Federation Council: legal status, formation procedure, structure, work procedure. Coursework: The constitutional and legal status of a deputy of the State Duma and a member of the Federation Council of the Federal Assembly of the Russian Federation The legal status of the Federation Council of the Federal

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Ministry Agriculture RF

State budget educational institution

Higher professional education

State University for Land Management

Department of State Law and Law Enforcement

Course work

On the topic of: "constitutional legal status Federation Council of the Russian Federation"

Completed by: 1st year student

legal fact

Peleshanko D.S.

Checked by: Prudnikov A.S.

Moscow 2013

Introduction

Conclusion

Introduction

The Russian Federation is defined in Art. 1 Constitution Russian Federation as a democratic federal constitutional state. The formation and activities of the highest bodies of state power are carried out in accordance with the principle of separation of powers and the principles of the federal structure, to which, in accordance with Art. 5 of the Constitution of the Russian Federation 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. 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 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, the events of 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. 2008 // Russian newspaper. - 2008. - No. 230 .. 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 by law, the work of citizens who have passed the procedure of public election, have experience in working with voters and represent not only the authorities of the subject of the Federation, but also, most importantly, directly its population.

The foregoing testifies to the relevance of the analysis of the historical, theoretical 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.

There are many disputes regarding the Federation Council, the amplitude of which has been stable over the past few years. high level. This is due to various factors: the Federal Law "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation", which followed its adoption by the rotation of the entire composition of the chamber; the election of a new leadership of the Federation Council. Interest is also driven by the chamber's claims to a new, more decisive role in the legislative process; the strengthening of its influence as a “confidant” of the regions in relations with the federal center; organizational restructuring of the chamber and other circumstances. Thus, the relevance of this work is beyond doubt.

Improving the constitutional and legal status of the Federation Council requires an appropriate scientific and theoretical understanding of its new aspects in the context of increasing the role of this chamber in strengthening and developing the federal statehood of Russia.

The foregoing testifies to the relevance of the analysis of theoretical 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 object of the research is public relations in the field of regulation of the legislative activities of the Federation Council of the Federal Assembly of the Russian Federation.

The subject of the study is the legal nature, state of the art and prospects for the effective operation of the Federation Council of the Federal Assembly of the Russian Federation.

The purpose of the course work is to study the representative and legislative nature of the Federation Council of the Federal Assembly of the Russian Federation.

This goal is realized in the work on the basis of solving the following tasks:

· identify the internal organization of the Federation Council of the Federal Assembly of the Russian Federation;

· determine the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation;

· Consider the powers of the Federation Council of the Federal Assembly of the Russian Federation.

1. The procedure for the formation of the Federation Council of the Russian Federation

The Federation Council is currently in its infancy. Undoubtedly, the foundations of the chamber have already been laid, and at the present stage there is an acute problem of increasing the efficiency of the exercise of state powers. Efficiency largely depends on how the chamber is formed, what method is chosen for this, how it is enshrined in law, to what extent it corresponds to the objective circumstances of the country's socio-political development, the needs of society and the idea of democratic participation of citizens in government.

The procedure for the formation of the Federation Council has a very importance not only in itself, but also in a number of aspects: the connection between the order of formation and the representative nature of the parliament; with the appointment of Parliament; with the principle of separation of powers; independence of a member of the Federation Council: a member of the Federation Council has a free or imperative mandate; the influence of the order of formation on the way the chamber works.

The experience gained by using various methods of forming the Federation Council needs close and detailed scientific study. The practical situation and the available scientific approaches need to be generalized and evaluated, the result of which can be conclusions and proposals for improving the formation procedure, which will help to find the most optimal variant of the procedure for the formation of the “chamber of regions”.

The procedure for the formation of the Federation Council is a set of certain methods and actions of authorized entities for the formation of the personal composition of the Federation Council, performed by them within the framework established by the Constitution of the Russian Federation, the legislation of the Russian Federation and regulatory legal acts subjects of the Russian Federation rules and procedures. The principle of formation of the Federation Council laid down in the Constitution of the Russian Federation contains some ambiguity and uncertainty in its implementation, which predetermined disputes about the nature of representation, place, and role of the Federation Council.

Considering the Federation Council, it is worth noting that the procedure for the formation of the Federation Council, during the entire existence of the chamber of the Russian parliament, has changed dramatically three times and these changes are a reflection of the evolution of Russian federalism. Today we can say that the procedure for the formation of the Federation Council is mixed, combining the use of two procedures - indirect elections in relation to representatives from legislative (representative) authorities and appointment - from the executive authorities of the constituent entities of the Russian Federation

The federal law regulating the procedure for the formation of the Federation Council is notable for the unresolved nature of many procedural issues of the formation of the Federation Council at the federal level, which led to the growth of the regulatory framework of the constituent entities of the Russian Federation on this issue, which does not always correspond to the federal one. The procedure for forming the Federation Council must be uniform and provide for the same procedural rules for the election (appointment) of members of the Federation Council for all subjects of the Russian Federation. It is possible to streamline and ensure the unity of the procedure for electing (appointing) members of the Federation Council by improving the current legislation governing the formation of the Federation Council, making appropriate changes and additions to it.

The Federation Council is based on the parity representation of the subjects of the Federation, each of which is represented in the chamber by two members - one each from the representative and executive bodies of state power. The first composition of the Federation Council was formed for a period of two years, which was provided for by Part 7 of Section 2 of the Constitution. The formation took place through direct elections held on the basis of the Regulations on the Election of Deputies of the Federation Council of the Federal Assembly of the Russian Federation in 1993, approved by Decree of the President of the Russian Federation of October 11, 1993 N 1626. On August 8, 2000, the new Federal Law of August 5 came into force 2000 No. 113-FZ "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation". The Chamber consists of representatives elected by the legislative (representative) bodies of state power of the subjects of the Russian Federation, or appointed by the highest officials of the subjects of the Russian Federation (heads of the highest executive bodies of state power of the subjects of the Russian Federation).

According to Art. 2, 3 and part one of Art. 5 of the Federal Law “On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation”, a member of the Federation Council - a representative of the legislative (representative) body of state power of a constituent entity of the Federation is elected by the relevant legislative body for the term of office of this body, and if the legislative body is formed by rotation (i.e. is re-elected not entirely, but in parts - in half, in thirds, etc.), then for the term of office established for once elected deputies of this body. A member of the Federation Council, representing a bicameral legislature, is elected in turn from each chamber for half the term of office of the respective chamber.

In 2004, it was established that a member of the Federation Council representing a unicameral legislative body must be elected no later than three months from the date of the first meeting in the competent composition of this body of a new convocation, including in the event of early termination of the powers of the previous convocation, and a member of the Council Federation representing a bicameral legislature or a legislature formed by rotation - from the date of expiration of the term for which the previous representative of the relevant body was elected. In the event of early termination of the powers of a member of the Federation Council representing the legislative body of a subject of the Federation, a new member of the Federation Council - a representative of this body must be elected within a period not later than three months from the date of termination of the powers of the previous member of the Federation Council.

Candidates for the election of a representative in the Federation Council from the legislative body of a constituent entity of the Federation are submitted for consideration by this body by its chairman. In a bicameral legislative body, candidates for the election of a representative in the Federation Council are submitted for consideration by this body in turn by the chairmen of the chambers. A group of deputies numbering at least one third of the total number of deputies may propose alternative candidates for the election of a representative in the Federation Council. The decision on election is taken by secret ballot and formalized by a resolution of the legislature, and if it is bicameral, then by a joint resolution of both of its chambers.

According to Art. 4 and part 2 of Art. 5 FZ Collection of Legislation of the Russian Federation of August 7, 2000 - N 32 - Art. 3336, a representative in the Federation Council from the executive body of state power of a subject of the Federation is appointed by the highest official of the subject of the Federation (head of the highest executive body) for the term of his powers. Its decision to appoint a representative in the Federation Council is formalized by a decree (decree), which (which) is sent to the legislative (representative) body of state power of the subject of the Federation within three days and enters into force if, at a regular or extraordinary meeting of the legislative body, two-thirds of the total number of its deputies will not vote against the appointment of this representative. A member of the Federation Council who is a representative of the executive body of state power of a subject of the Federation must be appointed no later than three months from the day the highest official of the subject of the Federation (the head of the highest executive body of state power of the subject of the Federation) takes office, including in the event of early termination of the powers of the previous highest official person (head of the highest executive body), and in case of early vacancy of the relevant mandate - no later than three months from the date of termination of the powers of the previous member of the Federation Council.

With the current approach of the federal legislator to regulating the procedure for forming the Federation Council, part of the procedures is regulated by acts of the constituent entities of the Federation. The regulations of the parliaments of the constituent entities of the Russian Federation have a varied approach to regulating the procedure: some regulate the procedure for terminating the powers of a representative from the legislature in the Federation Council, in other constituent entities, various acts regulate the legal status of a member of the Federation Council 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. - 2004 .- No. 9 - S. 21 ..

The introduction of a new procedure for the formation of the Federation Council did not put an end to the discussion about how it should be formed. The adopted procedure corresponds to the constitutional construction of the formation of the Federation Council: two representatives from the legislative and executive authorities. However, to what extent this representation and the formation procedure correspond to Art. 3 of the Constitution of the Russian Federation, which establishes the only source of power for the multinational people of Russia and in the form of one of the highest forms of direct expression of will - elections.

