Relevance of the research topic

The Russian Federation is defined in Article 1 of the Constitution of the Russian Federation as a democratic federal state of law. The combination of these principles presupposes the formation constitutional status public authorities in accordance with the principle of separation of powers and the principles of the federal structure, enshrined in Art. 5 of the Constitution of the Russian Federation. These include: state integrity, unity of the system of state power, delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation.

Among the highest bodies of state power, the formation of which is due to the federal nature of Russia, a special place is occupied by the Federal Assembly of the Russian Federation (hereinafter referred to as the Federal Assembly of the Russian Federation). The constitutional and legal status of one of the chambers of the Russian parliament - the Federation Council of the Federal Assembly of the Russian Federation (hereinafter referred to as the Federation Council) since its establishment has become the object of close attention of the domestic science of constitutional law. At the same time, the relevance of this topic does not decrease. On the contrary, events recent years indicate an increase in its significance due to the emergence of new aspects that need in-depth, systematic research. These include, in particular, the question of the real role of the Federation Council in the system of state power and the specifics of improving its status in the context of the tasks of strengthening statehood and developing federal relations.

In the Address to the Federal Assembly of the Russian Federation on November 5, 2008, the President of the Russian Federation, among the priority areas for the development of federal relations, highlighted the task of increasing the role

of the Federation Council in reflecting the interests of the constituent entities of the Russian Federation, coordinating the activities of state authorities and local governments. The proposal of the President of the Russian Federation on a new procedure for the formation of the Federation Council only from among the persons elected to representative bodies of power and deputies of local self-government of the corresponding subject of the Federation was implemented in a legislative manner, the “residency requirement” was abolished, which makes it possible to additionally involve in the work of citizens who have passed the procedure of public election, having experience in working with voters and representing not only the authorities of the subject of the Federation, but also, most importantly, directly its population1.

Proposals to improve the status of the Federation Council and specific legislative measures taken recently in this direction require appropriate scientific and practical reflection, new research on the role of the Federation Council in strengthening and developing the federal statehood of Russia.

The foregoing testifies to the relevance of the analysis of the theoretical, historical and constitutional and legal aspects of the content and features of the constitutional and legal status of the Federation Council, which make it possible to assess the level of effectiveness of its activities aimed at implementing the tasks of improving federal relations in Russia.

The degree of scientific development of the topic

In the domestic legal science analysis of the theoretical, historical and constitutional and legal aspects of the content and features of the constitutional and legal status of the Federation Council is a direction that has not lost its significance as a subject of systematic research, taking into account the latest changes in legislation and in

1 See: Federal Law of the Russian Federation of February 14, 2009 No. 21-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with a Change in the Formation of the Federation Council of the Federal Assembly of the Russian Federation” // Rossiyskaya Gazeta. February 18, 2009. practice of development of the Russian statehood.

It should be noted that a special analysis of the constitutional and legal status of the Federation Council in the context of linking it with the peculiarities of the federal structure and the development of the federal statehood of Russia in present stage little work has been done. As a rule, this issue is studied in conjunction with only certain aspects of the federal structure of Russia, or the Federation Council is analyzed as part of the whole - the Federal Assembly of the Russian Federation.

There are a number of problems in developing the conceptual apparatus and improving the constitutional and legal regulation of the status of the Federation Council. Insufficient theoretical development of such concepts as “status of the Federation Council”, “legal status of the Federation Council”, “constitutional and legal status of the Federation Council”, “basic elements of the constitutional and legal status of the Federation Council” and others cannot but affect the practice of their application . The current federal constitutional legislation does not clearly distinguish between the categories "legal status of the Federation Council" and "constitutional and legal status of the Federation Council", does not define the concept and forms of changing the constitutional and legal status of a subject of the Federation.

Paying tribute to the contribution of domestic scientists to the development of the issues chosen by the author, at the same time it should be noted that the potential of constitutional and legal research in this area is far from being exhausted. In addition, it is necessary to generalize and systematize

2 Among the works devoted to this issue or its individual aspects, one can name, in particular: Avakyan S.A. The Federal Assembly in the system of state power of the Russian Federation // The Constitution of the Russian Federation and the development of legislation in the modern period: Materials of the All-Russian Scientific Conference. M., T.1 2003.; Zenkin S.A. Federation Council: appoint or elect? // Ros. Federation. M., 1995. No. 15.; Mironov S.M. Constitutional and legal status of the Federation Council and its interaction with other public authorities // Journal Russian law. M., 2003. No. 1 -S. 3-8.

