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CONSTITUTIONAL BASICS of the PARLIAMENTARY ACTIVITY in the RUSSIAN FEDERATION Elena A

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CONSTITUTIONAL BASICS OF THE PARLIAMENTARY ACTIVITY IN THE RUSSIAN FEDERATION Elena A. Kremyanskaya* The legislative branch of power, represented by the Parliament is one of the core elements of the system of separation of power in a developed democratic state and an effective part of the “checks and balances” mechanism. In this article the author reviews basics of the constitutional status of the Federal Assembly – the Parliament of the Russian Federation, defines main functions and methods of their implementation. The legislative process is under review as well, since it is one of the core functions of a modern parliament and its stages and participants are defined. The author reviews one of the youngest institutions of Constitutional law as well, which is typical for mixed types of republics – the parliamentary control. The Federal Assembly–the Parliament of the deration Council participates in the develop- Russian Federation is the highest federal legisla- ment of legislative acts and adopts laws and tive body in Russia. The Parliament is bicame- amendments. The Federation Council posses- ral, which is typical for federative states and ses the legislative initiative right, which may be includes two chambers: the Federation Council used by the Federation Council as a state body and the State Duma. and by its members personally. The Federation The Federation Council is the permanently ac- Council has the right not to express its opinion ting body, representing interests of the subjects regarding several types of laws; however there of the Russian Federation in the Russian Parlia- is a constitutional list of laws which is manda- ment. It is formatted by two representatives of tory for review and approval by the Federation each subject of the Russian Federation (in total - Council. 170 members) and plus up to ten percent of Subjects of the Federation in Russia have this number as a representatives of the Russian the inalienable right to agree with changes of Federation, nominated by the President of the the borders between the subjects. It is done in the Russian Federation. form of a local referendum, which later on goes Competence of the Federation Council is through the approval (in the form of law) pro- defined by the Constitution of the Russian Fede- cess by the Federation Council. ration and clarified in the Regalement of the Fede- Another function is Approval of Presiden- ration Council, dated January 30, 2002. It flows tial Decrees on the introduction of martial law and from the status of the Federation Council as the of a state of emergency, which is introduced by the body representing the interests of the subjects President of the Russian Federation in a case of of the Russian Federation, thus concentrating aggression against the State or the threat of ag- responsibilities interrelated with the area of fe- gression. deralism [4, P.17] The Federation Council makes decisions on One of the core functions is participation in the possibility of using the Armed Forces of the Rus- the legislative procedure. [1. P 246, 247]. The Fe- sian Federation outside the territory of the Russian * Elena A. Kremyanskaya, PhD in Law, Associate Professor, Chair of Constitutional Law, Moscow State Institute for International Relations (University), Member of Advisory Board of the Council of the Federation Committee on Constitutional Legislation, Legal and Judicial Affairs and Civil Society Development. №4(41)/2016 73 LAW IN THE PRESENT-DAY WORLD Federation. Armed Forces of the Russian Fede- chairperson of all committees and several com- ration may participate in peacekeeping and missions. Major important bodies of the Fede- other types of operations abroad only when ration Council are committees and commissions, they comply with constitutional provisions and since the majority of the work is done within are approved by the Federation Council. these structural bodies. Committees function In accordance with Federal Law #19-FZ on a permanent basis, whereas commissions “On President of Russian Federation elections” da- are more ad hoc bodies; however, there are still ted by January 10, 2003 and the Constitution of several permanent commissions. All members the Russian Federation the Federation Council ap- of the Federation Council except for its Chai- points elections of the President of Russia. rman and Deputy Chairmen participate in The Federation Council plays an important the activity of one committee. The Federation role in the process of dismissal of the President, ma- Council acts on a permanent basis. king the final decision on the dismissal in ac- The State Duma is the chamber of the Fede- cordance with Article 93 of the Constitution of ral Assembly which is formed by national elec- Russia. This decision should be accepted by at tions. There are four hundred and fifty mem- least two-thirds of the total list of members of