III. The State Duma of the Russian Federation - a general characteristic. State Duma of the Russian Federation
State Duma of the Russian Federation- a nationwide representative body whose function is to exercise legislative power. At its core, it is designed to represent and protect the interests of the people, being their representative, in accordance with the provisions of the current Constitution.
The State Duma of the Russian Federation is a structural component of the Federal Assembly, its activities are based on the principle of political diversity and free discussion when resolving issues. The Constitution fixes the number of people's deputies representing the opinion of the people in the State Duma - 450 deputies.
From the full composition of the deputy associations and deputies, candidates for the position of chairman and deputy chairmen are nominated, who, after the election procedure, conduct meetings, and with the help of which the internal regulations are observed. According to the regulations of the State Duma of the Russian Federation, the chairman interacts on behalf of the State Duma with the President of the Russian Federation and structural divisions state power, subjects of the Russian Federation. The Council is elected in the Duma to resolve regulated issues.
Functions of the State Duma of the Russian Federation
The main function of the State Duma is legislative activity, the essence of which is the consideration of draft laws, amendments to legislative acts. Federal laws adopted by the Duma are sent to the President. In the first reading, draft laws are considered in order to study their concept, relevance and significance. Based on the results of the discussion, the bill can be adopted in the first reading or the work can be continued. For the second reading, the completed bill is submitted by the responsible committee, according to the voting results, the draft is either accepted or sent for revision, after the second rejection, the bill is withdrawn from consideration. In the third reading, the bill is passed into law.
Structure of the State Duma of the Russian Federation
The structure of the State Duma, according to constitutional norms, consists of committees and commissions formed on the principle of proportional representation of deputies and deputy associations, each people's choice, except for the chairman, must speak from the committee.
The term of office of the elected representatives of the people is 4 years. This period provides for the implementation of long-term bills. Over a four-year period, deputies are called upon to show their active work and achieve certain results that society could appreciate. Such a period allows the parliament to be regularly updated, that is, to implement the democratic principle of organizing power. Elections of deputies of the State Duma are held by secret ballot according to a mixed system. The definition of the norm of representation of a single-member constituency is determined by dividing total number living in Russia by the number of districts. Any citizen who has the right to a passive vote has the right to nominate. Candidates for deputies are nominated by parties and public associations.
Electoral commissions organize elections: central electoral, district and electoral.
Elected candidates in single-member constituencies are registered candidates who have received largest number votes in voting. In case of equal numbers of votes, the time of registration of the candidate is taken into account.
According to the provisions of the Constitution of the Russian Federation, the State Duma can be dissolved in the event of a three-fold rejection of the candidacy of the Chairman of the Government of the Russian Federation, in the event that the President disagrees with decision of no confidence in the government.
The State Duma is one of the two chambers of the Federal Assembly of the Russian Federation. Unofficially, it is sometimes called the "lower" house by analogy with foreign parliaments, where the lower house - the House of Representatives has traditionally been more democratic in composition and more significant in terms of its powers and influence on the exercise of state power. The Constitution of the Russian Federation determines the permanent membership of the State Duma at 450 deputies, and the term of office of the State Duma is 4 years. The State Duma is formed on the basis of universal, equal and direct suffrage by secret ballot, i.e. in the most democratic way. A deputy can be a citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections. The legal status of the State Duma is determined by the Constitution of the Russian Federation and the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly" dated June 24, 1999, as well as the Regulations of the State Duma itself. Participation of citizens in the elections of deputies of the State Duma is voluntary. Citizens of the Russian Federation permanently residing or temporarily staying outside Russian Federation during the period of preparation and conduct of elections, have full voting rights in the election of deputies of the State Duma.
Elections of deputies of the new composition of the State Duma are appointed by the President of the Russian Federation by his decree. Election day is the first Sunday after the expiration of the constitutional term for which the State Duma of the previous convocation was elected. The period from the date of calling the elections to the day they are held must be at least four months. If the President does not call elections of deputies of the State Duma within the established time limits, then the elections are held by the Central Election Commission on the first Sunday of the month following the month in which the powers of the deputies of the State Duma ended. When the State Duma is dissolved in the cases provided for by the Constitution, the President simultaneously calls the election of a new composition of the State Duma. In this case, the election day is considered the last Sunday before the expiration of three months from the date of the dissolution of the State Duma. At the same time, the terms of electoral actions, provided for by federal law, are reduced by one quarter. If the President dissolves the State Duma and does not call new elections, then the elections are held by the Central Election Commission on the first Sunday after the expiration of three months from the date of the early dissolution of the State Duma.
There is a special procedure for the election of deputies of the State Duma, established by the Constitution and a special law. Half of the number of deputies of the State Duma (225 deputies) are elected in single-member constituencies (one constituency - one deputy), into which territory of the Russian Federation . Moreover, in the constituent entities of the Russian Federation there must be at least one electoral district based on a single norm of representation per single-mandate electoral district, with the exception of electoral districts in those constituent entities of the Russian Federation where the number of voters is less than the single established norm per one electoral district. The uniform norm of representation is established by dividing the total number of voters in Russia into 225 single-mandate constituencies. In the elections of deputies from single-mandate constituencies, the principle of the majority system of relative majority applies, when the deputy becomes the one for whom more voters voted than for any other. If in the column of the ballot "against all" the votes cast turned out to be more than for any of the candidates, then, according to the law, it is necessary to hold new elections in this constituency.
