Legal status and powers of the Federation Council of the Russian Federation. Federation Council of the Russian Federation: status, formation and organizational structure, work procedure. Constitutional and legal status of the Federal Assembly of the Russian Federation

The Federation Council is the upper chamber of the Federal Assembly (Russian Parliament), which, according to the Russian Constitution, includes 2 representatives from each subject of the Russian Federation - one from the representative and executive bodies of state power.

According to Article 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes:

· Approval of changes in borders between subjects of the Russian Federation;

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

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

appointment of elections of the President of the Russian Federation;

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

In the field of lawmaking, the Federation Council plays a subordinate role in relation to the State Duma. Any laws are first submitted to the State Duma, and only after approval by the lower house are submitted to the Federation Council for consideration.

When considering laws adopted by the State Duma, the Federation Council does not have the right to make amendments, but can either approve or reject the law as a whole. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it, or if it was not considered by the Federation Council within fourteen days.

Circumstances excluding the criminality of the act and the limits of their legality.

Circumstances excluding criminality of an act are conditions recognized by criminal law under which acts that formally contain signs of the objective side of a crime provided for by criminal law do not entail criminal liability.

34. Criminal liability

Criminal liability is one of the types of legal liability.

Legal responsibility is inextricably linked with the state, the rule of law, the duty and unlawful behavior of citizens and their associations. The state, issuing the rules of law, determines the legal responsibility of the subjects, regardless of their will and desire, it is of a state-compulsory nature.

Unlike moral responsibility, legal responsibility is characterized by the presence of state coercion. A characteristic feature of such coercion is that this activity itself is strictly regulated by law, has its own legal framework.

On the one hand, the subjects of legal responsibility are the state represented by government agencies and officials (court, prosecutor's office, police, various administrative bodies, etc.), on the other hand, individuals and their associations act. The state in these legal relations always acts as a subject endowed with power.

Legal responsibility has the following main features:

legal responsibility acts as a legal relationship arising between the state represented by its special bodies and the offender;

legal liability is expressed in certain negative consequences for the offender in the form of personal, property, organizational and physical deprivation or restriction;

legal liability is always regulated by legal acts;

legal responsibility is embodied in a strictly established by law order;

· Legal responsibility comes for the committed offense.

All of the above features are inherent in criminal liability. However, criminal liability has a number of features that distinguish it from other types of liability (administrative, civil, disciplinary liability).

These features are expressed as follows:

criminal liability on behalf of the state is applied only by strictly defined bodies (court, prosecutor's office, investigation, inquiry);

· criminal liability is expressed in the most severe, but strictly defined types of negative consequences (criminal penalties) for the offender;

· criminal liability is established exclusively by the norms of the Criminal Code;

· criminal liability is embodied in the manner prescribed by the norms of criminal procedure legislation, the slightest deviation from which leads to the illegality of the application of criminal liability;

· Criminal liability arises for the committed act, which is defined as a crime in the special part of the Criminal Code.

Thus, criminal liability is a legal relationship that arises between the state in the person of strictly defined bodies and an individual who has committed an act defined by the Special Part of the Criminal Code as a crime and is expressed when applied to the guilty person in a strictly established procedural order of state coercion (criminal punishment) .

Criminal liability is realized in the form of:

bringing to criminal responsibility;

sentencing;

Execution of punishment

· convictions.

Grounds for criminal liability. The criminal legislation of the Russian Federation establishes that the commission of an act containing all the elements of a crime provided for by criminal law (Article 8 of the Criminal Code of the Russian Federation) is the basis for criminal liability.

The objective basis of criminal liability is the commission by an individual of not any act, but only a socially dangerous one that encroaches on public relations protected by criminal law.

At the same time, the criminal legislation of the Russian Federation categorically rejects objective imputation and recognizes the possibility of liability only when a person has committed a socially dangerous act guilty, that is, intentionally or through negligence. Therefore, the guilt of a person in committing a crime is the subjective basis of criminal liability.

Objective and subjective grounds of responsibility allow us to establish what exactly this person committed a socially dangerous act. Therefore, for criminal liability it is required to establish a legal basis, which, in accordance with Art. 8 of the Criminal Code is the presence in the deed of all signs of a crime.

The composition of a crime is understood as a set of certain signs (elements), in the presence of which a committed socially dangerous act is recognized as a crime. Such mandatory features include: the object of the crime, the objective side of the crime, the subject of the crime, the subjective side of the crime.

The object of the crime is the social relations that have developed in society, the interests and benefits protected by criminal law, which are infringed by this or that criminal encroachment. The objective side characterizes the external manifestation of a socially dangerous encroachment on an object protected by criminal law, expressed in action or inaction. The subject of a crime is a physical sane person who has committed a socially dangerous act provided for by the Special Part of the Criminal Code, who has reached the age of criminal responsibility established by law. The subjective side characterizes the internal, mental attitude of a person to the deed and to the ensuing consequences. All these elements of the composition will be discussed in more detail later.

Only the corpus delicti contains objective and subjective grounds for bringing the perpetrator to criminal responsibility. The presence of all elements of the crime is strictly required. The absence of at least one of them excludes the possibility of bringing a person to criminal responsibility.

types of criminal penalties

Punishment - a measure of state coercion, provided for by the Criminal Code of the Russian Federation, applied by a court verdict on behalf of the state to a person found guilty of a crime.