One way or another, this is a question of the future, and today, probably, we should talk about the qualitative improvement of the adopted legislative regulation of the formation of the upper chamber. Since there is a discrepancy in the regulation of procedures by the subjects described above, it may be worth abandoning the regulation of the procedure for considering candidates for the upper house of parliament by the regulations of the legislative authorities of the constituent entities of the Federation, as currently provided. It is advisable to place procedural provisions common to all subjects in the Federal Law “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation” Kolyushin E.I. Ways to reform the Federation Council of the Federal Assembly of the Russian Federation // Constitutional and municipal law. - 2006. - No. 4. - S. 11..

2. Powers of the Federation Council of the Russian Federation

It is advisable to single out two groups of powers of the Federation Council. The first group of powers are the powers that both chambers, in due sequence, decide together. These are legislative powers. The second includes those that each chamber decides alone, regardless of the activities of the other chamber. It includes the powers that M.V. Baglai characterizes as special powers that S.M. Shakhrai calls the powers associated with the organization of the activities of the chambers. Thus, the first group of powers of the Federation Council consists of its rights and obligations to ensure certain stages of the legislative process, the second - the powers enshrined in Art. 102 of the Constitution of the Russian Federation See: Baglai M.V. Constitutional Law of the Russian Federation: Textbook. - 6th ed., rev. and additional .. - M .: Norma, 2007. - S. 490-501 ..

According to a number of scientists, the Federation Council has less powers in the legislative sphere. At the same time, S.M. Shakhrai reduces them to the consideration of the laws adopted by the Duma, the approval or disapproval of such acts. It seems that such an approach to the role of the Federation Council in this area is somewhat simplified See: Shakhrai S.M. Constitutional law of the Russian Federation: Tutorial. - M.: Norma, 2003. - S. 340-349 .. The competence of the chambers of parliament should not be assessed only by listing the powers assigned to them. It should be evaluated on the basis of the importance of the respective powers. There is no doubt that the powers of the Federation Council are very significant. After all, as a rule, without his approval, federal laws do not acquire all the features inherent in laws. The significance of this procedure is confirmed by the fact that it stands out as an independent stage of the parliamentary legislative process.

The fundamentals of the activities of the Federation Council as a chamber of the Federal Assembly of the Russian Federation are defined in the Constitution of the Russian Federation. At the same time, the Federation Council has two more special powers than the State Duma. Note that Art. 102 of the Constitution does not use the term "powers", however, they are listed in part 1 of this article. It defines the powers of the Federation Council that it exercises independently, regardless, in particular, of the consent of another chamber of the Federal Assembly - the State Duma Avakyan S.A. Constitutional law of Russia: Training course. - 2nd ed., revised. and additional - M .: Jurist, 2007. - P. 417 .. Of course, in a number of cases, the exercise by the Federation Council of these powers must be preceded by some kind of legal event or legal fact, including the actions of other state bodies, but the decision of the Federation Council is neither of the will nor does not depend on the actions of these authorities. It is an act of power and has legal force.

Thus, in particular, the Federation Council was granted the right to approve changes in the borders between the constituent entities of the Russian Federation, approve decrees of the President of the Russian Federation on the introduction of martial law and a state of emergency, Part 1, Art. 102 of the Constitution of the Russian Federation. The fact is that changing the boundaries between the subjects of the Russian Federation may affect the federal interest or the interests of third subjects of the Federation. This possibility arises, in particular, from the existence of agreements between the Russian Federation and its constituent entities regarding the delimitation of subjects of jurisdiction and powers, as a result of which legal regime objects located on the territory that passes from one subject of the Federation to another. Other reasons for the interest of the Russian Federation and its third subjects in a certain solution to this territorial issue are also possible. The Federation Council is called upon to integrate the interests of all subjects of the Federation. The possibility of introducing martial law by the President of the Russian Federation is provided for by part 2 of Art. 87 of the Constitution. The specified provision of the Constitution obliges the President to immediately inform the chambers of the Federal Assembly about the introduction of martial law on the territory of the Russian Federation or in its individual areas. Obviously, the Federation Council must assess the validity of this measure as a whole and the expediency of its individual components. He owns the final decision. Appropriate decisions on the listed issues are formalized by the Federation Council by resolutions. His right to adopt such non-normative acts is enshrined in part 2 of the named article of the Constitution of the Russian Federation. The peculiarity of the implementation of this part of the competence of the Federation Council is that it is not due to the previous activities of the other chamber of parliament. The only exception is the question of the dismissal of the President of the Russian Federation from office.

The constitutional powers of the Federation Council include its right to participate in legislative activities at the federal level, which is quite natural, because. it is part of the legislative body of state power of the Russian Federation.

The Federation Council is endowed with rather extensive and very significant powers in the legislative sphere. In accordance with Art. 104 of the Constitution, he and his members have the right to submit a legislative initiative to the State Duma. Furthermore, in accordance with Art. 134 of the Constitution, the Federation Council or a group of members of the Federation Council numbering at least 1/5 of the total composition of this chamber have the right to make proposals for amendments to Ch. 3-8 of the Constitution of the Russian Federation Kozlova E.I. Constitutional law of Russia: textbook. - 4th ed., revised. and additional / E.I. Kozlova, O.E. Kutafin. - M.: Prospekt, 2007. - S. 427 ..

Article 105 of the Constitution establishes the right of the Federation Council to consider federal laws adopted by the State Duma. The implementation of this right is guaranteed at the constitutional level by imposing on the State Duma the obligation to send the adopted federal laws within five days for consideration by the Federation Council. At the same time, the Federation Council has the right to approve or reject them. In connection with the vesting of such powers, the Federation Council exercises a restraining function in relation to the State Duma and other subjects of the right to legislative initiative at the federal level. After all, without his approval, their initiatives cannot become laws.

Among the federal laws, which, in accordance with Art. 106 of the Constitution of the Russian Federation are mandatory considered by the Federation Council, the federal law on the federal budget for the next financial year applies. This constitutional provision has been developed in the Budget Code of the Russian Federation. This issue is covered in Art. 207-209 of the Code. They establish that the Federation Council, when considering the federal law on the federal budget for the next financial year, votes on its approval as a whole and after that, within five days from the date of approval, sends Kotov A.N. to the President of the Russian Federation for signing and promulgation. Constitutional Law of Russia: Textbook / A.N. Kotov, M.I. Kukushkin. - M.: Norma, 2008. - S. 367 ..

Article 107 of the Constitution of the Russian Federation grants the Federation Council the right to participate jointly with the State Duma in overcoming the suspensive veto of the President of the Russian Federation in cases where he rejects federal laws. Article 108 of the Constitution vests the Federation Council with the right to participate in the approval of federal constitutional laws.

The Federation Council is endowed with certain powers in the personnel sphere. Appointment to the post of judges of the Constitutional, Supreme and Higher Arbitration Courts is the prerogative of the Federation Council, which is reflected in paragraph "g" of Part 1 of Art. 102 of the Constitution. Thanks to this, the formation of the highest echelon of the entire judicial system of the country was “in the hands” of the upper chamber. The powers of the Federation Council, which have received the greatest popularity, are associated with the appointment and dismissal of the Prosecutor General of the Russian Federation and his deputies. The procedure for their appointment is very similar to the procedure for appointing judges of the above courts, however, it is regulated by a separate group of regulations (Articles 179-183 of the Rules of the Federation Council). The next authority is to form other state bodies and officials. According to Art. 102 of the Constitution, the appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors is the prerogative of the Federation Council.

Proposals for nominating candidates for the named positions are formed by committees and commissions of the Federation Council. The Commission for Interaction with the Accounts Chamber gives an opinion on each candidate, forms a list of candidates and submits it to a meeting of the Federation Council, where each candidate is discussed: members of the chamber ask questions to applicants, speak in favor or against. Secret voting is held for all candidates Avakyan S.A. Constitutional law of Russia: Training course. - 2nd ed., revised. and additional - M.: Jurist, 2007. - S. 513 ..

There is another problem outside the framework of the Constitution, which is being solved with the participation of the Federation Council. We are talking about the appointment and dismissal of members of the Central Election Commission of the Russian Federation. In accordance with the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", the Federation Council appoints five members of the CEC of Russia. Candidates are proposed by the legislative and executive bodies of state power of the constituent entities of the Russian Federation, which send their decisions to the Federation Council Kryshtanovskaya O. Putin's political reforms and the elite // Society and Economics. - 2003 . - No. 4-5 - P. 27. Voting is carried out in one stage, if no more than one candidate is proposed in each group of subjects of the Russian Federation. If at least one of the groups of subjects of the Federation proposes more than one candidate for the appointment of members of the CEC, voting is held in two stages. A person who receives a majority of the votes of the members of the Federation Council during the voting is considered to be appointed to the position of a member of the Central Election Commission. This decision is formalized by a resolution of the chamber.

Over the years of work of the Federal Assembly of the Russian Federation, more than two thousand laws of the federal level have appeared. Such an array of federal legislation ensures the consolidation of ongoing state-political and socio-economic transformations in our country. However, it seems that there is an urgent need to improve its quality Sadovnikova G.D. Parliamentary Procedures: Role and Importance in Ensuring the Representative Function of Parliament // Constitutional and Municipal Law. - 2006 . - No. 12. - P. 5..