3 Among the works devoted to this issue or its individual aspects, one can name, in particular: Avakyan S.A. The Federal Assembly is the parliament of Russia. M., 1999.; Barsengov A.S., Koretsky V.A. Federal Assembly of the Russian Federation. M., 1997.; Gorobets V.D. Parliament of the Russian Federation. M., 1998. Legislative and law enforcement practice in the area under study, both at the federal and regional levels.

Thus, the chosen topic of the dissertation research needs in-depth research and comprehensive development.

Goals and objectives of the dissertation research

The objectives of this dissertation research are to comprehend and substantiate the social and legal nature and features of the constitutional and legal status of the Federation Council, its role in strengthening and developing federal relations based on the general theoretical provisions of Russian legal science, as well as the analysis of existing practice.

To achieve the set goals, the following tasks were solved in the work: definition of the concept, content and main elements of the constitutional and legal status of the Federation Council;

Carrying out a systematic analysis of the functions of the Federation Council;

Studying the features of the formation of the Federation Council under the legislation of the Russian Federation, as well as conducting a critical analysis of the current procedure for the formation of the Federation Council;

Disclosure of the features of the powers of the Federation Council as a chamber representing the interests of the constituent entities of the Russian Federation;

Studying and submitting proposals for improving the structure of the Federation Council and the procedure for its activities;

Study of the mechanism of interaction between the Federation Council and the State Duma as a tool for ensuring and developing federal relations in Russia;

Identification of the peculiarities of the relationship of the Federation Council with the President of the Russian Federation and the Government of the Russian Federation in the conditions of the federal statehood of Russia;

Analysis of the current state and tasks of improving the legal and institutional framework for interaction between the Federation Council and the subjects of the Russian Federation.

The object of the dissertation research is public relations regulated by the norms of constitutional law, revealing the content and features of the constitutional and legal status of the Federation Council in the context of the development of federal relations.

The subject of the dissertation research is the constitutional and legal norms governing the general and particular in the constitutional and legal status of the Federation Council, in the context of the development of federal relations.

The theoretical basis of the dissertation research is based on the use of modern scientific concepts of parliamentarism and federalism, constitutional and legal doctrines of the state system.

The general theoretical basis of the study was the works of such modern domestic legal scholars as: S.A. Avakyan, A.S. Avtonomov, JI.B. Andrichenko, K.V. Aranovsky, M.V. Baglai, I.N. Bartsits, L.F. Boltenkova, N.S. Bondar, O.N. Bulakov, N.A. Varlamov, V.I. Vasiliev, N.V. Vitruk, G.A. Gadzhiev, I.V. Grankin, M.V. Zolotareva, T.D. Zrazhevskaya, V.V. Ivanov, V.T. Kabyshev, JI.M. Karapetyan, A.N. Kokotov, I.A. Konyukhova (Umnova), E.I. Kozlova, N.M. Kolosova, K.D. Korkmasova, B.S. Krylov, V.A. Kryazhkov, O.E. Kutafin, V.O. Luchin, A.V. Malko, M.A. Mityukov, N.A. Mikhaleva, N.I. Matuzov, V.V. Nevinsky, S.I. Nekrasov, L.A. Nudnenko, Zh.I. Hovsepyan, M.A. Sadykin, G.D. Sadovnikova, V.E. Safonov, B.A. Strashun, E.V. Tadevosyan, Yu.A. Tikhomirov, B.N. Topornin, T.Ya. Khabrieva, V.A. Cherepanov, V.E. Chirkin, S.M. Shakhrai, B.S. Ebzeev and others.

I.P. Ilyinsky, A.I. Kim, M.G. Kirichenko, S.S. Kravchuk, N.Ya. Kuprits, I.D. Levin, A.I. Lepeshkin, A.I. Lukyanov, B.C. Osnovin, V.A. Rzhevsky, Yu.G. Sudnitsyn, Ya.N. Umansky, I.E. Farber, M.A. Shafir, B.V. Shchetinin and others.