bers, called “the deputies”, representing the the Federation Council and adopted within th- interests of the Russian population. The Cham- ree months from the initiative, accepted by the ber’s term of authority constitutes five years. In State Duma. accordance with the Federal Law № 20-FZ “On The President of Russia proposes to the Fe- elections of the Deputies of the State Duma of the deration Council candidates for the position of Federal Assembly of the Russian Federation” dated the high court’s judges. The Federation Council February 22, 2014 the deputies are elected on the appoints the judges. basis of a mixed electoral system, combining both Appointment of the Procurator-General of proportional and majority systems. Two hun- the Russian Federation is done on the basis of dred fifty deputies are elected on the basis of the the Presidential proposal. When the Federa- proportional system: from federal lists under tion Council does not approve a candidate, the a proportional representation system, another President proposes another candidate within two hundred fifty deputies are elected on the thirty days. The general term of authority for basis of majority system. the Procurator-General is five years. The Fede- The scope of competence of the State Duma ration Council appoints and dismisses the Deputy is regulated by the Constitution in Article 103 Chairman and half of the auditors of the Accounts and clarified in the Regalement of the State Chamber. The Federation Council may have Duma, dated by January 22, 1998. The State other authorities regulated by federal laws. For Duma provides agreement to the President of example the Federation Council analyses the the Russian Federation for the appointment of proposals of the President for the appointment the Chairman of the Government. The proposal of the diplomatic representatives in different of the candidate is submitted by the President countries. to the State Duma. The State Duma shall consi- The internal structure and activity of the Fe- der the candidate nominated by the President deration Council is defined by the Constitution, of the Russian Federation for the post of the federal laws and the Regalement of the Federation Chairman of the Government of the Russian Fe- Council. The basis for the decisions taken by the deration during the week after the submission Federation Council is open to collective discus- of the nomination. If the State Duma rejects the sion of the different issues. Parliament’s Cham- candidates three times for the post of Chairman ber conducts hearings which may be both open of the Government of the Russian Federation, and closed as defined by the Regalement. the President shall dissolve the State Duma and The Federation Council elects the Chai- appoint new elections. rman and several Deputy Chairmen. The Chai- In accordance with Article 117 of the Con- rman and deputies should represent different stitution, the State Duma may express no- subjects of the Federation. Most functions of the confidence in the Government of the Russian Chairman and his deputies are of a procedu- Federation by a majority of votes of the total ral nature: they conduct sessions, manage the number of the deputies of the State Duma. The apparatus of the Federation Council and con- President of the Russian Federation is free to duct other procedural activity. The Council of announce the resignation of the Government the Chamber, which is a permanent collective or to reject the decision of the State Duma. If body, is organized to arrange the activity of the the State Duma again expresses no-confidence Federation Council. It is formed by the Chai- in the Government of the Russian Federation rman of the Federation Council, his deputies, within three months, the President of the Rus- 74 Право и управление. XXI век CONSTITUTIONAL BASICS OF THE PARLIAMENTARY ACTIVITY IN THE RUSSIAN FEDERATION sian Federation shall announce the resignation promulgation. The State Duma actively partici- of the Government or dissolve the State Duma. pates in inter-parliamentary relations, signing The State Duma appoints and terminates the the agreements with foreign parliaments and responsibilities of the Head of the Central Bank. The parliamentary organizations. The Chairman of term of authority of the Head of the Central the State Duma represents its interests in rela- Bank constitutes 4 (four) years. The Candida- tions with other organizations. cy is proposed by the President of the Russian The overall structure of the State Duma Federation. The State Duma appoints and termi- is regulated by federal laws. The Chairman nates the responsibilities of the Chairman of the Ac- of the State Duma is the head of the Chamber. counts Chamber and half of the Accounts Chamber The Chairman is elected from and by the de- auditors. puties of the State Duma by secret voting. It is The State Duma appoints and terminates the necessary to gain more than half the votes of responsibilities of the Commissioner for Human the members of the Chamber.
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