Punishment is applied in order to restore social justice, as well as to correct the convict and prevent the commission of new crimes.

The Criminal Code of the Russian Federation has 13 types of punishment, which are divided into two groups: main (used independently) and additional (used only in combination with the main ones), as well as measures used as both main and additional.

Compulsory labor, corrective labor, restriction in military service, restriction of freedom, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment, and the death penalty are applied only as the main types of punishment.

A fine and deprivation of the right to hold certain positions or engage in certain activities are applied as both basic and additional types of punishment.

Deprivation of a special, military or honorary title, class rank and state awards are applied only as additional types of punishment. Confiscation of property is excluded from the list of types of punishment and is currently used as another measure of a criminal law nature.

A fine is a monetary penalty imposed within the limits provided for by the Criminal Code of the Russian Federation.

The essence of the fine is to infringe on the property interests of the person guilty of the crime.

There are two ways to determine the amount of the fine:

in the form of a certain amount of money (from 2.5 thousand rubles to 1 million rubles);

as wages or other income of the convict for a certain period (from two weeks to five years).

This is of great practical importance, since punishment is equally repressive in relation to different segments of the population.

When malicious evasion from the payment of a fine imposed as the main punishment, it is replaced within the limits of the sanction provided for in the article of the Special Part of the Criminal Code of the Russian Federation (part 5 of article 46).

The concept of malicious evasion from paying a fine is defined by the penal law: a convict who has not paid a fine or part of a fine within the period established by Parts 1, 3 of Art. 32 of the Penal Code of the Russian Federation.

Deprivation of the right to occupy certain positions or engage in certain activities consists in the prohibition to hold positions in the public service, in local governments, or to engage in certain professional or other activities.

When convicted for committing a grave or especially grave crime, taking into account the identity of the perpetrator, the court may deprive him of a special, military or honorary title, class rank and state awards.

Compulsory work consists in the execution by the convict in his free time from the main work or study of free public useful work. The type of compulsory work and the objects at which they are practiced are determined by local governments in agreement with the penitentiary.

Features of the considered type of punishment are:

obligation of work;

performance of work only in free time from the main work or study;

free work for the convict;

determination of the type of work and objects where they are served, by local governments in agreement with the penitentiary inspections.

With regard to convicts who maliciously evade serving compulsory work, the penitentiary inspection sends a submission to the court on the replacement of compulsory work with another type of punishment in accordance with Part 3 of Art. 49 of the Criminal Code of the Russian Federation.

Corrective labor is assigned to a convict who does not have a main place of work, and is served in places determined by the local government in agreement with the body executing punishment in the form of corrective labor, but in the area of the convict's place of residence.

In case of malicious evasion from serving a sentence by a person sentenced to correctional labor, the court may replace the unserved part of the punishment with restriction of liberty, arrest or imprisonment at the rate of one day of restriction of liberty for one day of correctional labor, one day of arrest for two days of correctional labor, one day imprisonment for three days of corrective labor (part 4 of article 50 of the Criminal Code of the Russian Federation).

The restriction on military service consists in depriving the possibility of promotion and military rank convicted servicemen who are doing military service under a contract, with the simultaneous deduction to the state of a part of their monetary allowance established by a court verdict (Article 51 of the Criminal Code of the Russian Federation).

While serving a restriction on military service, the convict cannot be promoted in position, military rank, and the term of punishment is not counted in the length of service for conferring the next military rank (part 2 of article 51 of the Criminal Code of the Russian Federation). Restriction on military service is assigned for a period of three months to two years, and when a serviceman is replaced with correctional labor assigned for committing crimes not related to military service, restriction on military service - for a period of two months to two years. If, taking into account the nature of the crime committed and other circumstances, the convicted serviceman cannot be left in a position related to the leadership of subordinates, he, by decision of the corresponding commander of the military unit, is transferred to another position both within the military unit, and in connection with the transfer to another unit or locality (Article 145 of the Penal Code of the Russian Federation).

Restriction of freedom consists in the maintenance of a convicted person who has reached the age of 18 by the time of sentencing, in a special institution without isolation from society under supervision (part 1 of article 53 of the Criminal Code of the Russian Federation).

In case of malicious evasion of the convict from serving the restriction of liberty, it is replaced by deprivation of liberty for the period of restriction of liberty, appointed by the court's verdict. At the same time, the time of serving the restriction of liberty is counted in the period of deprivation of liberty at the rate of one day of deprivation of liberty for one day of restriction of liberty (part 4 of article 53 of the Criminal Code of the Russian Federation).

Arrest consists in keeping the convict in conditions of strict isolation from society and is established for a period of one to six months. In case of replacement of compulsory works or correctional labor by arrest, he may be appointed for a period of less than one month.

Arrest is not imposed on persons who have not reached the age of 16 by the time the court pronounces the sentence, as well as pregnant women and women with children under the age of 14.

Detention in a disciplinary military unit is assigned to servicemen undergoing military service by conscription, as well as to servicemen undergoing military service under a contract in the positions of privates and sergeants, if at the time of the court's sentence they have not served the term of service established by law by conscription. This punishment is established for a period of three months to two years.