Of essential importance for understanding the objectivity of the processes taking place both in the past and at the present time was the study of the works of jurists who specialize in their research on the topics chosen by the dissertation. Among them are: A.I. Abramova, A.S. Adamovich, I.A. Alabastrova, V.V. Balytnikov, O.N. Bulakov, I.V. Grankin, Yu.A. Dmitriev, V.B. Isakov, V.V. Komarova, M.V. Prokhorov, T.S. Rumyantsev, G.D. Sadovnikova, L.V. Smirnyagin and others. Among practitioners, it should be noted A.A. Vikharev, G.E. Burbulis, A.P. Lyubimova, S.M. Mironova, B.V. Miroshina, L.Ya. Poluyan, V.F. Shumeiko, A.M. Yusupovsky.

Methodological basis dissertation research

The study of the peculiarities of the constitutional and legal status of the Federation Council was carried out in accordance with a scientifically based methodology that ensures, if possible, the choice of the most appropriate and effective methods.

The dissertation proceeded from the fact that the legal phenomenon considered in the dissertation - a set of substantive and procedural characteristics, has a complex, multi-level character.

In solving the tasks set in order to achieve the goal of the dissertation research, in the analysis of Russian legislation, the formation of definitions, proposals and conclusions, the dialectical method, the method of system analysis, logical, historical, comparative legal, sociological and statistical research methods were used. The author conducted the analysis on the basis of such scientific principles as the unity of the abstract and the concrete, the general and the special, the singular and the unique. Their application allowed the dissertation student to explore the objects under consideration in interconnection, integrity, comprehensively and objectively.

Normative basis and empirical basis of dissertation research

The paper studied the provisions of the Constitution of the Russian Federation, federal constitutional laws and federal laws, regulations of the chambers, other regulatory legal acts of the Russian Federation; constitutions (charters), laws and other regulatory legal acts of the subjects of the Russian Federation, decisions of the Constitutional Court of the Russian Federation and other courts of the Russian Federation.

In addition to national legislation, the dissertator got acquainted with the constitutions of some foreign countries and their legislative practice, as well as international legal documents in this area in order to identify progressive experience, as well as to establish the level of application of international legal standards in the Russian Federation regarding the issue under study.

The guiding political documents and information and analytical materials used in the work (in particular, the messages of the President of the Russian Federation and reports of the Federation Council), reviews judicial practice, materials of scientific and practical conferences, periodicals, statistical and sociological data made it possible to identify urgent problems related to the object of study and identify ways to solve them.

The scientific novelty of the dissertation research consists in a comprehensive study of the current state of the constitutional and legal status of the Federation Council in the context of the development of federal relations in Russia in the period after the adoption of the Constitution of the Russian Federation in 1993.

The depth and comprehensiveness of the study are ensured by the use of general theoretical premises and conclusions, the formulation of scientific and practical proposals, the definition of prospects and forecasting the situation in the future.

Basic provisions for defense

The scientific novelty of the dissertation research is reflected in the following conclusions and provisions submitted for defense:

1. In Russia, as a federal state, the Federation Council has a dual nature. On the one hand, being a chamber of the national parliament, the Federation Council is called upon to carry out its activities in the interests of all Russian people. On the other hand, this chamber represents the interests of the subjects of the Russian Federation. This causes the Federation Council to have special tasks and functions related to reflecting the interests of both the Federation as a whole and the constituent entities of the Russian Federation, with the search for a balance of federal and regional interests.

The dual nature of the Federation Council affects the content of its constitutional and legal status, which is understood as the principles of organization and activity regulated by the norms of constitutional law, the formation procedure, powers, guarantees of the activities of the Federation Council; organizational and legal forms of relations with other state bodies in the Russian Federation.

2. The procedure for forming the Federation Council that is in force in accordance with the Federal Law of August 5, 2000 “On the procedure for forming the Federation Council” is acceptable and, in this regard, it seems more promising in the modern period not to change, but to improve the legislative regulation of the current procedure for forming the Federation Council.

Improving the legislative regulation of the procedure for appointing and electing members of the Federation Council, however, does not remove the possibility of optimizing the method of forming the chamber, which is proved by a wide discussion and the multivariance of proposals. The choice of such a method should be based on the following requirement: the Federation Council cannot be a repetition of the State Duma, the composition of the Council

Federation should adequately reflect the constitutional principle of representation of the constituent entities of the Russian Federation.

3. The Federation Council exercises legislative, representative and control powers.

The wide range of legislative powers of the Federation Council creates favorable legal opportunities for active work on the legislative support of federal statehood. Special responsibility rests with the Federation Council in exercising the powers to obligatory consider federal laws adopted by the State Duma on federal budget issues; federal taxes and fees; financial, currency, credit, customs regulation, money issue; ratification and denunciation of international treaties of the Russian Federation; the status and protection of the state border of the Russian Federation; war and peace. It seems important that the Federation Council not only pay special attention to these issues, but also carry out its own legislative work and make more active use of the right of legislative initiative.

