resolution of the Federation Council should be understood as the total number of persons ex officio members of the Federation Council in accordance with the Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" of December 5, 1995. At the moment, it is equal to twice the number of subjects of the Russian Federation, i.e. 178.

1. The Federal Assembly consists of two chambers - the Federation Council and the State Duma.

2. The Federation Council includes two representatives from each constituent entity of the Russian Federation: one each from the representative and executive bodies of state power.

3. The State Duma consists of 450 deputies.

1. The State Duma is elected for a term of five years.

2. The procedure for the formation of the Federation Council and the procedure for the election of deputies of the State Duma shall be established by federal laws.

1. A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections may be elected a deputy of the State Duma.

2. The same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of other representative bodies of state power and bodies of local self-government.

3. Deputies of the State Duma work on a permanent professional basis. Deputies of the State Duma cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities.

1. Members of the Federation Council and deputies of the State Duma shall enjoy immunity during the entire term of their powers. They may not be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to body searches, except as required by federal law to ensure the safety of other people.

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

Article 104

1. The right of legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the subjects of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on matters within their jurisdiction.

2. Draft laws are submitted to the State Duma.

3. Draft laws on the introduction or abolition of taxes, exemption from their payment, on the issuance of state loans, on changing the financial obligations of the state, other bills providing for expenditures to be covered from the federal budget, may be introduced only if there is a conclusion of the Government of the Russian Federation.

Article 105

1. Federal laws are adopted by the State Duma.

2. Federal laws are adopted by a majority vote of the total number of deputies of the State Duma, unless otherwise provided by the Constitution of the Russian Federation.

3. Federal laws adopted by the State Duma are submitted to the Federation Council for consideration within five days.

4. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it, or if it has not been considered by the Federation Council within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to re-consideration by the State Duma.

5. If the State Duma does not agree with the decision of the Federation Council, a federal law shall be considered adopted if at least two-thirds of the total number of deputies of the State Duma voted for it in the repeated voting.

Article 106

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council:

a) the federal budget;

b) federal taxes and fees;

c) financial, currency, credit, customs regulation, money issue;

d) ratification and denunciation of international treaties of the Russian Federation;

e) the status and protection of the state border of the Russian Federation;

e) war and peace.

Article 107

1. The adopted federal law is sent to the President of the Russian Federation within five days for signing and promulgation.

2. The President of the Russian Federation within fourteen days signs the federal law and promulgates it.

3. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council, in accordance with the procedure established by the Constitution of the Russian Federation, reconsider this law. If, upon reconsideration, the federal law is approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and promulgated.

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