The 225 deputies of the State Duma (the other half of the chamber) are elected from a single constituency, when the whole country is one constituency. Deputies are elected according to the proportional electoral system, when mandates are distributed in proportion to the number of votes received by electoral blocs and electoral associations. Moreover, an electoral association is allowed to distribute deputy mandates, provided that it received at least 5% of the votes of all registered voters. This selective barrier, characteristic of electoral systems most democratic countries, excludes smaller or less popular parties or other electoral associations from participation in the distribution of mandates. Under this system, the voter does not vote for a particular deputy, but for a political party or an electoral association as a whole. And the party itself distributes the received mandates among its candidates for deputies, i.е. the personal composition of the deputies does not directly depend on the will of the voters. Party lists first of all include members of the leadership and functionaries of these parties.
The 1999 Law "On Elections of Deputies to the State Duma" imposes rather severe requirements on candidates for deputies. In particular, they must submit to the election commissions information about property for the two years preceding the elections, information about a criminal record and citizenship of a foreign state. Information about dual citizenship and a criminal record is put on the ballot. Submission of false information by a candidate is punishable by removal from the ballot. If false information is found among candidates from the first three leading the party list or the list of a bloc of parties, the entire list is withdrawn from the vote. The quota of electoral spending for 1999, for example, was 1.6 million rubles for one candidate and 42 million rubles for an electoral association. Exceeding this amount of expenses by at least 0.5% entails the removal of the candidate or the entire list from voting.
The Constitution of the Russian Federation determines the jurisdiction of the State Duma.
In addition to the main function of implementing legislation, the State Duma gives:
o consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;
o resolves the issue of confidence in the Government of the Russian Federation;
o appoints and dismisses the Chairman of the Central Bank of Russia;
o appoints and dismisses the Chairman of the Accounts Chamber and half of its auditors;
o appoints and dismisses the Commissioner for Human Rights, acting in accordance with federal constitutional law;
o announces an amnesty, brings charges against the President of the Russian Federation to remove him from office.
On issues within its jurisdiction, the State Duma adopts resolutions by a majority vote of the total number of deputies of the State Duma. The structure of the State Duma includes the leaders of the chamber - the Chairman of the State Duma and his deputies; collegial coordinating body - Council of the State Duma; various deputy formations: deputy fractions, deputy groups, committees of the State Duma; commissions of the State Duma, which are formed as needed.
The head of the State Duma is the chairman, who is elected from among the deputies by secret ballot using ballots or by a special decision of the chamber by open voting. Candidates for the post of chairman may be nominated by factions, deputy formations, groups of deputies or individual deputies. Discussion of the proposed candidates is held at an open meeting of the chamber in the form of oral questions and answers, speeches in support of candidates or against. A candidate is considered elected if, following the results of voting, he received more than half of the votes of the total number of deputies of the State Duma (at least 226 votes). Voting is usually preceded by preliminary negotiations between the largest parliamentary factions and groups regarding a single agreed-upon candidate. Otherwise, the process of electing the Chairman may seriously impede the work of the State Duma. To avoid such a situation, the Rules of Procedure of the State Duma provide that if none of the candidates receives the required number of votes in two rounds, the State Duma holds repeated elections or proceeds to elect the first deputy and deputy chairmen, and then returns to the procedure for electing the Chairman. Usually, the candidates for deputy chairmen are determined by a preliminary agreement between the largest parliamentary factions and groups.
A deputy faction is a deputy association in the State Duma, formed on the basis of an electoral association that entered the State Duma in a federal district and single-mandate constituencies. A parliamentary faction is subject to mandatory registration.
A deputy group is subject to registration if it consists of at least 35 deputies and represents an association of deputies who are not included in any of the factions. Fractions and deputy groups have equal rights.
Usually, at the beginning of the annual autumn session of the State Duma, deputy associations are re-registered in order to determine the exact numerical composition of factions and groups, especially since the Rules of the Chamber do not prohibit the exit of deputies from factions and their transition to other factions and groups or to the number of independents.
As a coordinating body of the State Duma for consideration organizational issues activity of the chamber, the Council of the State Duma is formed, consisting of the Chairman of the State Duma and heads of factions and deputy groups. Deputy chairmen of the State Duma and chairmen of committees of the State Duma participate in the work of the Council with an advisory vote. In addition, plenipotentiary representatives of the President and the Government in the State Duma, representatives of subjects of the right of legislative initiative, if the issue of bills submitted by them, as well as deputies of the State Duma may take part in the work of the Council.
The powers of the Council of the State Duma are mainly of an organizational nature and are aimed primarily at achieving efficient and effective work of the State Duma. At the beginning of each session, the Council of the State Duma draws up an approximate program of legislative work for the current session. The powers of the Council include the adoption of a decision on the inclusion of bills in the exemplary program of legislative work of the State Duma for the current session. The Council draws up a calendar for consideration of issues for the next month. At the proposal of the President of the Russian Federation, at the request of a deputy association or at the proposal of the Government of the Russian Federation, the council convenes an extraordinary session of the chamber. In addition, the Council sends bills for consideration to the committees of the House, decides on the return of bills if the established requirements are not met, decides on holding parliamentary hearings and decides on other issues of organizing the work of the Chamber.