The point of view that the Federation Council is called upon to express the interests of localities and regional opinions is quite justified. So far, he does not have the proper support from the population, because. in conflict situations it turns out to be unable to really resist the executive power, and in the legislative sphere it is engaged in activities whose directions are determined by the activity of the State Duma, without using all the opportunities and powers that are granted to it by the Constitution of the Russian Federation.

3. Organization of the activities of the Federation Council of the Russian Federation

The internal organization of the Federation Council of the Federal Assembly of the Russian Federation and the procedure for its work are determined by the Decree of the Federation Council of the Federal Assembly of the Russian Federation dated January 30, 2002 No. 33-SF "On the Regulations of the Federation Council of the Federal Assembly of the Russian Federation" with subsequent amendments and additions Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated January 30, 2002 January 30, 2002 No. 33-SF "On the Regulations of the Federation Council of the Federal Assembly of the Russian Federation" (as amended on March 29, May 29, December 11, 2002, February 12, March 26, 2003) RF SZ of February 18, 2002 city, No. 7, art. 635.

The Federation Council is headed by an official called the Chairman. He is elected from among the members of the Federation Council by secret ballot. The elected Chairman proposes candidates for the position of Deputy Chairman of the Federation Council, the number of which is established by the chamber. The rules of procedure of the chamber establish that the Chairman and Deputy Chairmen of the Federation Council cannot be representatives from one subject of the Russian Federation.

A member of the Federation Council nominated for election to the post of Chairman of the Federation Council has the right to declare self-rejection. All candidates who have agreed to run are subject to a discussion, during which they speak at a meeting and answer questions from members of the Federation Council. After discussion, the chamber approves the list of candidates for voting. A candidate is considered elected if, as a result of voting, he received more than half of the votes of the total number of members of the Federation Council.

The terms of reference of the Chairman of the Federation Council are very extensive, he:

a) convenes and chairs meetings of the Federation Council, organizes the work of the Council of the Chamber and chairs its meetings;

b) draws up a draft agenda for a sitting of the Federation Council, submits it for consideration by the Council of the Chamber, submits to the Council of the Federation the draft agenda for a meeting of the Federation Council considered by the Council of the Chamber;

c) signs resolutions of the Federation Council;

d) is in charge of the internal regulations of the chamber;

e) coordinate the work of committees and commissions of the Federation Council;

f) submits for preliminary consideration to the committees, commissions of the chamber in accordance with their jurisdiction draft laws of the Russian Federation on amendments to the Constitution of the Russian Federation approved by the State Duma, federal constitutional laws, federal laws adopted by the State Duma, as well as bills, amendments to bills developed by the committee , a commission of the Federation Council, a member of the Federation Council, which are supposed to be submitted to the State Duma in the exercise of the right of legislative initiative of the Federation Council;

h) submit for consideration to the legislative (representative) bodies of state power of the constituent entities of the Russian Federation adopted laws of the Russian Federation on amendments to the Constitution of the Russian Federation;

i) forward to the President of the Russian Federation for signing and official publication laws of the Russian Federation on amendments to the Constitution of the Russian Federation, federal constitutional laws and federal laws approved by the Federation Council;

j) submit to the State Duma draft laws of the Russian Federation on amendments to the Constitution of the Russian Federation, federal constitutional laws and federal laws rejected by the Federation Council;

k) submit to the committees, commissions of the Federation Council and the Legal Department of the Office of the Federation Council for the preparation of proposals legislative acts adopted by the Parliament of the Union State, the Inter-Parliamentary Assembly of the Eurasian Economic Community, model legislative acts adopted by the Inter-Parliamentary Assembly of States Members of the Commonwealth of Independent States, etc.

Along with the implementation of organizational functions to restore the internal order of the chamber, the Chairman of the Federation Council is endowed with a number of powers that can be described as representative. Thus, he was granted the right to represent the chamber in relations with the President of the Russian Federation, the State Duma, the Government of the Russian Federation, state authorities of the constituent entities of the Russian Federation, the Constitutional Court of the Russian Federation, the General Prosecutor's Office of the Russian Federation, as well as with public associations, statesmen and parliaments foreign states, international parliamentary organizations.

In addition, the Chairman of the Federation Council was instructed to swear in a person appointed to the position of a judge of the Constitutional Court of the Russian Federation; make decisions on awarding citizens and organizations of the Russian Federation, as well as citizens of foreign states, with the Certificate of Honor of the Federation Council of the Federal Assembly of the Russian Federation and sign it.

The Chairman of the Federation Council is obliged to submit reports to the Federation Council on the activities of the chamber and on the draft program of its legislative work. On issues within its competence, the Chairman issues orders and gives instructions.

The list of powers of the Chairman of the Federation Council contained in the Regulations of the Federation Council is not exhaustive. It is envisaged that the Chairman of the Federation Council also decides other issues of organizing the activities of the Federation Council in accordance with the legislation of the Russian Federation.

Deputy Chairmen of the Federation Council replace the Chairperson of the Federation Council during his absence, and on behalf of the Chairperson of the Federation Council, they have the right to sign resolutions of the chamber and issue orders. They are instructed to present the recipients with a Certificate of Honor of the Federation Council, organize the interaction of committees and commissions of the Federation Council, and also exercise other powers on issues of the internal regulations of the chamber in accordance with the Rules of the Federation Council and the distribution of duties between deputy chairmen of the Federation Council.

For the preparation and consideration of issues related to the activities of the Federation Council related to its permanent functioning, a permanent body is formed in the chamber - the Council of the Chamber.

It consists of the Chairman of the Federation Council and his deputies, chairmen of committees and standing commissions of the Federation Council, who have the right of a decisive vote on all issues considered by the Council of the Chamber.

The meetings are attended by authorized representatives of state authorities, a member of the Federation Council, authorized representatives of the Federation Council in state bodies, the Chief of Staff of the Federation Council and his deputies.

Decisions of the Council of the Chamber are adopted by a majority vote of the total number of members of the Federation Council that make up it, and are drawn up in the form of extracts from the minutes of the meeting of the Council of the Chamber, which is signed by the chairperson of the meeting of the Council of the Chamber. The Federation Council has the right to cancel the decision of the Council of the Chamber.

Chamber Council:

a) approve the schedules of meetings of the Federation Council for the spring and autumn sessions;

b) discusses the degree of preparation of issues submitted to a sitting of the Federation Council;

c) considers the draft agenda for a sitting of the Federation Council;

d) generates a list of persons invited to a sitting of the Federation Council;

e) approves, on the recommendation of the Chairman of the Federation Council, the regulation on the activities of authorized representatives;

f) makes decisions on holding parliamentary hearings;

g) consider and approve the plan of inter-parliamentary cooperation of the Federation Council, the composition of delegations of the Federation Council sent abroad. heads of these delegations, their deputies, accompanying persons. and also determines the scope of powers of delegations of the Federation Council and travel expenses;

h) hear information from committees, commissions of the Federation Council, officials of the Federation Council on the implementation of resolutions of the Federation Council that contain proposals to bodies and officials, as well as instructions to committees, commissions of the Federation Council, officials of the Federation Council;

i) periodically hear reports from the Chief of Staff of the Federation Council on the work of the Staff of the Federation Council, etc.

Federation Council meetings are held in Moscow. Each member of the House is assigned a permanent seat in the meeting room. Special seats are reserved for the President, the Chairman of the Government of Russia, deputies of the State Duma, members of the Government, chairmen of the Constitutional, Supreme, Supreme Arbitration Courts, the Chairman, Deputy and Auditors of the Accounts Chamber, the Prosecutor General, the Chairman of the Central Election Commission, the President's Plenipotentiary in the Federation Council and the Representative of the Government in the Federation Council Kotov A.N. Constitutional Law of Russia: Textbook / A.N. Kotov, M.I. Kukushkin. - M.: Norma, 2008. - S. 360 ..

Sessions of the Chamber in accordance with Art. 41 of the Regulations of the Federation Council are held from September 16 to July 15. Morning sessions are held from 10:00 to 14:00 with a break of 30 minutes, evening sessions - from 16:00 to 18:00. Meetings are open, but the chamber, at the suggestion of the President of Russia and the Prime Minister leading the meeting, as well as a group of members of the chamber of at least 25 people or a committee (commission), may decide to hold a closed meeting See: Collection of Legislation of the Russian Federation of August 7, 2000 - N 32 - Art. 3336..

This decision is made by a majority vote, but not less than 46 votes. At the meeting of the Federation Council, minutes and transcripts are kept. A transcript is a verbatim reproduction in writing of everything that was said by the participants in the meeting. Changes and additions to the transcript are not allowed. The minutes of the meeting are signed by the chairman. The transcript of an open session is published in the Bulletin of a session of the Federation Council, and the transcript of a closed session is kept in a structural subdivision of the Administration of the Federation Council as a secret document.

A session of the Federation Council is considered competent if more than half of the total number of members of the chamber is present.