The powers exercised within the framework of the representative function of the Federation Council can be classified into several subgroups: a) personnel powers; b) powers to resolve extreme situations; c) resolving issues of the federal structure; d) other powers. The degree of importance and scale of this type of authority of the Federation Council testify to the expansion of the chamber's ability to influence the formation of the personnel of the state power system, ensure federal statehood, and protect the rights and interests of the constituent entities of the Russian Federation. At the same time, when evaluating the activities of the Federation Council in the exercise of these powers, one cannot fail to note the dominance of the role of the President of the Russian Federation as the head of state and the performance by the chamber in some cases of the function of an extra, “approving the will of the President”.

The control powers of the Federation Council include: a) control over the observance and execution of laws; b) budgetary and financial control; c) control over the activities of the executive branch; d) control over the sphere government controlled associated with the implementation by the Federation Council of personnel appointments and dismissal from office. The current normative regulation of these powers confirms the importance of their systematization and definition in a special federal law on the control powers of the Federal Assembly of the Russian Federation.

4. At the present stage, the Federation Council shows insufficient active participation in the process of legislative support of the federal statehood of modern Russia. His activities in introducing legislative initiatives, reviewing and approving federal laws, and conducting analytical work in this area are characterized by an unsystematic and inconsistent approach, often contradicting the very idea of ​​upholding federalism as the basis for harmonious relations between the Federation and its subjects.

In order to enhance the role of the Federation Council in the legislative support of the federal statehood of modern Russia, it is necessary to intensify the use of the right of legislative initiative, increase responsibility for approving federal laws and adopting relevant resolutions. Importance In planning and implementing legislative activity, taking into account the problems of the federal structure, the introduction of the practice of preparing annual special reports of the Federation Council on the state and prospects for the development of federal relations in Russia, organizing and holding annual forums to discuss contemporary problems of Russian federalism would play.

5. In the context of restricting the activities of a member of the Federation Council by the interests and will of the population and state authorities of the subjects

The Russian Federation, whom he represents, gives no reason to say that a member of the Federation Council has a free mandate. It seems that, both legally and in fact, he is endowed with the so-called "regional representative" mandate, which obliges a member of the Federation Council to always be guided by the tasks of balancing national interests and the interests of the region. Ultimately, a member of the Federation Council has the task of organically combining three types of interests in carrying out his activities: national interests, the interests of the regions as a whole, and the interests of a particular subject of the Federation.

6. It seems important to expand the possibilities of the Federation Council to participate in the formation and direction of the activities of the Government of the Russian Federation, to provide for the need for the President of the Russian Federation to obtain the conclusions of relevant committees and commissions of the Federation Council in order to appoint a number of ministers; assign to the Federation Council the powers to approve the programs of the Government of the Russian Federation concerning the strengthening of federal statehood and regional development; grant the Federation Council the authority to express no confidence in individual members of the Government responsible for ensuring constitutional legality, strengthening and improving the security system and federal relations, and developing regions and local self-government.

7. The fundamentals of interaction between the Federation Council and the constituent entities of the Russian Federation need to be improved. The following areas of priority measures can be identified:

Harmonization of federal and regional legislation in the field of joint jurisdiction in order to reasonably take into account the interests of the subjects of the Federation when adopting federal laws;

Improving the activities of the Federation Council to support the legislative initiative of the subjects of the Federation;

Creation of coordinating bodies formed with the simultaneous participation of representatives of the Federation Council and constituent entities of the Russian Federation and involved in the discussion of both legislative policy in general and specific laws and bills;

Search for new forms of interaction between the Federation Council and state authorities of the constituent entities of the Russian Federation.

Practical significance of the dissertation research The results obtained in the course of the research and the practical proposals formulated on their basis are aimed at improving the regulation of the constitutional and legal status of the Federation Council, increasing its role in strengthening and developing federal relations in Russia. The materials of the dissertation research can be used both in the preparation of bills and in practical activities government agencies.