Deprivation of liberty consists in isolating the convict from society by sending him to a colony-settlement, placing him in an educational colony, a medical correctional institution, a correctional colony of general, strict or special regime, or in prison.

Imprisonment is established for a period of two months to 20 years.

In the case of partial or complete addition of terms of deprivation of liberty, when imposing sentences for cumulative crimes, the maximum term of deprivation of liberty may not exceed 25 years, and for cumulative sentences - more than 30 years.

Life imprisonment is established only for the commission of especially serious crimes encroaching on life, as well as for the commission of especially serious crimes against public safety.

Life imprisonment is not assigned to women, as well as to persons who have committed crimes under the age of 18, and to men who have reached the age of 65 by the time the court passes the sentence.

The death penalty as an exceptional measure of punishment can be established only for especially grave crimes that encroach on life. Currently, there is a moratorium on the death penalty in Russia until 2010. The Constitutional Court of the Russian Federation, by its decision of February 2, 1999 No. 3-P, established that until the creation of jury trials in all constituent entities of the Russian Federation, the death penalty cannot be imposed by any court Russian Federation.

The Federation Council is the "upper" chamber of the Federal Assembly - the parliament of the Russian Federation. The Federation Council includes: two representatives from each subject of the Russian Federation - one from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, whose number is not more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The Federation Council is the "upper" chamber of the Federal Assembly - the parliament of the Russian Federation.

The Federation Council includes: two representatives from each subject of the Russian Federation - one from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, whose number is not more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The procedure for the formation of the Federation Council until August 8, 2000 was determined by the Federal Law of December 5, 1995 No. 192-FZ “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 50, Art. 4869): chamber consisted of 178 representatives of the constituent entities of the Russian Federation - heads of legislative (representative) and heads of executive bodies of state power (by position). All members of the Federation Council combined the performance of duties in the chamber of the federal parliament with duties in the corresponding subject of the Russian Federation.

On August 8, 2000, Federal Law No. 113-FZ of August 5, 2000 “On the Procedure for Forming the Council of the Federation of the Federal Assembly of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2000, No. 32, Art. 3336) came into force. The Chamber included 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). The term of office of such representatives was determined by the term of office of the bodies that elected or appointed them, however, on the proposal of the Chairman of the Federation Council, the powers of a member of the Federation Council could be terminated early by the body that elected (appointed) him in the same manner in which he was elected (appointed) as a member of the Federation Council . A citizen of the Russian Federation not younger than 30 years of age who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to bodies of state power, could be elected (appointed) as a member of the Federation Council.

From January 1, 2011, taking into account the changes in the procedure for the formation of the Federation Council, introduced by Federal Law No. 21-FZ of February 14, 2009, a candidate for election (appointment) as a representative in the Federation Council could be a citizen of the Russian Federation who is a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation or a deputy of a representative body municipality located on the territory of the constituent entity of the Russian Federation, the state authority of which elects (appoints) him/her as a member of the Federation Council. An elected (appointed) member of the Federation Council is obliged, within the period established by the Federal Law, to resign as a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation or a deputy of a representative body of a municipal formation.

Powers of a member of the Federation Council () began from the date of entry into force of the decision on his election (appointment) by the relevant state authority of the constituent entity of the Russian Federation. An elected (appointed) member of the Federation Council began exercising his powers on the tenth day from the date on which the decision on his election (appointment) by the relevant state authority of a constituent entity of the Russian Federation came into force.

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 were 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 could submit alternative candidates. The decision to elect a representative from a legislative (representative) body was 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.

On January 1, 2013, it entered into force, according to which the empowerment of a member of the Federation Council is carried out, respectively, by the legislative (representative) body of state power of the subject of the Russian Federation of the new convocation and the newly elected highest official of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) for the term of office of the said state authority of the constituent entity of the Russian Federation.

A candidate for vesting the powers of a member of the Federation Council may be a citizen of the Russian Federation who has reached the age of thirty years, has an impeccable reputation and has permanently resided in the territory of the corresponding subject of the Russian Federation for five years immediately preceding the nomination of a candidate for vesting the powers of a member of the Federation Council, or in aggregate within twenty years preceding the nomination of a candidate for empowerment of a member of the Federation Council. In cases specified by law, the requirement for permanent residence in the territory of a constituent entity of the Russian Federation does not apply.

A candidate for vesting the powers of a member of the Federation Council - a representative of the legislative (representative) body of state power of a subject of the Russian Federation can only be a deputy of this body who meets the above requirements.

Candidates for empowerment of a member of the Federation Council - a representative of 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, a faction or a group of deputies numbering at least one fifth of the total number of deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation Federation. The chairman, faction, group of deputies has the right to submit for consideration by the legislative (representative) body of state power of a subject of the Russian Federation no more than one candidate for conferring the powers of a member of the Federation Council.

The decision to empower a member of the Federation Council - a representative of the legislative (representative) body of state power of a constituent entity of the Russian Federation is taken by a majority vote of the total number of deputies of this body and is formalized by a resolution of the legislative (representative) body of state power of a constituent entity of the Russian Federation and must be taken within one month from the date of the first meeting in the competent composition of the legislative (representative) body of state power of the constituent entity of the Russian Federation of the new convocation, including in the event of early termination of the powers of this body of the previous convocation.