First of all, the following issues are considered at the meeting of the Federation Council:

a) messages and addresses of the President of Russia;

b) draft acts of the Federation Council on issues within the jurisdiction of the Federation Council in accordance with the Constitution of the Russian Federation;

c) draft laws of the Russian Federation on amendments to the Constitution, approved by the State Duma; federal constitutional laws approved by the State Duma; federal laws adopted by the State Duma and subject to mandatory consideration in the Federation Council;

d) proposals to revise the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation;

e) proposals to send inquiries from the Federation Council to the Constitutional Court of the Russian Federation.

Presiding officer at the meeting of the Chamber:

announces the opening and closing of the meeting;

presides over the session of the chamber;

ensures compliance with the provisions of the Regulations;

gives the floor to speak in the order of receipt of registered applications;

gives the floor on a point of order;

announces the proposals of the members of the chamber on the issues considered at the meeting and announces the sequence of putting them to the vote;

answers questions addressed to him, gives information;

ensures order in the meeting room, can remove persons interfering with work from it;

ensures the implementation of organizational decisions;

signs the minutes of the meeting;

has the right to warn a member of the Federation Council about a violation of the provisions of the Regulations, and in case of repeated violation, Baglay M.V. may deprive him of his word. Constitutional Law of the Russian Federation: Textbook. - 6th ed., rev. and additional .. - M .: Norma, 2007. - S. 521 ..

At the same time, at the meeting, the chairperson is not entitled to express his own opinion on the issues under discussion, comment on speeches, characterize the speakers, otherwise he is obliged to transfer his functions to another chairperson.

The following main types of speeches are provided at the meetings: report (up to 15 minutes), co-report (up to 10 minutes), final speech on the issue under discussion (up to 5 minutes), speech of a candidate for an elected (appointed) position (up to 5 minutes) , speeches in the debate, on the candidate under discussion, on the reasons for voting and the order of the meeting, proposal, reference, information, statement, appeal (up to 3 minutes). After the set time has elapsed, the speaker's microphone will be muted without warning. No one has the right to speak at a meeting of the Federation Council without the permission of the chairperson. Anyone who violates this rule is deprived of the word without warning Avakyan S.A. Constitutional law of Russia: Training course. - 2nd ed., revised. and additional - M.: Jurist, 2007. - S. 527 ..

If a member of the Federation Council did not have time to speak due to the closure of the debate, then he has the right to attach the text of the speech signed by him to the transcript of the meeting.

In addition, members of the Federation Council have the right to distribute in the meeting room documents and materials related to the issues included in the agenda, while they must be signed by the initiator (initiators) of their distribution and endorsed by the Chairman of the Chamber or his deputy.

Voting at a meeting of the Federation Council is carried out using an electronic system or ballots. To conduct voting by ballots, the Federation Council creates a Counting Commission from among its members, which is the working body of this meeting Simonyan G.R. The mechanism for ensuring the interests of the constituent entities of the Russian Federation in the activities of federal government bodies // Journal Russian law. - 2006. - No. 3. - S. 49 ..

The regulation determines that a member of the Federation Council personally exercises his right to vote. The current version, unlike the previous one, does not contain a wording on the possibility of a survey on subscription lists, but regulates in some detail the procedure for open, secret and roll-call voting.

Decisions adopted at meetings are documented by resolutions of the Federation Council or extracts from the minutes of the meeting. On general political and socio-economic issues, the Federation Council may issue statements, appeals, adopted in the same manner as resolutions of the chamber. All draft acts submitted for consideration by the Federation Council undergo legal and linguistic expertise in the Legal Department of the Administration of the Federation Council, are endorsed by their officials and, within 96 hours from the date of adoption, are sent for submission to the Chairman of the Federation Council for signature, registration and distribution.

Members of the Federation Council submit written proposals to the Chairman of the Chamber on inviting members of the Government to the meeting and an approximate list of issues of interest to parliamentarians.

In turn, the Chairman of the Federation Council determines the committee of the chamber responsible for preparing and holding the "government hour", which invites no more than two members of the Government of Russia to the meeting. Invitations are sent to members of the Government no later than five days before the meeting. If an invited member of the Government is unable to attend the meeting, he/she has the right to give written answers to the questions asked, which are then brought to the attention of the members of the chamber. Members of the Federation Council who are not satisfied with the written response may re-invite him for an oral response.

A proposal on a parliamentary inquiry may be submitted by the Chairman of the chamber, his deputy, a committee (commission) on their matters, as well as two members of the Federation Council representing one subject of the Russian Federation, or a group of members of the chamber of at least five people.

An oral response to a parliamentary inquiry is given by an official at the next meeting of the chamber, and a written response must be sent to the Federation Council no later than 15 days from the date of receipt of the request by Kozlova E.I. Constitutional law of Russia: textbook. - 4th ed., revised. and additional / E.I. Kozlova, O.E. Kutafin. - M.: Prospekt, 2007. - S. 431 ..

Parliamentary hearings may be held at the initiative of the Chairman of the Chamber, his deputies, committees within their powers, or a group of members of the Federation Council of at least 15 people. Hearings may be open or closed and may be held jointly with committees and commissions of the State Duma. The organization of holding parliamentary hearings is entrusted to the relevant committee of the chamber.

Information about the topic, time and place of the parliamentary hearings is transmitted to the Press Service of the Federation Council no later than 12 days before the start of the parliamentary hearings. The press service, in turn, no later than 10 days before the start of the hearing notifies the media mass media and the public about the upcoming event. The responsible committee determines the composition of the invited persons who notify of the holding of parliamentary hearings See: Collection of Legislation of the Russian Federation of August 7, 2000 - N 32 - Art. 3336..

Hearings are generally open to members of the media and the public. But there may also be closed parliamentary hearings at which issues related to state, official or other secrets protected by law are discussed.

It should be noted that members of the Federation Council and the plenipotentiary representative of the President in the chamber have the right to participate in both open and closed parliamentary hearings. The list of persons entitled to attend closed parliamentary hearings is determined by the responsible committee of the chamber and agreed with the Chairman of the Federation Council or his deputy. Representatives of the media and the public are not allowed to attend closed parliamentary hearings.

The committee responsible for preparing and holding parliamentary hearings prepares all information materials, draft conclusions, recommendations and other documents that are expected to be adopted as a result of these hearings, including bills and draft resolutions. To this end, by order of the Chairman of the Chamber, working groups may be formed with the involvement of employees of the Administration and external experts. Based on the results of parliamentary hearings, recommendations can be adopted.

Conclusion

federation council parliamentary hearing

Of all the institutions of state power, the establishment and improvement of which was occupied by Russian society during the many years of the 1993 Constitution of Russia, the most difficult fate was for the Federation Council. At first glance, the questions we are considering should not cause difficulties. But, studying these issues in more and more detail, we came to the conclusion that there are many problems of a different nature in this area.

Summing up what has been said, we note that the Federation Council expresses the federal nature of the state structure of Russia, unites the interests of the federal center and the regions into a single whole. At the same time, the Federation Council is a body that ensures the internal balance of the chambers in the structure of the Federal Assembly.

Which of the two houses of the Federal Assembly represents the will of the people? Answering this question, we share the point of view of the Constitutional Court of the Russian Federation on the multidimensional nature of popular representation in the Russian Federation. At the same time, the State Duma ensures the direct representation of the population, and the Federation Council - the representation of the interests of the Russian regions and their authorities. The Federation Council is a member of the system of relations of people's representation, in which it acts as a spokesman for the interests already agreed upon and worked out in the regional authorities.

According to the position of the Constitutional Court, the idea of popular representation is embodied not only in the fact of the very existence of the Federal Assembly and its chambers, but must also be taken into account in their practical activities. This requirement must be implemented in the internal structure of the chambers, procedural rules, acts of parliament. In order to ensure representation, acts of parliament must embody the interests of the majority in society, and not just the parliamentary majority itself, the said resolution says. In other words, the Constitutional Court not only does not deny the representative nature of the Federation Council, but, on the contrary, recognizes and substantiates it by the need to represent the interests of the constituent entities of the Russian Federation.

List of used literature

Regulations:

1. The Constitution of the Russian Federation: Adopted by popular vote on December 12, 1993. - M., 2009.

2. On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation: Federal Law of August 5, 2000 N 113-FZ (as amended on July 21, 2007) // Collection of Legislation of the Russian Federation of August 7, 2000 - N 32 - Art. 3336.

3. 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: Federal Law of May 8, 1994 N 3-FZ (as amended on October 27, 2008) // Collection of Legislation of the Russian Federation of May 9, 1994 - N 2 - Art. 74.

4. On the Regulations of the Federation Council of the Federal Assembly of the Russian Federation: Resolution of the Federation Council of the Federal Assembly of the Russian Federation of January 30, 2002 N 33-SF // Parliamentary newspaper of February 19, 2002 - N 35-36.

5. On elections to the Federation Council of the Federal Assembly of the Russian Federation: Decree of the President of the Russian Federation of October 11, 1993 N 1626 // Collection of acts of the President and Government of the Russian Federation of October 18, 1993 - N 42 - Art. 3994.

Special literature:

6. Avakyan S.A. Constitutional law of Russia: Training course. - 2nd ed., revised. and additional - M.: Jurist, 2007. - 778s.

7. Baglay M.V. Constitutional Law of the Russian Federation: Textbook. - 6th ed., rev. and additional .. - M .: Norma, 2007. - 784 p.