The practical significance of the results of the study also lies in the fact that the conclusions and proposals outlined by the dissertation can be used in scientific and pedagogical work in universities and other educational institutions for teaching constitutional law and special courses, in the practical activities of federal government bodies and government bodies of the constituent entities of the Russian Federation . Approbation of the results of the dissertation research The main scientific and practical conclusions of the dissertation research are presented in publications, abstracts and scientific reports, reports scientific and practical conferences, round tables and seminars, including at the I Constitutional Readings held by the Russian Academy of Justice "The Constitution of the Russian Federation and the Development of Legislation in the Modern Period" (Moscow, February 17-21, 2003), at the All-Russian Scientific Conference "Constitutional Foundations of the Judicial authorities "(October 23, 2003), at interuniversity and inter-departmental round tables of graduate students and students in jurisprudence of Moscow State Law Academy (2005), at the All-Russian scientific conference "Problems of the formation of state policies in Russia: state and prospects" (May 31, 2006), at the II Constitutional Readings "Constitutional Law and international law: problems of interaction in modern conditions development” (Moscow, October 14-17, 2008), at interuniversity conferences of young scientists and graduate students.

The conclusions and results of the research were formed and were used to a certain extent in the course of the dissertation work as an assistant to a member of the Federation Council (in 2004-2005), as well as a member of the Expert Council of the Commission on Regulations and Organization of Parliamentary Activities of the Federation Council (in 2006-2008) .

The structure of the dissertation research is determined by the object, goals and objectives of the research. The dissertation consists of an introduction, two chapters, including ten paragraphs, a conclusion and a bibliography.

Conclusion

In Russia, as a federal state, the Federation Council has a dual nature. On the one hand, being a chamber of the national parliament, the Federation Council is a federal legislative body designed to carry out its activities in the interests of the entire Russian people. On the other hand, this chamber was established as a public authority representing the interests of the constituent entities of the Russian Federation. This causes the Federation Council to have special tasks that are inextricably linked with the reflection of the interests of both the Federation as a whole and its subjects. Hence, the nature of the activities of the Federation Council should be associated with the search for a balance of federal and regional interests.

The Federation Council plays an important role as the second chamber of the Russian parliament, ensuring the role of the legislative body that considers the laws adopted by the State Duma, firstly, from the point of view of observing an objective compromise of the interests of the nation and regions, and secondly, from the position of ensuring the quality of laws and following the requirements legislative jurisprudence. In the context of the analysis of the place in the system of power hierarchy, both chambers are equal in rights and their competence as national legislative and representative bodies is relatively balanced under the Constitution of the Russian Federation.

Currently, there is no special law that comprehensively determines the constitutional and legal status of the Federation Council at the system level. According to the dissertation candidate, it is expedient to adopt the Federal Constitutional Law “On the Federal Assembly of the Russian Federation”, which determines the status of the Federation Council. This law, following the construction proposed earlier, should include legal norms that reveal the features of the nature and the main elements of the constitutional and legal status of the Federation Council.

The constitutional and legal status of the Federation Council in this work is understood as the principles of organization and activity regulated by the norms of constitutional law, the procedure for the formation, powers, guarantees of the activities of the Federation Council; organizational and legal forms of relations with state bodies in the Russian Federation.

Improving the legislative regulation of the procedure for appointing and electing members of the Federation Council, however, does not remove the general question of the possible optimization of the method of forming the chamber, which is proved by a wide discussion and the multivariance of proposals. It seems that the choice of such a method should be based on the following fundamental criteria: the Federation Council cannot be a repetition of the State Duma, either in terms of exercising a representative function or in terms of methods of formation. Its composition should adequately reflect the constitutional principle of representation of the constituent entities of the Russian Federation.

Denoting the functions of the Federation Council, the dissertator considered it appropriate to single out the following main ones: legislative, representative and control.

The purpose of the main - legislative function of this chamber is expressed in the implementation by the Federation Council, firstly, of the role of an effective filter of legislative activity and, secondly, in giving the law the quality of legitimacy.

216 As noted above, the Constitution of the Russian Federation limits the number of cases in which federal constitutional laws are adopted and does not provide for the adoption of a federal constitutional law on the Federal Assembly of the Russian Federation. Hence, the problem can be solved only by expanding this list and indicating directly in the Constitution of the Russian Federation the possibility of adopting other constitutional laws, including on the Federal Assembly of the Russian Federation. The rigid mechanism for amending the current Constitution of the Russian Federation complicates the practical solution of this problem. Perhaps this is the main reason why the discussion on the adoption of a federal constitutional law on the Federal Assembly of the Russian Federation still does not go beyond the scope of scientific circles.