Committees and commissions are the working bodies of the State Duma. They are formed in accordance with the Regulations of the State Duma, their number, nomenclature can be changed. The decision to form or liquidate a committee is formalized by a resolution of the chamber. Their tasks include preparing opinions on bills and draft resolutions submitted for consideration by the State Duma, preparing and preliminary consideration of bills, and organizing parliamentary hearings held by the State Duma. The committees prepare draft resolutions of the State Duma on sending representatives of the State Duma to constitutional Court of the Russian Federation, preparation of inquiries to the Constitutional Court of the Russian Federation; give conclusions and proposals on the relevant sections of the draft federal budget and resolve issues of organizing their own activities. Commissions of the State Duma are formed from among the deputies of the State Duma. In accordance with the regulations, a mandate commission, an ethics commission, are being created to verify certain data about events and officials, to give an opinion on the presence in the actions of the President of the Russian Federation of grounds for removing him from office. Other commissions may also be created by decision of the State Duma. The Credentials Commission is formed for the term of office of the State Duma of the given convocation and, in terms of ensuring its activities, has the status of a Committee of the State Duma. When determining the personal composition of commissions, the principle of proportional representation of deputy associations is observed.
Committees of the State Duma are formed for a period not exceeding the term of office of the State Duma of the given convocation. Committees and commissions are formed by the State Duma, as a rule, on the basis of the principle of proportional representation of deputy associations. The number of members of each committee and each commission is determined by the State Duma, but, as a rule, it cannot be less than 12 and more than 35 deputies of the chamber. Each deputy of the State Duma, with the exception of the chairman of the State Duma, his deputies, heads of deputy associations, must be a member of one of the committees of the State Duma. At the same time, a deputy of the State Duma can be a member of only one of its committees. A State Duma deputy is obliged to attend meetings of the committee or commission of which he is a member. And deputies of the State Duma who are not members of them can take part in meetings of a committee or commission with the right of an advisory vote.
The legal status of deputies is determined by the Constitution of the Russian Federation, the Federal Law "On the status of a deputy of the State Duma and a member of the Federation Council" dated May 8, 1995, as amended, and regulations of the chambers. At the same time, a representative elected by the people, authorized to carry out rule-making and control activities in a representative body of power, is considered a deputy of the State Duma. A deputy of the State Duma may be a citizen of the Russian Federation not younger than 21 years old and not deprived of voting rights by law. He cannot be simultaneously a member of the Federation Council, a deputy of other representative bodies or local self-government bodies. The deputy of the State Duma works on a permanent professional basis. He cannot be on public service, may not engage in other paid activities, except for teaching, scientific and other creative activities.
There is a free mandate for deputies of the State Duma, which means that a deputy is not bound by the orders of voters and cannot be prematurely recalled by them. He acts on the basis of his convictions in the interests of the whole people, and not just the voters of this constituency or the political party on the lists of which he was elected to the House. In his activities, a deputy must be guided by the Constitution of the Russian Federation, laws and his own conscience. There is no legal obligation for a deputy to support the policy of any party, to strictly follow factional discipline, or to report to the leadership of a faction on his activities. The free mandate of a deputy nevertheless provides for the duty of a deputy to inform voters about his activities, ensure their rights and interests, and be guided by the election program. However, the absence of any sanctions for this allows deputies to act freely, in accordance with their convictions. The term of office of deputies begins on the day of their election and ends on the day the new State Duma begins its work.
The most important guarantee of the free activity of a deputy is the principle of parliamentary immunity. Members of the Federation Council and deputies of the State Duma shall enjoy immunity during the entire term of their powers. They may not be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to body searches, except as required by federal law to ensure the safety of other people. The issue of deprivation of immunity is decided on the proposal of the Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly. Parliamentary immunity of deputies does not mean their personal privilege, but a way to protect deputies from unreasonable persecution. In addition, it is an indicator of the independence and independence of the parliament itself. Of course, this is an exception to the norm about the equality of all before the law and the courts, but this is dictated by the need for constitutional protection of the status of parliament as the highest legislative and representative body. Immunity is valid for the entire period of election of a deputy of the State Duma and a member of the Federation Council. It applies to the home of a deputy, his office space, luggage, personal and official vehicles, correspondence, means of communication used by him, documents belonging to him.
Deputies cannot be held criminally or administratively liable for statements, opinions, positions expressed during voting and other actions corresponding to their status, including after the expiration of their term of office. They have the right to refuse to testify in a civil or criminal case about the circumstances that became known to them in connection with the performance of their deputy duties. Deprivation of a deputy of parliamentary immunity can be carried out only on the proposal of the Prosecutor General's Office of the chamber to which the given deputy belongs. Without the consent of the chamber, the trial of a deputy cannot take place.