When holding elections for the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation), each candidate for this position shall submit to the relevant election commission three candidates that meet the requirements and restrictions established by the Federal Law, one of which, if the candidate who presented it, is elected will be endowed with the powers of a member of the Federation Council - a representative of the executive body of state power of a constituent entity of the Russian Federation. If the constitution (charter), the law of the subject of the Russian Federation provides for the election 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) by deputies of the legislative (representative) body of state power of the subject of the Russian Federation, the candidate for the position of the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) submits three candidates to the legislative (representative) body of state power of the corresponding constituent entity of the Russian Federation, one of which, if the candidate who presented it, is elected, will be vested with the powers of a member of the Federation Council - a representative from the executive body of the state authorities of the subject of the Russian Federation. At the same time, the same candidate for conferring the powers of a member of the Federation Council - a representative of the executive body of state power of a subject of the Russian Federation cannot be represented by different candidates for the position of 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).

The decision to empower a member of the Federation Council who is a representative of the executive body of state power of a constituent entity of the Russian Federation must be made by a newly elected highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) no later than the day after the date of his accession to the job title. This decision is formalized by an appropriate decree (decree).

The state authority of the constituent entity of the Russian Federation that has adopted a decision on conferring the powers of a member of the Federation Council, no later than the day following the day the decision enters into force, sends it to the Federation Council and places it on its official website on the Internet information and telecommunication network.

The powers of a member of the Federation Council begin on the day the decision of the relevant state authority of a subject of the Russian Federation on conferring the powers of a member of the Federation Council comes into force. The powers of a member of the Federation Council shall be terminated from the date of entry into force of the decision of the relevant state authority of the constituent entity of the Russian Federation on the empowerment of a new member of the Federation Council - a representative from the same state authority of the constituent entity of the Russian Federation.

The Law of the Russian Federation “On the Amendment to the Constitution of the Russian Federation on the Federation Council of the Federal Assembly of the Russian Federation” amended the Constitution of the Russian Federation, according to which the representatives of the Russian Federation in the Federation Council are appointed and dismissed by the President of the Russian Federation.

The Federation Council is a permanent body. Its meetings are held as needed, but at least twice a month. The meetings of the Federation Council are the main form of work of the chamber. They are held separately from the meetings of the State Duma. The chambers may meet together to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, speeches by heads of foreign states. Members of the Federation Council exercise their powers on a permanent basis.

Meetings of the Federation Council are held in the city of Moscow, as a rule, from January 25 to July 15 and from September 16 to December 31, and are open. By decision of the Federation Council, the venue of the meetings may be changed, and a closed session may also be held.

The Federation Council elects from among its members the Chairman of the Federation Council, his first deputy and deputies who chair the meetings and manage the internal routine of the chamber. In addition, Chairman of the Federation Council E. S. Stroev, who terminated his powers, was elected Honorary Chairman of the Federation Council (this title is for life). E.S. Stroyev, as well as the Chairman of the Federation Council of the first convocation V.F. Shumeiko, were assigned special seats in the meeting room of the Federation Council and working rooms in the building of the chamber, they were issued special certificates and badges, they were endowed with the right of an advisory vote and some other rights.

The Federation Council forms committees from among the members of the chamber. Committees of the Federation Council are permanent bodies of the chamber.

The Federation Council may create temporary commissions from among the members of the chamber. The temporary commission is created by the Federation Council for a specific period to solve a specific problem. The creation of a temporary commission is coordinated with the committee of the Federation Council, whose jurisdiction includes the issue of conducting this temporary commission.

Each member of the Federation Council must be a member of one of the committees of the Federation Council. A member of the Federation Council may be a member of only one committee of the chamber. The Chairman of the Federation Council cannot be a member of a committee of the Federation Council. The First Deputy Speaker of the Federation Council and Deputy Chairmen of the Federation Council may be members of one of the committees of the Federation Council. The committee of the chamber must include at least 11 and no more than 21 members of the Federation Council. The decision to approve the personal composition of the committee of the chamber is formalized by a resolution of the Federation Council. The committee of the Federation Council for the main areas of its activity may form subcommittees. A member of a House committee may serve on any subcommittee of that committee.

The Federation Council formed:

Federation Council Committee on Constitutional Legislation and State Building;

Federation Council Committee on the Federal Structure, Regional Policy, Local Self-Government and Northern Affairs;

Federation Council Committee on Defense and Security;

Federation Council Committee on International Affairs;

Federation Council Committee on Budget and financial markets;

Federation Council Committee on economic policy;

Federation Council Committee on Agrarian and Food Policy and Nature Management;

Federation Council Committee on Social Policy;

Federation Council Committee on Science, Education and Culture;

Federation Council Committee on Rules and Organization of Parliamentary Activities.

A decision on the reorganization or liquidation of individual committees or on the formation of new committees is made in the manner established by the Regulations of the Federation Council.

Committees of the Federation Council carry out their activities on the principles of openness and free discussion of issues. Meetings of the Committee of the Federation Council, as a rule, are held openly. A committee of the Federation Council may decide to hold a closed session at the proposal of members of the committee, as well as in cases provided for by federal constitutional laws and federal laws.

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; ratification and denunciation of international treaties of the Russian Federation; the status and protection of the state border of the Russian Federation; war and peace.