8. 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. - 2004 .- No. 9 - S.19-24.

9. Bulakov O.N. Development of the structure of the upper chambers of parliaments: Russian practice and world experience // Legislation and Economics. - 2004 . - No. 3 - S.27-31.

10. Kozlova E.I. Constitutional law of Russia: textbook. - 4th ed., revised. and additional / E.I. Kozlova, O.E. Kutafin. - M.: Prospekt, 2007. - 608s.

11. Kolyushin E.I. Ways of reforming the Federation Council of the Federal Assembly of the Russian Federation // Constitutional and municipal law. - 2006. - No. 4. - P.7-14.

12. Kotov A.N. Constitutional Law of Russia: Textbook / A.N. Kotov, M.I. Kukushkin. - M.: Norma, 2008. - 544 p.

13. Kryshtanovskaya O. Putin's political reforms and the elite // Society and economy. - 2003 . - No. 4-5 - S.3-50.

14. Sadovnikova G.D. Parliamentary Procedures: Role and Importance in Ensuring the Representative Function of Parliament // Constitutional and Municipal Law. - 2006 . - No. 12. - S.2-6.

15. Simonyan G.R. The mechanism for ensuring the interests of the constituent entities of the Russian Federation in the activities of federal government bodies // Journal of Russian Law. - 2006. - No. 3. - P.44-52.

16. Shakhrai S.M. Constitutional Law of the Russian Federation: Textbook. - M.: Norma, 2003. - 441s.

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Introduction

Conclusion

Literature

Introduction

The establishment of a bicameral parliament by the Constitution of the Russian Federation, accompanied by the establishment of other parameters of parliamentarism, is a very noticeable event in the organization of state power in modern Russia. In accordance with the Basic Law of the country, the Federation Council performs various functions. Performing a representative function, it expresses the interests of the subjects of the Federation at the federal level, earning itself the role of the “chamber of Russian regions”. As a full participant in the legislative process, the Federation Council bears its share of burdens in the legislative sphere. They also have a control function. Finally, it has the function of containing the lower house of parliament, which is specific to all upper chambers. In this role, he acts as an element of the intra-parliamentary system of "checks" and "balances". The very fact that the method of forming the Federation Council has changed three times since 1993 in the most decisive way shows that this body serves as one of the main sources of parliamentary reforms in our country. The transformation of the upper house of the Russian parliament is not yet completely completed. They relate to various aspects of the organization and activities of the Federation Council: the methods of its formation (this topic continues to be debated); transition to a permanent mode of work of its members; changes in the structure of this body, etc. Taking into account the above, as well as the practice of the Federation Council, which often finds itself at the center of the most important political events, it becomes obvious that the upper house of the Russian parliament requires independent research.

1. History of the Federation Council

Understanding the role and place of the organs of popular representation in the political system of modern Russia is impossible without a comprehensive understanding of the centuries-old history of legislative institutions - from the Council and the Boyar Duma, to the pre-revolutionary State Dumas and the State Council, Soviet democracy, modern forms of parliamentary democracy.

The Decree of the Presidium of the Supreme Soviet of the RSFSR of January 30, 1991 approved the Regulations on the Federation Council of the RSFSR as an advisory and coordinating body composed of the Chairman of the Supreme Council of the RSFSR (Chairman of the Federation Council), Chairmen of the Supreme Soviets of the republics, autonomous regions and districts, territories, regions, Moscow and Leningrad city councils. The Federation Council of the RSFSR met twice for its meetings (November 22, 1990 and January 23, 1991) and made a certain contribution to the preparation of the Federal Treaty.

After the implementation of the constitutional reform at the end of 1993, the authorities Soviet power stop their work both at the national level (Congress, Supreme Council), and in most subjects of the Federation.

Decrees of the President of the Russian Federation of October 11, 1993 (No. 1626) "On elections to the Federation Council of the Federal Assembly of the Russian Federation" and of November 6, 1993 (No. 1846) "On clarifying the Regulations on the election of deputies of the State Duma in 1993 and the Regulations on elections deputies of the Federation Council of the Federal Assembly of the Russian Federation in 1993” determined the formation of the Federation Council through elections according to the majoritarian system.

The Constitution of the Russian Federation, adopted on December 12, 1993, secured the status of the bicameral parliament of Russia, including its upper house, the Federation Council.

The regulation on elections to the Federation Council of the Federal Assembly of the Russian Federation of the first convocation provided that this body should include two deputies from each subject of the Federation. Deputies of the upper chamber are elected on the basis of a majoritarian system in two-seat electoral districts formed within the administrative boundaries of the subjects of the Federation (one district on the territory of each subject of the Federation). Candidates for the Federation Council were nominated by groups of voters and electoral associations.

A total of 494 candidates for deputies of the Federation Council were registered. On December 12, 1993, elections were held to the Federation Council of the first convocation. A total of 171 people were elected. On March 13, 1994, elections to the Federation Council were held in Tatarstan, and on May 15, 1994 - in the Chelyabinsk region, as a result of which 4 more people were elected to the Federation Council. As a result, 175 deputies were elected to the upper chamber. Avakyan S. A. The Federal Assembly - the Parliament of Russia. M., 1999

In accordance with the transitional provisions of the Constitution of the Russian Federation, deputies of the Federation Council of the first convocation exercised their powers on a non-permanent basis.

The first Chairman of the Federation Council, elected on January 13, 1994, was Vladimir Filippovich Shumeiko. For 2 years of work of the Federation Council of the first convocation in 1994-1995. at 32 meetings of the Federation Council, 773 resolutions were adopted on issues within their jurisdiction.

At the end of 1995, the Federal Law “On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation” was adopted, according to which the Federation Council included two representatives from each subject of the Russian Federation: the head of the legislative (representative) and the head of the executive bodies of state power, ex officio.

On January 23, 1996, the Federation Council of the second convocation began its work. At the first meeting of the Federation Council on February 23, 1996, Yegor Semenovich Stroev, Head of the Administration of the Orel Region, was elected Chairman of the Federation Council.

During the work of the Federation Council of the second convocation in 1996-2001. At 47 meetings of the Federation Council, 2,843 resolutions were adopted on the issues of conducting the chamber.

The main result of the activities of the upper house of the Federal Assembly in 1996-2000 was the practical formation of the Federation Council as a "chamber of regions" - a real guarantor of the country's political stability.

During this period, the Federation Council becomes the initiator of major international actions. Among them, a prominent place was occupied by the annual St. Petersburg Economic Forum, the first meeting of which took place in the summer of 1997. The forum was attended by parliamentarians and leaders of countries near and far abroad, representatives of business circles, banking and financial structures, and public figures.

In September 2000, under the auspices of the Federation Council, the Baikal Economic Forum was held, and in the following 2001, an international conference “Baikal is a world heritage: economy, ecology” was held within its framework.

On August 8, 2000, the new Federal Law “On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation” came into force.

One of the main reasons for introducing changes to the procedure for the formation of the Federation Council was the need to ensure such a procedure for the formation of the upper chamber, in which the powers of the members of the Federation Council would be exercised on a permanent basis.

In accordance with the new law, a representative in the Federation Council from the executive body of state power of a subject of the Russian Federation is appointed by the highest official of a subject of the Russian Federation (head of the highest executive body of state power of a subject of the Russian Federation) for the term of his powers.

A member of the Federation Council - a representative of the legislative (representative) body of state power of a subject of the Russian Federation is elected by the legislative (representative) body of state power of a subject of the Russian Federation for the term of office of this body, and when forming a legislative (representative) body of a subject of the Russian Federation by rotation - for term of office of the once-elected deputies of this body.

However, since in a number of constituent entities of the Russian Federation - the Republic of Bashkortostan, the Kabardino-Balkarian Republic, the Republic of Karelia, the Republic of Sakha (Yakutia) and Sverdlovsk region bicameral legislative (representative) bodies of state power were formed, new law provided that a member of the Federation Council - a representative of a bicameral legislative (representative) body of state power of a constituent entity of the Russian Federation is elected in turn from each chamber for half the term of office of the corresponding chamber. Avakyan S. A. The Federal Assembly - the Parliament of Russia. M., 1999

Before the decisions on the election (appointment) of new members of the Federation Council in accordance with the procedure established by the new Federal Law come into force, members of the Federation Council - representatives ex officio from the constituent entities of the Russian Federation in the Federation Council were to continue to exercise their powers.

On December 5, 2001, Sergei Mikhailovich Mironov, a representative in the Federation Council from the Legislative Assembly of St. Petersburg, who was appointed a member of the Federation Council in accordance with the new Federal Law, was elected Chairman of the Federation Council.

In January 2002, the "rotation" of members of the Federation Council, as provided for by the new Federal Law, ended. On January 16, 2002, the Federation Council of the third convocation began work in a new composition.

On January 30, 2002, the Federation Council adopted new Rules of Procedure of the Chamber, which, according to the Chairman of the Federation Council S. M. Mironov, was based on three main principles: an accurate reflection of its constitutional powers, maintaining continuity in work and creating a structure of the Chamber that is closest to to the structure of the committees of the State Duma.

The main goal of the Federation Council, according to the Chairman of the Federation Council S. M. Mironov, is to strengthen "the federal model of the state-legal self-organization of Russia, the unity of its political, socio-economic and cultural space."