The legislative function is closely connected with the representative function of the Federation Council. When approving laws adopted by the State Duma, the Federation Council examines them not only in terms of quality and compliance with the requirements of legal technique, but seeks to ensure an objective compromise between the interests of the entire Russian people and the interests of the people (population) of the subjects of the Federation.

The control functions of the Federation Council are not properly reflected in the Constitution of the Russian Federation and are not systematized at the legislative level due to the lack of a special law regulating the legal status of the Federal Assembly. Summarizing the current constitutional norms, the following main areas of the chamber's control function should be singled out: 1) budgetary and financial control, 2) control over the activities of the executive branch; 3) control in the sphere of foreign policy activity; 4) control over the sphere of public administration.

Based on the functions of the Federation Council, its powers can be divided into three main groups: legislative, representative and control.

The legislative powers of the Federation Council include the right of legislative initiative; consideration of federal laws adopted by the State Duma with subsequent adoption of a decision on their approval or rejection; participation in the procedure for overcoming disagreements that have arisen between the chambers of the Federal Assembly in connection with the rejection by the Federation Council of a federal law adopted by the State Duma; mandatory consideration of federal laws on issues established by Art. 106 of the Constitution of the Russian Federation; reconsideration of the federal law rejected by the President of the Russian Federation and approved by the State Duma in the previously adopted edition in the order of Part 3 of Art. 107 of the Constitution of the Russian Federation; approval of federal constitutional laws (part 2 of Art.

108 of the Constitution of the Russian Federation); consideration and approval of the law of the Russian Federation on the amendment to the Constitution of the Russian Federation (Articles 108, 136 of the Constitution of the Russian Federation).

Such a wide range of legislative powers of the Federation Council creates favorable legal opportunities for active work on the legislative support of federal statehood. Special responsibility rests with the Federation Council in exercising the powers to obligatory consider federal laws adopted by the State Duma on federal budget issues; federal taxes and fees; financial, currency, credit, customs regulation, money issue; ratification and denunciation of international treaties of the Russian Federation; the status and protection of the state border of the Russian Federation; war and peace. It seems important that the Federation Council not only pay special attention to these issues, but also carry out its own legislative work and make more active use of the right of legislative initiative.

Within the framework of the representative function, the powers of the Federation Council can be classified into several subgroups: a) personnel (institutional) powers; b) powers to resolve extreme situations; c) resolving issues of the federal structure; d) other powers.

The degree of importance and scale of the exclusive constitutional powers of the Federation Council for the implementation of its representative function testify to the expansion of the possibilities of the Federation Council to influence the formation of the personnel of the state power system, ensure federal statehood, and protect the rights and interests of the constituent entities of the Russian Federation. At the same time, when evaluating the activities of the Federation Council in the implementation of these powers, one cannot fail to note the dominance of the influence of the President of the Russian Federation as the head of state and the performance by the chamber in some cases of the role of an extra, “approving the will of the President”.

The control powers of the Federation Council are only partially defined in the Constitution of the Russian Federation. At the same time, based on the practice of their regulation in federal laws and in the Regulations of the Federation Council, the powers of the chamber include the following: control over the observance and execution of laws; budgetary and financial legislation; for the activities of the executive branch; for the sphere of state administration related to the implementation by the Federation Council of personnel appointments and dismissal from office. The fragmentation of the regulation of these powers confirms the importance of their systematization and definition in the Federal Law on the Federal Assembly of the Russian Federation or in a special federal law on the control powers of the Russian Parliament.

Considering the mechanism of relations between the Federation Council and the President of the Russian Federation, the Government of the Russian Federation, the State Duma of the Russian Federation, and the constituent entities of the Russian Federation, it is important to emphasize both the positive dynamics and the problems associated with the insufficient development of existing forms of interaction.

The subject of special attention on the part of science should be

01 *7 Interaction of the Federation Council with the subjects of the Russian Federation.