In addition to immunity, deputies of the State Duma and members of the Federation Council are also subject to the principle of parliamentary indemnity, i.e. remuneration for his parliamentary activity. Deputy remuneration is the main source of income for a deputy, since he has no right to engage in other paid work. Indemnity includes material support deputy in the form of a monthly wages and its allowances equal to the salary and allowances thereto of the federal minister, wealth, medical service, compulsory insurance life, etc. Compulsory state insurance of a deputy is carried out in the amount of the minister's annual salary. Sums insured are paid in the event of the death of a deputy. In case of injury to health, the deputy receives a monthly compensation. For the term of his term, a deputy is exempt from conscription for military service and military fees. In the event of early dissolution of the State Duma, the deputies of this chamber receive a one-time monetary allowance for the entire period remaining until the end of their initial term of office based on their monthly monetary reward. Work as a deputy is counted as continuous seniority. The annual paid vacation of deputies is 48 working days. They are provided with medical, household and pension provision at the level of members of the Government.
The office space of the deputies is equipped with government communications. Deputies are granted the right to free use of all modes of transport, except for taxis. A deputy is entitled to 5 full-time assistants - 1 in the State Duma and 4 in the constituency. The number of freelance assistants is established by the State Duma.
Operating procedure The State Duma is established by the Regulations of the State Duma itself. The State Duma holds two regular sessions a year - spring from January 12 to June 20, and autumn - from September 21 to December 25. Extraordinary sessions may also be convened at the request of the President of the Russian Federation, one-fifth of the composition of the State Duma, or at the proposal of the Chairman of the State Duma.
At the first meeting in accordance with Art. 99 of the Constitution of the Russian Federation, the State Duma meets on the thirtieth day after its election. The President of the Russian Federation may convene it for a session even earlier than this date. The first meeting is opened by the oldest deputy of the State Duma. In the future, until the election of the Chairman of the State Duma, meetings are held alternately by representatives of deputy associations as agreed between them. The State Duma may hold both open and closed sessions. The decision to hold a closed meeting is made by a majority of votes from the number of deputies who took part in the voting. Information about the content of closed meetings is not subject to disclosure. A closed meeting is scheduled at least one hour before the scheduled time of its holding. It is forbidden to bring to a closed meeting and use photo, film and video equipment, radio communications and radiotelephones. The Chairman of the State Duma warns those present about this. Meetings of the State Duma are held on Wednesdays and Fridays, additional or extraordinary meetings may be scheduled. The Council of the State Duma meets on Tuesdays and Thursdays. Committees and commissions meet on Mondays and Thursdays. Tuesday is reserved for the work of deputies in committees and commissions, in factions and deputy groups. Each the last week month is intended for the work of deputies of the State Duma with voters. Every Friday, at a meeting of the State Duma, a "government hour" is held for the answers of the Prime Minister, his deputies and other members of the Government to inquiries and questions from deputies. At the same time, no more than two invited members of the Government are heard. Those invited to answer the deputies' questions are given no more than 15 minutes.
A deputy speaking at a meeting is not entitled to violate the rule of deputy ethics - to use in his speech rude, offensive expressions that damage the honor and dignity of deputies of the State Duma and other persons; allow unfounded accusations against someone; use deliberately false information, call for illegal actions. In case of violation of these rules, the chairman warns the speaker and, in case of repeated violation, deprives him of the right to speak throughout the day of the meeting. In case of violation of these rules, the deputy may also deprived of the right speeches for a period of up to one month by a decision of the chamber, adopted by a majority of the total number of deputies.
A deputy or a group of deputies may apply with a request to the Government, the Prosecutor General, the Chairman of the Central Bank, heads of federal executive bodies, executive authorities of the constituent entities of the Russian Federation. The request is announced at a meeting of the chamber, and, if approved by a majority of the total number of deputies, it is formalized by a resolution of the State Duma.
The chairman of the meeting of the State Duma directs the general course of the meeting, gives the floor to speak in the order in which applications are received, puts proposals to the vote and controls the keeping of minutes of the meeting. The chairman has the right to warn the speaker if he deviates from the topic of the speech, and if he deviates again, deprive him of the floor, remove from the hall invited persons who interfere with the work of the State Duma.
Work in the State Duma is carried out in Russian. A deputy who wishes to speak in another language of the peoples of the Russian Federation shall notify the Council of the State Duma of this in advance. Such performance is provided with translation into Russian. The regulations establish the temporary procedure for the work of the State Duma, the time for making reports, in debates, with references, etc. With the consent of the majority of those present at the meeting, the chairman may determine the total duration of the discussion of the issue. At a meeting, the same deputy may speak in the debate on the same issue no more than twice. The State Duma may hold parliamentary hearings at which bills requiring public discussion may be discussed by deputies and invitees. International Treaties submitted for ratification, the draft federal budget, other important issues of internal and foreign policy. The composition of the persons invited to the hearings is determined by the relevant committee that conducts the hearings. They can be held on the initiative of the Council of the State Duma, committees and commissions, deputy associations. Hearings are usually open. They are led by the Chairman of the State Duma or chairmen of committees or commissions.