2. Federation Council in the structure of the Russian parliament

federation council russia

The Russian parliament - the Federal Assembly consists of two chambers: the Federation Council and the State Duma. This constitutional provision is formulated in Part 1 of Art. 95 of the Basic Law of the country. It caused a fundamentally new political and legal situation, when dealing with two independent formations of the Federal Assembly, the role of which differs significantly.

The nature of the Federation Council is such that it allows us to speak of its two meanings. Firstly, it is the federal constitutional body of Russia, expressing its federal-state character. Reflecting the opinions and interests of the subjects of the Federation, the upper chamber received an unofficial but well-deserved status of the “chamber of Russian regions”, through which the subjects take part in federal lawmaking and government. This is the essence of the federal component of the nature of the Federation Council. Its other component is that the upper chamber of the Russian parliament is the state body of the entire Federation. Its acts are directed not to individual subjects, but to the entire state, the Russian Federation as a whole.

Secondly, the Federation Council appears as an intrastructural division of the Federal Assembly of Russia, which performs the representative, legislative, control and other functions established by the Constitution.

Thus, being a federal state body, the Federation Council simultaneously acts as a part of the all-Russian parliament.

There are many disputes regarding the Federation Council, the amplitude of which has been at a consistently high level in recent years. This is due to various factors: the new Federal Law of August 5, 2000. SZ RF. 2000. No. 32. Art. 3336 “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation”; the rotation of the entire composition of the chamber that followed its adoption; the election of a new leadership of the Federation Council. Interest is also driven by the chamber's claims to a new, more decisive role in the legislative process; the strengthening of its influence as a “confidant” of the regions in relations with the federal center; organizational restructuring of the chamber and other circumstances.

The subject of disputes are the following provisions.

First, the main question of the expediency of this body is still being debated. It would seem that his very staging is redundant. After all, the Constitution of the Russian Federation, having fixed the bicameral organization of the Federal Assembly, has already answered it. Nevertheless, this topic continues to be discussed, especially after the reform of the Federation Council. Thus, the leader of the “Regions of Russia” deputy group created in the State Duma, O. Morozov, believes that the issue of the role and place of the Federation Council has not yet found its political and legal solution, and therefore, after some time, there may be a reason for more serious and in-depth consideration the question of whether Russia needs a bicameral parliament Katin V., Shiryaeva N. Complete meeting of subjects // Profile. 2002. No. 5, p. 17-20.. It seems that this is a controversial statement, especially in terms of indicating the uncertainty of the legal status of the Federation Council. Speaking about the expediency of the second chamber, the famous French statesman Marcel Prelo emphasized that the bicameral structure has a natural basis only in federal states. This construction organically fits into the constitutional traditions of modern federations. “In a federal state,” Belgian professor A. Alain points out, “a bicameral system is far from superfluous, since in a federal structure with a unicameral system, parliament is considered as a representative of territorial units and is one of the elements of centrifugal forces. Hence the participation of territories in decision-making at the national level, especially on issues of their status, which is an essential feature of a federal state. Such a procedure is the prerogative of the second state chamber, where territorial entities are represented” Alain A. “Nationalism - federalism - democracy. Example of Belgium”. Publishing House of the Leuven Institute for Central and Eastern Europe. 1994. S. 34-35. Even Soviet lawyers, who were critical of the dualism of the chambers, recognized its validity in the federations. These ideas have retained their value in modern theory and practice of Russian federalism. "The bicameralism of the Federal Assembly, - notes the Chairman of the Constitutional Court of Russia M.V. Baglai, - is the fundamental basis of real federalism, designed to expand the rights and independence of the people." Baglai M.V. Constitutional law of the Russian Federation. M., 2001. S. 449.

Another argument in favor of the expediency of the upper house is related to the specific constitutional function it performs. It is a counterweight to the lower house. The concentration of parliamentary power in the hands of a single chamber is regarded as a political risk, from which effective protection is required. Proving the usefulness of the establishment of a bicameral parliament by the American constitution, J. Madison and A. Hamilton noted that the need for a Senate indicates the tendency of all legislative assemblies to succumb to sudden outbursts of violent passions, and, following the lead of seditious leaders, make ill-conceived pernicious decisions. Federalist. Political essay by A. Hamilton, J. Madison, and J. Jay. M., 1994. S. 410.

The division of the Federal Assembly contributes to balancing the legislative power, in this sense the Federation Council acts as an element of the intra-parliamentary system of “checks” and “balances”. According to the apt expression of B. L. Vishnevsky, in modern Russia, which decided to implement such a model, a “legislative brake” in the form of the Federation Council was put on the “legislative engine” in the person of the State Duma. Vishnevsky BL Should governors be federal politicians. // Independent newspaper. 2000. Feb. 1 Even in the process of increasing its role in law-making activity, initiated by the Federation Council itself, one can see the manifestation of that same restraining, inhibiting principle. By implementing it, the Federation Council is forcing the State Duma to act more prudently. Salikov M. S. Comparative federalism of the USA and Russia. Yekaterinburg, 1998. S. 165.

The Federation Council expresses the federal nature of the state structure of Russia, unites the interests of the federal center and the regions into a single whole. At the same time, the Federation Council is a body that ensures the internal balance of the chambers in the structure of the Federal Assembly.

Secondly, the powers of the Federation Council remain a reason for discussion. The most radical proposals related to the withdrawal of powers belonging to the upper house followed after the creation of a new federal structure - the State Council. It is viewed by many as a kind of competitor capable of ousting the Federation Council not only from political life but also from the constitutional field. It is unlikely that the State Council will outgrow its role as an advisory, political and consultative body. It is doubtful that it can compete with a federal constitutional body such as the Federation Council, whose status is defined in the country's Basic Law.

More plausible are proposals for a significant adjustment of the powers of the Council in the legislative sphere. This is due to the increased activity of the Chamber as a whole. There may be several options for the development of events.

The most realistic one is related to the exercise of the Federation Council's right to introduce amendments to bills to the State Duma when they are being prepared for the second reading. Such work will take place mainly within the framework of the conciliation procedures provided for by the Constitution. As a matter of fact, it is not forbidden even now, it's just that the Federation Council has not dealt with such issues systematically before. In order to formalize this process, it is necessary to amend the Regulations of the Federation Council regarding the use of this right. Quite painlessly, without any constitutional amendments, it is possible to resolve another issue - the expanded use by the Federation Council of the right of legislative initiative. Previously, the Chamber used this right sluggishly. Mode permanent job new Federation Council allows to activate this side of its activity.

As for more serious, profound changes aimed at ensuring full equality of the Federation Council and the State Duma in the legislative process, amendments to the Constitution of the Russian Federation will be required.

The main functions of the parliament: representative, legislative and control, expressing the sovereign will of the people, are transferred to the Federation Council and the State Duma. Moreover, the Federation Council performs a special function of containing the lower house.

The competence of the Federation Council depends both on the general and subject competence of the Federal Assembly. It seems that the general competence is divided into three main subject competences: legislative, representative and control - according to the number of relevant functions of the Federal Assembly. The subject competence of the Federal Assembly corresponds to the special competences of the Federation Council and the State Duma in the same areas of activity: representative, legislative and control.

Article 94 of the Constitution of the Russian Federation recognizes the Federal Assembly as a representative body of state power, exercising an appropriate representative function. The structure of the Federal Assembly, which consists of two chambers, reflects the multidimensional nature of popular representation. At the same time, the State Duma expresses the representation of the population, hence its unofficial description - the people's chamber. The Federation Council, in turn, ensures the representation of the subjects of the Federation (another characteristic, the chambers of regions, is firmly rooted behind it).

The representative nature of the Federal Assembly has different forms of manifestation. The State Duma personifies the direct
representation of the population. The Federation Council is a special form of representation - territorial. If the State Duma is unconditionally recognized as a symbol of direct democracy, then it is fair for the Federation Council to retain the role of spokesman for the interests of the population identified and mediated by the state authorities of the regions. The Federation Council is a participant in the system of relations of indirect people's representation.

3. Competence of the Federation Council

The powers of the Federation Council are determined by the Constitution of the Russian Federation. The main function of the chamber is the exercise of legislative powers. The procedure for consideration by the Federation Council of federal constitutional laws and federal laws approved or adopted by the State Duma, respectively, is determined by the Constitution of the Russian Federation and the Regulations of the Federation Council.

The organization of legislative work in the Federation Council is carried out in two main areas:

The Federation Council, together with the State Duma, participates in the development of draft laws, the consideration of laws and the adoption of decisions on them; in the exercise of the right of legislative initiative, the Federation Council independently develops draft federal laws and federal constitutional laws.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council: the federal budget; federal taxes and fees; financial, currency, credit, customs regulation, money issue; ratifications and denunciations international treaties Russian Federation; the status and protection of the state border of the Russian Federation; war and peace.

A federal law is considered approved by the Federation Council if more than half of the total number of members of the chamber voted for it, and a federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the votes. In addition, a federal law that is not subject to mandatory consideration is considered approved 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 and the Federation Council.

The jurisdiction of the Federation Council, in addition, includes:

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

approval of the decree of the President of the Russian Federation on the introduction of martial law or 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, the Supreme Arbitration Court of the 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.

A number of federal laws entrust the Federation Council with other powers not provided for in the Constitution of the Russian Federation.