Despite the intensive development of federal legislation, which specifies the legal and institutional framework for the interaction of the Federation Council with the constituent entities of the Russian Federation, there are many opportunities for their improvement. The following areas of priority legislative measures can be distinguished:

Harmonization of federal and regional legislation in the field of joint jurisdiction in order to reasonably take into account the interests of the constituent entities of the Russian Federation when adopting federal laws (the adoption of a special Federal

217 Bulakov O.N. Interaction of the Federation Council with state authorities of the constituent entities of the Russian Federation, international and public organizations// Legislation and economics. M., 2004. No. 9. - S. 19-24. a law that defines the conditions and procedure for coordinating lawmaking on subjects of joint jurisdiction);

Improving the activities of the Federation Council in supporting the legislative initiative of the constituent entities of the Russian Federation (expanding mechanisms for influencing the consideration and adoption by the State Duma of draft legislative initiatives of the constituent entities, organizing their wide discussion; the provision by the apparatus of the Federation Council of services such as preliminary legal and methodological examination of legislative initiatives of the constituent entities of the Russian Federation). It would be advisable to create a methodological department for working with the regions under the Legal Department of the Federation Council, which would be entrusted with the functions of monitoring legislative and law enforcement practice in the constituent entities of the Russian Federation, systematization and examination of regional legislation in terms of the formation of a single legal space in the Russian Federation, accounting and preliminary examination of legislative initiatives of the constituent entities of the Russian Federation.

Development of the legal and institutional framework for the organization and activities of coordinating bodies formed with the simultaneous participation of representatives of the Federation Council and constituent entities of the Russian Federation and involved in the discussion of both legislative policy in general and specific laws and bills. In this direction, the activities of the Council of Legislators, whose potential can hardly be overestimated, need to be improved. Regular meetings of the heads of the chambers of the Federal Assembly and the heads of the legislative (representative) authorities of the constituent entities of the Russian Federation on issues of current legislation would be useful as intermediate forms of cooperation in order to increase the authority of this body.

Development of new forms of interaction between the Federation Council and state authorities of the constituent entities of the Russian Federation.

Based on the foregoing, it can be seen that the role of the Council

The federation has not yet been fully realized in the conditions of modern federalism, given the huge potential that the upper house has. It should be assumed that all the conclusions and proposals formulated in this work could be reflected in the near future in legislative and law enforcement practice, which, in turn, would serve as an impetus for the development of all Russian federalism.

1. The Constitution of the Russian Federation of December 25, 1993 (adopted by popular vote on December 12, 1993) as amended on December 30, 2008 // Rossiyskaya Gazeta of January 21, 2009.1. AAA

2. Resolution of the Constitutional Court of the Russian Federation of April 22, 1996 on the case of the interpretation of certain provisions of Article 107 of the Constitution of the Russian Federation // Collection of Legislation of the Russian Federation. 1996. No. 18. Art. 2253.

3. Resolution of the Constitutional Court of the Russian Federation of March 23, 1995 on the case of the interpretation of part 4 of Article 105 and Article 106 of the Constitution of the Russian Federation // Collection of Legislation of the Russian Federation. 1995. No. 13. Art. 1207.

4. Determination of the Constitutional Court of the Russian Federation of December 28, 1995 “On the refusal to accept for consideration the request of the State Duma of June 21, 1995 on the interpretation of Part 2 of Art. 95 of the Constitution of the Russian Federation” // Constitutional Court of the Russian Federation: Resolutions.

5. Definitions. 1992-1996. M., 1997.1. A to A

6. Federal constitutional law of February 26, 1997 No. 1-FKZ (as amended on 06/10/2008) "On the Commissioner for Human Rights in the Russian Federation" // Collection of Legislation of the Russian Federation. 1997. No. 9. Art. 1011.

7. Federal constitutional law of January 17, 1997 No. 2-FKZ (as amended on December 30, 2008) “On the Government of the Russian Federation” // Collection of Legislation of the Russian Federation. 1997. No. 51. Art. 5712.

8. Federal constitutional law of July 21, 1994 No. 1-FKZ (as amended on February 5, 2007) “On the Constitutional Court of the Russian Federation” // Collected Legislation of the Russian Federation. 1994. No. 13. Art. 1447.1. A A L

9. Federal Law of January 27, 2005 (as amended on December 30, 2006) No. 196-FZ “On the Parliamentary Investigation of the Federal Assembly of the Russian Federation” // Collection of Legislation of the Russian Federation. 2006. No. 1. Art. 7.

10. Federal Law of May 18, 2005 No. 51-FZ (as amended on February 9, 2009) “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation” // Collection of Legislation of the Russian Federation. 2002. No. 51. Art. 4982.

11. Federal Law of June 12, 2002 No. 67-FZ (as amended on April 5, 2009) “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” // Collection of Legislation of the Russian Federation. 2002. No. 24. Art. 2253.

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