Parliamentary hearings may end with the adoption of recommendations on the issue under discussion, which are accepted by the majority of deputies who took part in the parliamentary hearings. The State Duma has established several voting models that reflect the specifics of the issues under discussion. Voting using electronic system can be quantitative, rating, alternative and qualitative. Quantitative voting implies the choice of answer options - "for", "against", "abstained". The votes are counted for each vote. Rating voting provides for a series of consecutive quantitative voting on each of the issues in which each deputy can take part.
Votes are counted for all options of the issue. Alternative voting involves voting for only one of the options. The votes are counted simultaneously for all options of the issue put to the vote. Quality voting is an alternative voting with a qualitative assessment of the issue put to the vote on one of five options: very bad, bad, satisfactory, good, very good. By decision of the chamber, a roll-call vote may be held with the inclusion in the list of who voted how. Voting can also take place in two rounds, with the second round based on the two solutions that received the largest number of votes in the first round. The Chamber may decide to hold a secret ballot using ballots and create a special counting commission. The chairman of the meeting is not entitled to use his powers to exert any influence on the deputies in terms of their participation in the voting or the choice of the voting model. These issues are decided by the majority of deputies present and voting.
According to the Constitution, the State Duma consists of 450 deputies and is elected for a term of four years. The Law "On Elections to the State Duma" establishes that 225 deputies are elected by the majoritarian system, and 225 - by proportional representation. Only a citizen who has reached the age of 21 can be elected as a deputy.
The powers of the State Duma are divided into three groups.
- Exclusive powers. These include: giving consent to the President for the appointment of the Chairman of the Government; resolving the issue of confidence in the Government; appointment and dismissal of the Chairman of the Central Bank, the Chairman of the Accounts Chamber and half of its auditors; appointment and dismissal of the Commissioner for Human Rights; amnesty declaration; bringing charges against the President to remove him from office.
- The State Duma exercises its legislative powers in the form of the adoption of federal laws and federal constitutional laws. Constitutional laws, approved by a qualified majority, are issued on such issues as a state of emergency, admission to the Russian Federation and the formation of a new subject within it, changing the status of a subject of the Russian Federation, description and procedure for the official use of the state flag, coat of arms and anthem, referendum, martial law , the introduction of a state of emergency on the territory of Russia or in its individual areas, the procedure for the activities of the Government, the establishment judicial system, determination of the powers, procedure for the formation and activities of the Constitutional, Supreme and Supreme Arbitration Courts, convening the Constitutional Assembly. On other issues within the jurisdiction of the Russian Federation, federal laws are adopted.
- Powers in the sphere of self-support of their activities. These include: the election of the Chairman and his deputies from among their members, who conduct meetings and are in charge of internal regulations, the formation of committees and commissions, the holding of parliamentary hearings on the conduct of the chamber, the adoption of the Regulations and resolutions on issues internal regulations and etc.
Structure of the State Duma. As in the Federation Council, the Chairman is elected from among the deputies. However, there is also the post of First Vice-Chairman. In addition to the first, other deputies are elected, the number of which is established by the regulations. As part of the State Duma, deputy associations are created - fractions and deputy groups. Their aim is cooperative activity and the expression of a unified position on issues considered by the State Duma. For the preliminary preparation of organizational decisions on the activities of the chambers, a Council of the State Duma is created, which includes the Chairman, heads of factions and deputy groups, and with the right of an advisory vote, deputy chairmen and chairmen of committees participate in the work of the Council.
The committees are structural units State Duma, which prepares draft laws for consideration. technical work carried out by the apparatus of the State Duma.
Operating procedure. The activities of the State Duma are based on the principles of collegiality, free discussion of issues and openness. Members of the Federation Council may attend meetings, representatives may be invited government agencies, public associations, scientific institutions, experts and other specialists to provide the necessary information and opinions on issues considered by the State Duma. Fund representatives are also accredited mass media. However, by decision of the chamber, closed sessions may also be held. The President or his authorized representative in the Federal Assembly, the Chairman of the Government, members of the Government, the Constitutional, Supreme, Supreme Arbitration Courts, the Prosecutor General, the Chairman of the Central Election Commission have the right to attend any open or closed meeting.
Deputies of the State Duma work on a professional basis permanent basis. Deputies have only short winter and longer summer vacation. Provided various forms work of deputies: participation in meetings of the chamber, the Council of the State Duma, its committees and commissions, factions and deputy groups, discussion of issues at parliamentary hearings, work with voters.
A session of the State Duma is considered valid if it is attended by a majority of the total number of deputies of the chamber. The work is carried out in Russian. Legal, organizational, documentary, logistical, social and household support for the activities of the State Duma is carried out by its apparatus.
Decisions of the State Duma are taken at its meetings by open or secret voting, which is carried out using electronic means of counting votes, without using an electronic system, using ballots and by polling deputies. Decisions are taken by a simple majority of votes from the total number of deputies, and on procedural issues - from the number of deputies who took part in the vote. A qualified majority (2/3 votes) is required for the adoption of constitutional laws.