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 to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation;
appointment and dismissal of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation;
appointment and dismissal of the Vice President 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, by a majority vote of the total number of members of the Federation Council, unless otherwise provided by the Constitution of the Russian Federation, adopts resolutions.

The Federation Council adopts Regulations, which define in detail the bodies and procedure for the work of the Federation Council, the participation of the chamber in legislative activities, and the procedure for considering issues within the jurisdiction 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 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 Federal Assembly - the Parliament of the Russian Federation - is the representative and legislative body of the Russian Federation. The Federal Assembly consists of two chambers - the Federation Council and the State Duma.

The Federation Council is the "upper" chamber of the Federal Assembly - the parliament 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 jurisdiction of the Federation Council includes:

a) approval of changes in the borders between the constituent entities of the Russian Federation;
b) approval of the decree of the President of the Russian Federation on the introduction of martial law;
c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
e) appointment of elections of the President of the Russian Federation;
f) removal of the President of the Russian Federation from office;
g) appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;
h) appointment and dismissal of the Prosecutor General of the Russian Federation;
i) appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

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

On August 8, 2000, the new Federal Law of August 5, 2000 No. 113-FZ “On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation” (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2000, No. 32, Art. 3336) came into force. Now 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). 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). A citizen of the Russian Federation who is at least 30 years of age and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to bodies of state power, may be elected (appointed) as a member of the Federation Council.

The Federation Council is a permanent body. Its meetings are held as needed, but at least twice a month. The meetings of the Federation Council are the main form of work of the chamber. They are held separately from the meetings of the State Duma, with the exception of hearing messages from the President of the Russian Federation or the Constitutional Court of the Russian Federation, speeches by heads of foreign states.

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) is sent within three days to the legislative (representative) body of state power of the subject of the Russian Federation and enters 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 election (appointment) of all members of the Federation Council in accordance with the new Federal Law was basically completed no later than January 1, 2002. At the same time, newly elected (appointed) representatives work in the chamber only on a permanent basis.

Federation Council is "upper" Chamber of the Federal Assembly - the Parliament of the Russian Federation.
The Federation Council, in accordance with Part 2 of Article 95 of the Constitution of the Russian Federation, includes two representatives from each subject of the Russian Federation: one each from the representative and executive bodies of state power.

On August 8, 2000, the new Federal Law No. 113-FZ of August 5, 2000 came into force. "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation". Now 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). 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). A citizen of the Russian Federation who is at least 30 years of age and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to bodies of state power, may be elected (appointed) as a member of the Federation Council.

Federation Council is permanent body. Its meetings are held as needed, but at least twice a month. The meetings of the Federation Council are the main form of work of the chamber. They are held separately from the meetings of the State Duma, with the exception of hearing messages from the President of the Russian Federation or the Constitutional Court of the Russian Federation, speeches by heads of foreign states.

Federation Council meetings are held in the city of Moscow, from January 25 to July 15 and from September 16 to December 31, and are open. By decision of the Federation Council, the venue of the meetings may be changed, and a closed session may also be held.

The Federation Council elects from among its members Chairman of the Federation Council, his first deputy and deputies who conduct meetings and are in charge of the internal routine of the chamber. In addition, the Chairman of the Federation Council E.S. Stroev, who terminated his powers, was elected Honorary Chairman of the Federation Council(This title is for life). E.S. Stroev, as well as the Chairman of the Federation Council of the first convocation V.F. Shumeyko, were assigned special seats in the meeting room of the Federation Council and working rooms in the building of the chamber, they were issued special certificates and badges, they were endowed with the right of an advisory vote and some other rights.

The Federation Council forms committees, permanent and temporary commissions from among the members of the chamber. The Federation Council has the right to create, abolish and reorganize any committees and commissions.

Committees and standing commissions of the Federation Council are permanent bodies of the chamber. All members of the Federation Council, with the exception of the Chairman of the Federation Council, his first deputy and deputies, are members of committees. A member of the Federation Council may be a member of only one committee of the chamber, while the committee must include at least 7 members of the Federation Council. The composition of the committee, commission is approved by the chamber.

The following committees and standing commissions have been formed and operate in the Federation Council:

Federation Council Committee on Constitutional Legislation;
- The Federation Council Committee on Legal and Judicial Issues;
- Federation Council Committee on Federation Affairs and Regional Policy;
- Committee of the Federation Council on local self-government;
- Committee of the Federation Council on Defense and Security;
- Budget Committee of the Federation Council;
- Committee of the Federation Council on financial markets and money circulation;
- Commission of the Federation Council for interaction with the Accounts Chamber of the Russian Federation;
- Committee of the Federation Council on International Affairs;
- Committee of the Federation Council for the Commonwealth of Independent States;
- Commission of the Federation Council on the Rules and Organization of Parliamentary Activities;
- Commission of the Federation Council on the methodology for exercising the constitutional powers of the Federation Council;
- Committee of the Federation Council on social policy;
- Committee of the Federation Council on Science, Culture, Education, Health and Ecology;
- Committee of the Federation Council for Youth Affairs and Sports;
- Federation Council Committee on Economic Policy, Entrepreneurship and Property;
- Committee of the Federation Council on Industrial Policy;
- Commission of the Federation Council on natural monopolies;
- Federation Council Committee on Natural Resources and Protection environment;
- Committee of the Federation Council on Agrarian and Food Policy;
- Committee of the Federation Council for the Affairs of the North and Indigenous Peoples;
- Commission of the Federation Council on Information Policy;
- Commission of the Federation Council for monitoring the activities of the Federation Council.