The Federation Council, like every member of the Federation Council, has the right to initiate legislation.

On matters within the jurisdiction of the Federation Council, the chamber adopts resolutions by a majority vote of the total number of members of the Federation Council, unless otherwise provided by the Constitution of the Russian Federation.

The Federation Council adopts the Regulations, which define in detail the bodies and procedure for the work of the Federation Council, the participation of the chamber in legislative activities, the procedure for considering issues within the jurisdiction of the Federation Council (the current version of the Regulations of the Federation Council of the Federal Assembly of the Russian Federation was approved by resolutions of the Federation Council of the Federal Assembly of the Russian Federation dated 30 January 2002 No. 33-SF and March 29, 2002 No. 173-SF). Avakyan S. A. The Federal Assembly - the Parliament of Russia. M., 1999

Control powers are a special type of powers of the Federation Council. More recently, the highest legislative bodies of the country were recognized as the control bodies of state power. Their performance of control functions was considered in Soviet time a matter so natural that it was invariably confirmed by constitutional norms. According to the Constitution of the RSFSR of 1978, the Supreme Council was empowered to resolve all issues within the jurisdiction of the RSFSR. Against this background, the absence in the Constitution of the Russian Federation of 1993 of the characterization of the Federal Assembly as a control body looks very unusual. In this regard, the scientific literature emphasizes that a more complete and detailed regulation of the control powers of the parliament is one of the most obvious areas for improving the Constitution, aimed at streamlining the relationship between the authorities, strengthening their functions as “balances” in the system of separation of powers. Federation Council of the Federal Assembly of the Russian Federation (questions of constitutional theory and practice) / Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. - 2002. - No. 23 (179). - page 105

At the same time, the fact that the Federal Assembly does not have a formal status of a control body does not mean that it is deprived of control powers in general. Being a body of people's and territorial representation, the Russian parliament cannot but have rights in the sphere of control. The control function of the Russian parliament, Yu. A. Tikhomirov notes on this occasion, is not enshrined to the same extent as before - in the 1978 Constitution of the RSFSR. In his opinion, at present we can talk about individual elements of control activity - parliamentary inquiries, hearings, information from the Government. Federation Council of the Federal Assembly of the Russian Federation (questions of constitutional theory and practice) / Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. - 2002. - No. 23 (179). - page 105

Speaking about the control activities of the Federal Assembly and its chambers, it is necessary to analyze three components of this problem: features of the legal regulation of parliamentary control; types of control powers; forms of control activity.

1. The specifics of the legal regulation of the control activities of the Federation Council is characterized by a combination of constitutional and legislative provisions.

The Constitution fixes the powers of the Federation Council on: issues of appointment and recall of diplomatic representatives of the Russian Federation in foreign states and international organizations (clause “m” of Article 83); removal of the President of the Russian Federation from office (part 1 of article 93, paragraph “e” of part 1 of article 102); the formation of the Accounts Chamber (part 5 of article 101); approval of presidential decrees on the introduction of martial law and a state of emergency (clauses “b”, “c” of part 1 of article 102, part 2 of article 87, 88); approval of changes in the borders between the constituent entities of the Russian Federation (clause “a”, part 1, article 102); resolving the issue of the possibility of using the Armed Forces outside the Russian Federation (clause “d”, part 1, article 102); resolving personnel issues related to the appointment and dismissal of officials specified in paragraphs. “g”, “h”, “and” part 1 of Art. 102.

The control function is exercised by the Federation Council when appointing and dismissing members of the Central Election Commission in accordance with the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”.

2. The types of control powers of the Federation Council fall into several areas: budgetary and financial control; control over the activities of the executive branch; control over the sphere of public administration; control related to the implementation by the Federation Council of personnel appointments; control in the field of defense and security; control in the field of foreign policy.

Control for public finance- an important aspect of the general control powers of the Federation Council as a representative body.

Control over the activities of the executive branch, which includes the rules contained in paragraphs. “b”, “c”, “e” p. 1 art. 102 of the Constitution.

Control over the sphere of public administration is expressed in the powers of the Federation Council to remove the President from office (M. V. Baglai calls this a certain form of control) - 2002. - No. 23 (179). - p. 105, appointments to positions that do not belong to the system of executive power (judges of higher courts, the Prosecutor General, the Deputy Chairman of the Accounts Chamber and half of its auditors); coordination of candidates for diplomatic representatives of the Russian Federation in foreign states and international organizations. Obviously, this type of control is exercised by the Federation Council both directly (for example, in the case of the appointment of the Prosecutor General) and indirectly (when the Federation Council makes recommendations to the President on the appointment and recall of Russian diplomatic representatives).

Thus, according to popular belief, control over the sphere of public administration is expressed in the powers of the parliament and its structural units to form public authorities.

In the field of defense and security, the Federation Council is vested with the authority to consider, in a mandatory active mode, federal laws relating to the status and protection of the state border of the Russian Federation, wars and peaces (clauses “e”, “f” of article 106).

The participation of the Federation Council, as well as the State Duma, in coordinating the candidacies of Russian diplomatic representatives in foreign states and international organizations has already been noted.

If we sum up all the known forms of parliamentary control inherent in both chambers, we get a rather impressive list, including: questions to state bodies and senior officials; debates on general government policy; interpellations; raising the issue of trust, distrust and denial of trust in the government (in this vein, this question sounds in Russian legislation); reports and reports of the government and ministers; parliamentary hearings; parliamentary inquiry; activities of parliamentary commissioners and other bodies under parliament; impeachment of the head of state; convening special sessions of Parliament; control over delegated legislation; ratification by Parliament of international treaties. Federation Council of the Federal Assembly of the Russian Federation (questions of constitutional theory and practice) / Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. - 2002. - No. 23 (179). - page 105

The Federation Council in its activities uses various forms control.

The implementation of the parliamentary request is regulated by the Federal Law of May 8, 1994, as amended on July 5, 1999, “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”, Regulations of the Federation Council.

The parliamentary request is addressed to a wide range of subjects from the heads of federal executive bodies to the heads of municipalities on issues within the competence of these and other bodies and officials, in compliance with the requirements of the chamber's inadmissibility of interference in the operational-search and criminal procedure activities of bodies of inquiry, investigators and judicial activities. The Constitution of the Russian Federation: Problematic Commentary / Otv. ed. Lepeshkin I. M. - M .: Center for Constitutional Studies of the Moscow Societies, scientific. fund, 1997

4. The structure of the Federation Council and the legal status of a member of the Federation Council

In accordance with Part 2 of Article 95 of the Constitution of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation includes two representatives from each subject of the Russian Federation: one from the representative and executive bodies of state power.

The current procedure for the formation of the Federation Council is determined by Federal Law No. 113-FZ of August 5, 2000 "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation." In accordance with this law, the chamber consists of 178 representatives of the subjects of the Russian Federation, elected by the legislative (representative) bodies of state power of the subjects of the Russian Federation, or appointed by the highest officials of the subjects of the Russian Federation (heads of the highest executive bodies of state power of the subjects of the Russian Federation). The term of office of such representatives is determined by the term of office of the bodies that elected or appointed them, however, the powers of representatives may be prematurely terminated by the body that elected (appointed) him/her in the same manner in which a member of the Federation Council was elected (appointed). Baglai M.V. Constitutional law of the Russian Federation. M., 2001.

Candidates for the election of a representative in the Federation Council from the legislative (representative) body of state power of a constituent entity of the Russian Federation are submitted for consideration by this body by its chairman, and in a bicameral legislative (representative) body - alternately by the chairmen of the chambers. At the same time, a group of deputies numbering at least one third of the total number of deputies may propose alternative candidates. The decision to elect a representative from a legislative (representative) body is taken by secret ballot and formalized by a resolution of the said body, and a bicameral legislative (representative) body - by a joint resolution of both chambers.

The decision of the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) on the appointment of a representative in the Federation Council from the executive body of state power of the subject of the Russian Federation is drawn up by a decree (decree) of the highest official of the subject of the Russian Federation (the head of the highest executive body of state power subject of the Russian Federation). The decree (decree) shall be sent within three days to the legislative (representative) body of state power of the constituent entity of the Russian Federation and shall enter into force if, at a regular or extraordinary meeting of the legislative (representative) body, two-thirds of the total number of its deputies do not vote against the appointment of this representative.

The Federation Council is headed by an official called the Chairman. Currently, this is Mironov Sergey Mikhailovich. He is elected from among the members of the Federation Council by secret ballot. The elected Chairman proposes candidates for the position of Deputy Chairman of the Federation Council, the number of which is established by the chamber. In accordance with the Rules, at the first meeting of the Federation Council of the second convocation, four Deputy Chairmen of the Federation Council were elected. The rules of procedure of the chamber establish that the Chairman and Deputy Chairmen of the Federation Council cannot be representatives from one subject of the Russian Federation.