State duma) - an elected representative institution in pre-revolutionary Russia, which formally belonged to legislative functions (1906-1917). In the Russian Federation, it began to operate in December 1993. In accordance with Art. 103 of the Constitution of the Russian Federation, the jurisdiction of the State Duma includes: a) giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation; b) resolving the issue of confidence in the Government of the Russian Federation; c) appointment and dismissal of the Chairman of the Central Bank of the Russian Federation; d) appointment and dismissal of the Chairman of the Accounts Chamber and half of its auditors; e) appointment and dismissal of the Commissioner for Human Rights, acting in accordance with the federal constitutional law; f) announcement of amnesty; g) bringing charges against the President of the Russian Federation to remove him from office.
Great Definition
Incomplete definition ↓
THE STATE DUMA
the lower house of the Russian parliament - the Federal Assembly of the Russian Federation.
According to Art. 11 on federal level The State Duma together with the Federation Council represent the legislative power of the Russian Federation. All citizens of the Russian Federation are represented in the State Duma through deputies, regardless of their place of residence on the territory of Russia.
A deputy is not bound by strict legal obligations to his voters, and they cannot determine his position, since the Constitution of the Russian Federation lacks such institutions as instructions from voters to deputies and their recall by voters. At the same time, the State Duma deputies maintain contact with voters in the region, consider proposals and complaints received from them, contribute to the solution of the issues contained in them; inform voters about their activities during meetings with them, as well as through the media.
A deputy of the State Duma cannot be simultaneously a deputy of other representative bodies of state power and local self-government bodies, as well as a member of the Federation Council. Deputies of the State Duma work on a professional permanent basis, they cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities.
The State Duma consists of 450 deputies elected for a term of 4 years. On November 5, 2008, in his message to the Federal Assembly, the President of the Russian Federation D. Medvedev proposed from the next elections to increase the term of office of State Duma deputies to 5 years, and the president - to 6 years. In his opinion, this will provide an additional resource for the stable functioning of government institutions. In November-December 2008 draft amendments to the Constitution of the Russian Federation were approved by the State Duma and the Federation Council and approved by the regional parliaments. the federal law on the amendment to the Constitution of the Russian Federation No. 6-FKZ "On changing the term of office of the President of the Russian Federation and the State Duma" entered into force on December 31, 2008.
Until 2007, the State Duma was formed on the basis of elections both in majoritarian single-mandate constituencies and on party lists (50/50%). In 2007, the State Duma deputies were elected for the first time only on party lists. The pass barrier was 7% (before 2005 - 5%).
The First State Duma was elected together with the Federation Council on the day of the referendum on the Constitution on December 12, 1993 for a period of 2 years. The work of the Duma is headed by the Chairman (speaker) of the Duma and his deputies, while each faction or deputy group can nominate a deputy chairman of the State Duma. The chairmen of the State Duma were I. Rybkin (1994–1996), G. Seleznev (1996–2003). From 2003 to the present, B. Gryzlov has been the Chairman of the State Duma.
The work of deputies is carried out within the framework of the committees of the State Duma formed at the beginning of the first session. The activities of the State Duma are based on the principles of political diversity and multi-party system, collective, free discussion and resolution of issues. Committees of the State Duma develop and preliminary consider bills; organize and conduct parliamentary hearings; contribute to the implementation of the provisions of the Constitution of the Russian Federation and federal laws; solve issues of organizing their activities, etc.
The powers of the State Duma include: giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation; resolving the issue of confidence in the Government of the Russian Federation; appointment and dismissal of the Chairman of the Central Bank of the Russian Federation; appointment and dismissal of the Chairman of the Accounts Chamber and half of its auditors; appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law; amnesty declaration; bringing charges against the President of the Russian Federation to remove him from office. The State Duma adopts federal laws by a majority vote of the total number of deputies, unless otherwise provided by the Constitution of the Russian Federation.
A deputy or a group of deputies of the State Duma has the right to apply with a request to the Government of the Russian Federation, the Prosecutor General of the Russian Federation, the Chairman of the Central Bank of the Russian Federation, heads of executive authorities different levels on the range of issues within the competence of these bodies. The latter are obliged to respond to such a request within 15 days. On December 31, 2008, Federal Law No. 7-FKZ “On the Control Powers of the State Duma in Respect of the Government of the Russian Federation” came into force, according to which the Government of the Russian Federation is obliged to provide the State Duma with reports on the results of its activities, incl. h. on issues raised by the State Duma.
The deputy enjoys the right to receive without delay the heads and officials of any organization located on the territory of the Russian Federation, as well as the right to receive and disseminate any information, regardless of the degree of secrecy, relating to issues related to his deputy activities.
Materials submitted to the media by a deputy on behalf of the chamber are subject to mandatory publication within 7 days. During the entire term of office, members of the State Duma enjoy immunity. However, parliamentary immunity is not a basis for refusing to initiate a criminal case and perform certain investigative actions.
The State Duma gathers for the first meeting on the 30th day after the election, but the President of the Russian Federation may convene a meeting of the State Duma earlier than this date. The first meeting of the State Duma is opened by the oldest deputy, and in the future, until the election of the Chairman or Deputy Chairman of the State Duma, representatives of all electoral associations preside. Meetings are held openly, publicly, covered in the media; representatives of state bodies, public associations, scientific institutions, representatives of the media and independent experts necessary for giving opinions on issues considered by the State Duma.