Committees and standing commissions of the Federation Council have equal rights and bear equal responsibilities for the implementation of the constitutional powers of the chamber: they prepare opinions on federal laws adopted by the State Duma and submitted for consideration by the Federation Council, as well as on federal constitutional laws; develop and preliminary consider bills and drafts of other normative legal acts, organize parliamentary hearings, etc.

The activities of temporary commissions are limited to a certain period or specific tasks.

Powers of the Federation Council 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 order to exercise the right of legislative initiative, the Federation Council independently develops draft federal laws and federal constitutional laws.

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 to the position 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.

The Federation Council, as well as each member of the Federation Council, has the right of legislative initiative.

The Federation Council accepts Regulations, which defines 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.

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 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.

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 the Federal Law of July 5, 1999? 133-FZ).

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COURSE WORK

ON THE DISCIPLINE "CONSTITUTIONAL LAW"

Conclusion

Introduction

Relevance. According to the Constitution of the Russian Federation - Russia is a democratic federal constitutional state with a republican form of government. The activities of the highest state authorities are carried out in accordance with the principle of separation of powers and the principles of the federal structure, which include: state integrity, unity of the system of state power, delineation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, equality and self-determination of peoples in the Russian Federation. Legislative power is represented by the Federal Assembly - the parliament of the Russian Federation, which consists of two chambers - the Federation Council and the State Duma. Reflecting the interests of the constituent entities of the Russian 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 as a whole. And the question of the real role of the Federation Council in the system of state power and the features of improving its status in the context of the tasks of strengthening statehood and development federal relations still remains vital.

Literature review. A number of works are devoted to this problem, in particular, these are the works of prominent scientists in the field of constitutional law, such as S.A. Avakyan and S.M. Shakhrai, as well as the Chairman of the Constitutional Court of the Russian Federation from 1997 to 2003 M.V. Baglaya, Academician of the Russian Academy of Sciences O.E. Kutafin, lawyer-publicist Simonyan G.R. and others.

The purpose of our study is to determine the constitutional and legal status of the upper house of the Russian Parliament.

To achieve this goal, the following tasks are required:

Establish the concept of the constitutional and legal status of the Federation Council and identify its constituent parts;

Analysis of the functions of the Federation Council;

Studying the current procedure for the formation of the Federation Council;

Study of the interaction mechanism of the Federation Council with the State Duma, with the President of the Russian Federation and the Government of the Russian Federation.

Methodology. To write this work, the methods of comparative analysis, description and generalization of the legal framework, as well as monographic publications and articles were used.

The structure of the work consists of an introduction, the main part: two chapters, the first of which contains three paragraphs, and the second - two and a conclusion, which includes the main conclusions on the topic.

Chapter I. Constitutional and legal status of the Federation Council and its elements

1.1 Procedure for the formation of the Federation Council

Historically, the bicameral structure of parliament arose in Western countries as a way to contain one chamber (upper) from the excessive radicalism of the other (lower). It was a typical product of bourgeois-democratic revolutions, which brought to power the bourgeoisie, who feared the raging people. In the Russian Federation, the bicameral parliament is a relatively new phenomenon that emerged only in 1990.

This structure of the Federal Assembly effectively helps to resolve differences between various social groups population.

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 Federation Council is formed and structured on a non-partisan basis. Members of the Federation Council do not create factions and party associations. According to the Federal Law “On the Procedure for Forming the Council of the Federation of the Federal Assembly of the Russian Federation”, candidates may be citizens of the Russian Federation who have reached the age of thirty, have an impeccable reputation and have permanently resided in the territory of the corresponding subject of the Russian Federation for five years. A candidate for vesting the powers of a member of the Federation Council must submit, respectively, to the legislative (representative) body of state power of a subject of the Russian Federation or to 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):

1) information on the amount and sources of his income, as well as the income of his wife (spouse) and minor children for the year preceding the year in which he may be vested with the powers of a member of the Federation Council;

2) information about the property belonging to him, as well as his spouse (spouse) and minor children on the right of ownership;

3) a statement with a commitment, in the event that the powers of a member of the Federation Council are vested, to cease activities incompatible with the status of a member of the Federation Council;

4) information about the property belonging to him, his spouse (spouse) and minor children real estate, located outside the territory of the Russian Federation, about the sources of funds from which the said property was acquired, as well as information about their obligations of a property nature outside the territory of the Russian Federation and about such obligations of their spouse (spouse) and minor children; (Clause 4 was introduced by the Federal Law of 07.05.2013 N 102-FZ)

5) information about their expenses, as well as about the expenses of their spouse (spouse) and minor children for each transaction for the acquisition of a land plot, other real estate, vehicle, securities, shares (participatory interests, shares in the authorized (share) capital of organizations ) completed within the last three years, if the amount of the transaction exceeds the total income of the candidate and his wife (spouse) for three recent years prior to the transaction, and on the sources of funds from which the transaction was made; (clause 5 was introduced by the Federal Law of 05/07/2013 N 102-FZ)