The terms of reference of the Chairman of the Federation Council are quite extensive. His many responsibilities include:

submission for consideration by members of the Federation Council of a simple agenda for a meeting of the Federation Council;

conducting meetings of the Chamber;

signing resolutions of the Federation Council;

convening extraordinary meetings of the chamber;

the distribution of duties among the deputies of the Chairmen of the Federation Council;

control over the activities of the Administration of the Federation Council;

sending for consideration to committees of the Federation Council draft federal constitutional laws approved by the State Duma, federal laws adopted by the State Duma, as well as draft laws that are supposed to be submitted to the State Duma as a legislative initiative;

sending to the President of the Russian Federation for signing and promulgation of federal constitutional laws and federal laws approved by the Federation Council. Baglai M.V. Constitutional law of the Russian Federation. M., 2001.

Along with the implementation of organizational functions to restore the internal order of the chamber, the Chairman of the Federation Council is endowed with a number of powers that can be described as representative. Thus, he was granted the right to represent the chamber in relations with the President of the Russian Federation, the State Duma, the Government of the Russian Federation, state authorities of the constituent entities of the Russian Federation, the Constitutional Court of the Russian Federation, the General Prosecutor's Office of the Russian Federation, as well as with public associations, statesmen and parliaments of foreign states , international parliamentary organizations.

Within the framework of these powers, the Chairman of the Federation Council participates in conciliation procedures used by the President of the Russian Federation in accordance with Part 1 of Art. 85 of the Constitution of the Russian Federation, to resolve disagreements between the federal state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, as well as between the state authorities of the constituent entities of the Russian Federation.

The main structural subdivisions of the Federation Council are the committees, the permanent bodies of the chamber. They are created for the purpose of exercising the powers conferred on the Federation Council by the Constitution of the Russian Federation, federal laws, Regulations of the Federation Council, and other legal acts.

The committees are called upon to solve the following tasks:

prepare opinions on draft federal constitutional laws approved by the State Duma, on federal laws adopted by the State Duma and submitted for consideration by the Federation Council;

develop and preliminary consider bills and drafts of other legal acts;

organize parliamentary hearings;

resolve issues of organizing its activities and the activities of the chamber;

consider, within its competence, other issues related to the jurisdiction of the Federation Council.

The committees are formed from among the members of the Chamber. This means that all members of the Federation Council are members of committees of the Federation Council, with the exception of the Chairman of the Federation Council and his deputies. A member of the Federation Council may be a member of only one committee of the chamber. The number of members of each committee is determined by the Federation Council, but the committee must include at least 10 members of the chamber. The composition of the committee is approved by the chamber by a majority vote of the total number of members of the Federation Council. This decision is formalized by a resolution of the Federation Council.

The committees elect a chairman and vice-chairmen. The chairman of the committee is approved by the Federation Council, which is formalized by the relevant resolution. The regulations of the Federation Council establish a rule according to which the chairman or deputy chairman of a committee of the Federation Council cannot be representatives from one constituent entity of the Russian Federation.

Committees of the Federation Council have been granted the right to form subcommittees in the main areas of their activities, if necessary. Kozlova E.I., Kutafin O.E. Constitutional Law of Russia: Textbook. - M.: Jurist, 1998

The Federation Council has the right to decide on the liquidation of individual committees or on the formation of new committees.

The main areas of activity of committees and commissions, their terms of reference and the procedure for their work are enshrined in the Regulations of the Federation Council.

The internal working bodies of the Federation Council are also permanent and temporary commissions. Permanent commissions function during the entire term of the Federation Council. Temporary commissions are created to solve a specific problem and (or) for a certain period. Members of committees of the Federation Council may be members of the permanent and temporary commissions of the chamber. In addition, the Chairman of the Federation Council and his deputies may be included in the temporary commissions. The tasks, term of activity, powers and composition of temporary commissions are determined by a resolution of the Federation Council.

The temporary commissions include: Credentials, Counting, Drafting commissions, Provisional commission on regulations, formed in the process of holding meetings of the Federation Council, as well as numerous commissions created to solve specific problems, for example, the Commission for International Technical and Humanitarian Cooperation, the Commission for the preparation the issue of the legal status of the city of Sevastopol, etc.

The temporary functioning bodies should also include working groups created by committees and commissions to resolve certain issues, organize parliamentary hearings. In addition to members of the Federation Council, representatives of the ministries and departments of the Russian Federation, other state bodies, public associations, and scientific institutions are involved in their work.

In addition, committees and commissions have been granted the right to create expert councils on a voluntary basis, to involve specialists in various fields as experts, and to appoint an independent examination of draft laws.

In the course of their activities, committees and commissions have the right to apply to state bodies, public associations, officials with a request to provide the necessary documentation. In this case, officials and organizations are obliged to provide the requested materials.

The duties of committees and commissions include the submission of reports on their activities, which are heard at a meeting of the Federation Council.

The main form of work of committees and commissions are meetings, which are divided into regular and extraordinary. Regular meetings are held as needed, but at least once a month. Extraordinary meetings may be convened by the chairman of a committee or commission at his discretion, or on behalf of the Chairman of the Federation Council or his deputy coordinating the work of this committee, or at the suggestion of at least one quarter of the total number of members of the committee or commission. Committees and commissions of the Federation Council may also hold joint meetings. Meetings of committees of the Federation Council may be held directly in the constituent entities of the Russian Federation.

Another important form of work of committees and commissions of the Federation Council is parliamentary hearings. They are held on issues related to the main activities of the committee, commission. Members of the Federation Council, deputies of the State Duma, officials, experts, representatives of state bodies, public associations, scientific institutions, etc. are invited to parliamentary hearings.

Office of the Federation Council. Structural subdivisions of the Federation Council include the Administration of the Federation Council. It provides legal, informational, analytical, organizational, documentation, financial and economic support for the activities of the Federation Council, its bodies, and members of the Federation Council.

The status of a member of the Federation Council is determined by the Constitution of the Russian Federation, according to which members of the Federation Council have immunity during the entire term of their powers. They may not be detained, arrested, searched, except in cases of detention on the spot, and also subjected to body searches, except as required by federal law to ensure the safety of other people.

In addition, the status of a member of the Federation Council is regulated by the Federal 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” (as amended by Federal Law No. 133-FZ of July 5, 1999) (Collected Legislation of the Russian Federation, 1999, No. 28, item 3466) with subsequent changes. Kozlova E.I., Kutafin O.E. Constitutional Law of Russia: Textbook. - M.: Jurist, 1998

Conclusion

Today there is no doubt that parliamentarism as an effective embodiment of representative power in our country is still in its infancy. And it is not entirely objective to "blame" only the Basic Law for this. It was not sent down to us from above, it was developed and "dragged" in a referendum by quite certain political forces. And this was done in a situation where there was no legislative, representative power as such in the country. And there is a desire to extend the term of this situation. This is the meaning of the main efforts of those who are against the formation of the Federation Council through general elections. This is important to understand.

Since there is no cohesive and strong opposition in Russia that can effectively use the few elements of parliamentarism that are provided for by the Constitution, we have another very active source of legislation, not limited by debate. This is a fact and cannot be disputed. The "decree" period, which just a year ago could be justified by special circumstances, the need to move in the conditions of a "deficit" of laws, seems to be becoming the style of government of the executive branch. The fundamental sphere of public life is regulated by decrees and orders of the executive branch, up to tax system and benefits, replacing the legislature.

The constitution and the law must rule over all branches of power, over society and man. Only this will provide us with freedom, democracy and the successful implementation of reforms aimed at the well-being and "unity of Russian society, the Russian state, the protection of the rights and freedoms of citizens and nationalities of the country.

Literature

2. Federal Law of August 5, 2000 "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation" // Collection of Legislation of the Russian Federation 2000 No. 32 St 3336

3. Federal Law of June 24, 1999 "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" // Collection of Legislation of the Russian Federation 1999 No. 26 St 3178

4. Federal constitutional law of February 26, 1997 "On the Commissioner for Human Rights in the Russian Federation" // Collection of Legislation of the Russian Federation 1997 No. 9 St. 1011

5. Rules of Procedure of the Federation Council of the Federal Assembly of the Russian Federation Approved by a resolution of the Federation Council of February 6, 1996, with amendments and additions of April 10, June 26, December 26, 1996, January 23, December 24, 1997, March 13, July 10, 1998 , January 27, June 9, November 11, 1999, April 19, May 17, June 7, October 25, 2000 // Collection of Legislation of the Russian Federation 1996 No. 7 St. 655, No. 16 St. 1774, No. 27 St. 3204, 1997 No. 1 Article 45, No. 5 Article 629, 1998 No. 1 St. 8, No. 12 St. 1389, No. 29 St. 3475, 1999 No. 6 St. 762, No. 13 St. 3088, No. 24 St. 2921, No. 7 St. bZO, 2000 No. 17 St. 1797 , No. 21 St. 2137, No. 24 St. 2462, No. 44 St. 4308

6. SZ RF. 2000. No. 32. Art. 3336.

7. Commentary on the Constitution of the Russian Federation /General. ed. Yu.V. Kudryavtsev. - M.: Fund "Legal Culture", 1996.

8. Commentary on the Constitution of the Russian Federation / Responsible. ed. L.A. Okunkov, 2nd ed., add. and reworked. - M.: BEK, 1996.

9. The Constitution of the Russian Federation: Scientific and Practical Commentary / Ed. B.N. Topornina. - M.: Jurist, 1997.

10. The Constitution of the Russian Federation: Problematic comment / Otv. ed. Lepeshkin I. M. - M .: Center for Constitutional Studies of the Moscow Societies, scientific. fund, 1997.

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