Deputies may also decide to hold a closed session. The Constitution of the Russian Federation provides for the dissolution of the State Duma by the President of the Russian Federation in the event of a three-fold rejection of the candidates submitted by the Chairman of the Government of the Russian Federation. In this case, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections. The State Duma may express no confidence in the Government of the Russian Federation, after which the President has the right to announce the resignation of the government, or disagree with the decision of the deputies.
If the State Duma repeatedly expresses no confidence in the government within three months, the president announces the resignation of the government or dissolves the State Duma. The State Duma cannot be dissolved within a year after its election; from the moment it brings charges against the President of the Russian Federation until the appropriate decision is made by the Federation Council; within 6 months before the end of the term of office of the President of the Russian Federation.
What does it do? What are its functions and responsibilities? The answers to these questions will be given in the article.
State Duma of the Russian Federation: general characteristics
The State Duma is the Lower Russian Federation, or the Federal Assembly of the Russian Federation. The State Duma, like the Federation Council, is legislative. The creation of the body in question took place in 1993. According to the decree of B. N. Yeltsin "On constitutional reform RF", a body of 450 deputies appeared. Half of this number are elected during one round and directly. Voting takes place in single-member districts. The other half should be formed with the help of political parties of the Russian Federation that have overcome the 5 percent border.
The fifth chapter of the Constitution of the Russian Federation is dedicated to the Russian State Duma. It is in it that the structure of the body is briefly described, as well as what the State Duma of the Russian Federation does. What is this chapter from the basic law of the land?
Chapter 5 of the Constitution of the Russian Federation
The fifth chapter of the country's basic law tells about the Russian parliament - the Federal Assembly. The chapter briefly spells out all the main points concerning the two chambers of parliament: the Federation Council and the State Duma. Article 103 most fully reveals what the deputies of the State Duma do and what powers they have. This article, as well as some others Russian Constitution will need to be disassembled in order to have the most complete picture of the duties and professional functions of the lower house of Parliament - the State Duma.
However, it is worth starting with the most general points. Thus, Article 94 establishes the status of the Federal Assembly; This body is representative, belonging to the legislative branch of government. Part 5 of Article 95 enshrines the fact that the State Duma consists of 450 persons who are deputies. Art. 96 tells about the period of election of the body, which today is exactly 5 years. What the State Duma is doing will be discussed later.
State Duma and Government
Despite the fact that everyone in Russia is equal in relation to each other, it is worth noting some points that indicate a significant influence of one branch of government on another. In particular, it is necessary to pay attention to part 1 of Article 114 of the Constitution of the Russian Federation. According to this article, the Government is obliged to submit reports to the State Duma in a timely manner. Such a system always indicates the degree of democratic development of the state. In particular, the commentary to article 114 refers to the need to enhance the role of representative bodies in public and political life. Unfortunately, only political scientists can decide whether such a scheme violates the system of checks and balances. One also has to guess whether Federal Assembly in the near future to give assessments to the Government.
It is worthwhile, however, to return to what the State Duma is doing and what are its functions in relation to the Government. Thus, paragraph B of Article 103 secures the State Duma the opportunity to resolve the issue of confidence executive body authorities. In fact, this is another proof significant influence representative branch of government to the executive.
State Duma and the Central Bank of the Russian Federation
What does the State Duma of the Russian Federation do in relation to the higher financial authorities? Clause D of Article 83 of the Constitution of the Russian Federation provides the State Duma with the ability to appoint and remove the head of the Central Bank of Russia. The term of office of a representative of the Central Bank is determined in accordance with the Federal Law "On the Central Bank of the Russian Federation". It is also worth noting that both appointment and removal from office are considered final if voted for by most of deputies of the State Duma.
The same applies to the Accounts Chamber. The State Duma is able to appoint both the chairman of this body and the composition of its auditors. At the same time, the issue of removal or appointment is decided in accordance with the available budget, taxation, etc.
Appointment of amnesty
It is worth finally turning to Article 103 of the Constitution of the Russian Federation. It is this article that fixes all the main duties and functions that are under the jurisdiction of the lower house of the legislature. What can be highlighted here? What does the State Duma do? (Grade 4, as well as some steps higher in school curriculum often involve the analysis of these issues; an adult, all the more, should know all the most important things about the structure of government bodies).
The lower house of the legislature has the power to appoint a human rights ombudsman, as well as to dismiss him. It is also worth noting that deputies are able to nominate the necessary candidates.
A separate topic worth mentioning is the ability of the State Duma to resolve amnesty issues. What is the position of the Lower Chamber in this case, what is the State Duma doing? Briefly and clearly characterizes paragraph G of Article 103 of the Constitution. According to it, the decision to accept the amnesty is made by gaining a majority of parliamentary votes. Signs a decree on amnesty Chairman of the State Duma. The official publication of the order must occur within three days.
State Duma and President
Relations between the head of state and the State Duma are built in Russia in a very special way. Thus, according to article 103 of the Constitution (paragraph 3), the lower house of the legislature is able to bring accusations and claims against the president. An accusation can be made only if 2/3 of the deputies' votes were received for it. It is also worth noting that the prosecution must have specific references to the crimes or offenses committed by the head of state.