6) a written notice that he does not have accounts (deposits), does not keep cash and valuables in foreign banks located outside the territory of the Russian Federation, does not own and (or) does not use foreign financial instruments. (Clause 6 was introduced by the Federal Law of 07.05.2013 N 102-FZ) A citizen of the Russian Federation cannot be a candidate for conferring the powers of a member of the Federation Council:

1) having the citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation in the territory of a foreign state;

2) recognized by the court as incapable or partially capable;

4) convicted for committing a grave and (or) especially grave crime and having an unexpunged, outstanding conviction or previously having a conviction for committing a grave and (or) especially grave crime, except in cases where, in accordance with the new criminal law, this act is not recognized as grave or a particularly serious crime;

5) convicted of committing an extremist crime, provided for by the Criminal Code of the Russian Federation, and having, on the day of the decision to call the elections of the relevant state authority of the constituent entity of the Russian Federation, an unexpunged, outstanding conviction for the specified crime;

6) subjected administrative punishment for committing an administrative offense under Article 20.3 or 20.29 of the Code of the Russian Federation on administrative offenses(during the period when a citizen of the Russian Federation is considered subjected to administrative punishment).

1.2 Powers of the Federation Council

It seems that it is expedient to single out two groups of powers of the Federation Council. The first group of powers is the powers that both chambers decide together in the prescribed sequence. 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.

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. The competence of the chambers of parliament should not be assessed only by enumerating 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 the other chamber of the Federal Assembly - the State Duma. Of course, in a number of cases, the exercise by the Federation Council of these powers must be preceded by some legal fact, including the actions of other state bodies, but the decision of the Federation Council does not depend on the will or actions of these bodies.

Thus, in particular, the Federation Council has been given the right to approve changes in the borders between the constituent entities of the Russian Federation, to approve decrees of the President of the Russian Federation on the introduction of martial law and a state of emergency. 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 subjects regarding the delimitation of jurisdiction and powers, as a result of which the legal regime of objects located on the territory that passes from one subject of the Federation to another may change. 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 report the introduction of martial law on the territory of the Russian Federation or in its individual areas to the chambers of the Federal Assembly. Obviously, the Federation Council must evaluate 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 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. In addition, 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. Among the federal laws, which, in accordance with Art. 106 of the Constitution of the Russian Federation in without fail are considered by the Federation Council, the federal law on the federal budget applies to the next fiscal year. 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 then, within five days from the date of approval, sends it to the President of the Russian Federation for signing and promulgation.

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 carried out by 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. A secret ballot is held for all candidates.

1.3 Organization of the activities of the Federation Council

council federation constitutional legal

Federation Council meetings are held in Moscow. Each member of the House is assigned a permanent seat in the meeting room.

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. 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 everything that was said by the participants of 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;

Leads the meeting 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 the questions received in his address, 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;

The right to warn a member of the Federation Council about the violation of the provisions of the Regulations, and in case of repeated violation, may deprive him of his word. At the same time, at the meeting, the chairman is not entitled to express personal opinion on the issues under discussion, comment on the speeches, characterize the speakers, otherwise he is obliged to transfer his functions to another chairperson.

At the meetings, the following main types of speeches are provided: 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. Violating this rule is deprived of the word without warning. 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.

Voting at a meeting of the Federation Council is carried out using electronic system or bulletins. To conduct voting by ballots, the Federation Council creates a Counting Commission from among its members, which is the working body of this meeting.

Hearings are generally open to representatives of the funds mass 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.

Chapter II. The importance of the Federation Council in the development of federal relations

2.1 Features of the relationship between the Federation Council and the State Duma

The interaction of both chambers of the Federal Assembly is determined, firstly, by the Constitution of the Russian Federation; secondly, the norms of the regulations of the Federation Council and the State Duma; thirdly, the decisions of the Constitutional Court of the Russian Federation; fourthly, legislative acts of the federal level.

The norms of the Constitution of the Russian Federation in the general view regulate the relationship of the chambers of parliament in the organizational, legislative and other areas of activity of the Federal Assembly. Part 3 of Art. 100 of the Constitution, it is established that the chambers can meet together to hear messages from the President of Russia, messages from the Constitutional Court, and speeches by heads of foreign states. To exercise control over the execution of the federal budget, the Federation Council and the State Duma form the Accounts Chamber (part 5 of article 101). In accordance with Art. 102, 103 of the Constitution, the chambers appoint and dismiss the heads of the Accounting Chamber (Chairman and his deputy), as well as half of its auditors. In accordance with their own competence, the Federation Council and the State Duma participate in the procedure for removing the President of Russia from office (Articles 93, 102, 103).

Article 105 of the Constitution establishes the right of the Federation Council to consider federal laws adopted by the State Duma. The exercise of this right is guaranteed at the constitutional level by imposing on the State Duma the obligation to send the adopted federal laws for consideration to the Federation Council within five days. 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.

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.

In the organizational and control sphere, the interaction of the chambers takes place during parliamentary hearings, when deputies of one chamber may attend a meeting of another. In Art. 32 of the Regulations of the Federation Council states that the committee or commission of the upper house that organizes the hearings has the right to invite deputies of the State Duma. In turn, members of the Federation Council may attend any open meeting of the lower house (clause 1, article 36 of the Rules of the State Duma).