The State Duma sends an accusation of Supreme Court for consideration. If the court finds corpus delicti, the question of removing the head of state from office is raised.
The procedure for passing laws
Since the branch of power in question is called the legislative branch, questions about what the State Duma and the Federation Council are doing immediately become closed. These bodies issue and edit laws, and this is their main purpose. How is the legislative process going? This will be discussed further.
The procedure for the adoption and execution of bills is carried out in three readings. The first reading involves discussion of the main provisions of the drafts. The initiator of the law reads out the report, the listeners have the opportunity to express their comments and debates. If the law is approved, the second stage begins. It involves amendments and minor changes to the law. After that, the third stage takes place, at which the deputies cast their vote for or against the adoption of the law. The final project can only be adopted if the majority voted for it.
The procedure for considering federal laws
What does the State Duma do? Executes laws, adopts laws, is engaged in their editing and execution. All these functions are performed by the lower chamber at three special readings. In order to have a broader understanding of the legislative process, it is also necessary to talk about the procedure for considering projects by the Federation Council.
Within five days, the laws developed by the State Duma must be considered by the highest chamber of parliament. Part 4 of Article 105 of the Russian Constitution enshrines the provision that the Federation Council is obliged to arrange a vote for or against the adoption of the bill. Thus, if approved by half of the members of the House, the law enters into force. There is another way to make the law work. To do this, the Federation Council must ignore the sent draft within 14 days (we are talking about the failed vote for or against the bill). If the draft is rejected, the State Duma creates a conciliation commission, where it tries to overcome the veto of the Supreme Chamber.
Article 106 of the Constitution of the Russian Federation
What laws should be subject to mandatory review by the highest house of the legislature? Article 106 of the Russian Constitution enshrines the following projects:
Thus, the question of what the State Duma is doing becomes relatively closed. Approves or rejects laws, appoints or dismisses certain persons, deals with amnesty issues - all these and many other functions are performed by the Lower House of Parliament in Russia. Next, it is worth considering the questions of when and in what cases the State Duma can be dissolved.
On the dissolution of the State Duma
The State Duma can be dissolved in certain cases, which are discussed in articles of the Constitution 109, 111 and 117. The first thing to note is that only the President has the right to dissolve the Lower House of Parliament. However, according to paragraph 3 of Article 92, a person replacing the President, or temporarily acting in his capacity, cannot have such a right.
It is also worth talking about why the procedure for dissolving the State Duma is necessary in the Russian Federation. In fact, such a scheme is an extreme way to overcome disagreements between the executive and legislative branches of government. So that there are no conflicts that can significantly hinder the development of political and public life country, it is necessary to make a kind of "reset" of relations. The President promptly, in accordance with all constitutional norms, dissolves either the Government or the State Duma, thereby allowing conflict situation and opening the way for further development by finding compromises.
Criteria for the dissolution of the State Duma
As mentioned above, the criteria and conditions for the dissolution of the lower house of parliament are enshrined in Articles 111 and 117 of the Russian Constitution. Thus, part 4 of article 111 tells that the State Duma of the Russian Federation can be dissolved if it has expressed no confidence in candidates for the post of Chairman of the Government of the Russian Federation three times in a row. It is in this case that the head of state is able to dissolve the current composition of the State Duma, independently appoint the prime minister and announce new elections to the Lower House of Parliament.
The second case is enshrined in constitutional article 117. According to paragraph 3, the State Duma is dissolved by the president in the event of repeated expressions of no confidence in the Government. There is also a clear deadline - three months. The State Duma has exactly that much time to think about accepting the current government composition.
When the State Duma cannot be dissolved?
There are several circumstances that deny the possibility of dissolving the State Duma. All of them are given in Article 109 of the Constitution of the Russian Federation. What exactly are we talking about? The State Duma cannot be dissolved if:
- at least one year has not passed since the beginning of its work;
- if the State Duma has brought charges against the current head of state (however, this circumstance ends with the adoption of an appropriate decision by the Federation Council);
- a state of emergency or martial law has been introduced in the Russian Federation;
- six months or less left before the end of the presidential term.
Composition of the State Duma
What does the State Duma do? The answer to this question has been given. However, another important problem remained unresolved: the composition and structure of the Lower House of Parliament.
On September 18, 2016, elections of deputies to the State Duma were held in Russia. On October 5, the final composition of the seventh convocation was formed. Vyacheslav Viktorovich Volodin, a member of the faction " United Russia"(ER) and the state adviser of the Russian Federation of the first class. 343 seats were taken by deputies of the United Russia, 42 by persons from the Communist Party of the Russian Federation, 39 deputies from the Liberal Democratic Party and 23 from Just Russia.
Thus, the article provided answers to questions about the structure of the lower house of the Parliament, what its composition is, and what the State Duma does. Grade 4 (answers and questions from Olympiads, textbooks on social science) and higher school classes suggest questions about political structure RF. If adults do not know anything about this, the level political culture in society will begin to decline rapidly. This will lead to all sorts of problems. To have the most general idea about state structure, it will be enough to read the Constitution alone.