In cases where the Constitutional Court of the Russian Federation resolves conflicts in the field of law governing the activities of the Federal Assembly and its chambers, one cannot exclude the indirect influence of its decisions on the parliamentary procedure for relations between the Federation Council and the State Duma.

Business relations between the two chambers - the Federation Council and the State Duma - are the most important condition for the progressive development of Russian parliamentarism. So S. Mironov stated on this subject that the Constitution of the Russian Federation did not leave a real legal basis for a dispute about which chamber is “leader”. It "doomed" the Federation Council and the State Duma to permanent and equal cooperation. Indeed, the Constitution clearly defined the status of both houses of parliament as constituent parts of a single representative and legislative institution - the Federal Assembly. The procedure for their interaction in the legislative process, the own competence of the Federation Council and the State Duma, has been established, which leaves no chance for a review of the role of both chambers of parliament.

In fact, another issue needs to be resolved, connected with strengthening the unity of the Federal Assembly. A significant resource of Russian parliamentarism is associated with the search for tools capable of ensuring such unity.

2.2 Interaction of the Federation Council with the President and the Government

The Federal Constitutional Law "On the Government of the Russian Federation" contains a special Chapter VI devoted to the relationship between the Government of the Russian Federation and the Federal Assembly. It regulates the participation of the Government in legislative activities, relations between the Government and committees and commissions of the chambers of the Federal Assembly, and a number of other issues. The Government of the Russian Federation shall have the right of legislative initiative in the Federal Assembly. Members of the Government of the Russian Federation have the right to attend and speak at meetings of the chambers of the Federal Assembly, their committees and commissions in accordance with the regulations of the chambers. Members of the Government of the Russian Federation, at the invitation of the chambers of the Federal Assembly of the Russian Federation, speak at their meetings with information on issues of an emergency nature.

An invitation from the chamber of the Federal Assembly indicating the issues of interest to members of the Federation Council and deputies of the State Duma shall be sent to a member of the Government of the Russian Federation at least five days before the meeting of the chamber.

If it is impossible to attend a meeting of the chamber of the Federal Assembly, the relevant member of the Government of the Russian Federation shall notify the chamber of the Federal Assembly of this in advance, indicating the reason for the absence and indicating the official who can arrive at the meeting and answer the questions posed.

The nature of the relationship with the President of the Russian Federation. Problems arise in the line of relations between the President and the Federal Assembly due to its bicameral structure. The president has to deal not only with the parliament as a whole, but with its two independent formations - the Federation Council and the State Duma, the line of conduct in relation to which may not coincide. A political and legal situation is emerging, in which the differences in the ways of forming the chambers, the nature of their relationship with each other, and the mechanisms for resolving disagreements between them play an important role.

Main directions public policy determined by the President in various forms. Thus, the annual messages of the President to the Parliament, containing both an assessment of the state of affairs and the tasks of the state for the future, have already become traditional. The messages have a complex legal nature. On the one hand, we can conclude that the general guidelines and specific instructions contained in the messages are mandatory. On the other hand, the messages are not normative acts, they cannot contradict the laws adopted by the Federal Assembly, and in any way limit its law-making activities. They reveal the view of the President on the legislative activity of the Parliament. Legislative initiatives formulated in them are considered a priority in the program of legislative work. According to established practice and in accordance with Art. 100 of the Constitution, the messages of the President are heard at a joint meeting of the chambers of the Federal Assembly. The procedure for joint sessions of the chambers of the Federal Assembly is not specifically regulated. Listening to the messages is not accompanied by their discussion and the adoption of any decisions. Subsequently, at separate sessions of the chambers, such discussions are possible. So, according to paragraph “a” part 1 of Art. 65 of the Regulations of the Federation Council, the issue of discussing messages and addresses of the President is included in the agenda of a meeting of the Federation Council in the first place and without discussion and voting. In Art. 51 of the Regulations of the State Duma, it is also established that the messages and appeals of the President are considered on an extraordinary basis.

Thus, the President of the Russian Federation, as the head of state, performs an integration function, setting common tasks for the legislative and executive authorities to strengthen the Russian statehood and reform the economy, ensure democratic principles in society.

Conclusion

Of all the institutions of state power, the establishment and improvement of which was occupied by Russian society during the many years of the Russian Constitution of 1993, the Federation Council had the most difficult fate. 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 within 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 provides 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 participant in 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 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., 2012

2) On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation: Federal Law of December 3, 2012 N 229-FZ (as amended on July 2, 2013)

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 July 23, 2013)

Special literature:

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

2) Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. - 3rd ed., rev. and additional M., 2008. 816 p.

3) 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.

4) 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.

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

6) 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.

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

8) Mironov S. The Constitution of Russia and the tasks of the Federation Council // Russian Federation today. - 2002. - No. 2. - S. 4-6

9) Sadovnikova G.D. Parliamentary Procedures: Role and Importance in Ensuring the Representative Function of Parliament // Constitutional and Municipal Law. - 2006 . - No. 12. - S. 5.

10) 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.

11) Shakhrai S.M. Constitutional law of the Russian Federation: Tutorial. - M.: Norma, 2003. - 441s.

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Legal status and powers of the Federation Council of the Russian Federation. Federation Council of the Russian Federation: status, formation and organizational structure, work procedure. Constitutional and legal status of the Federal Assembly of the Russian Federation

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