Council of Federation of the Federal Assembly of the Russian Federation: the procedure for the formation, composition, powers
In almost all countries where there is a parliament, itdivided into two wards. This configuration is a convenient way to create a system of checks and balances. If one chamber is inclined to radicalism, the other should block its decisions or change bills, making them more acceptable and effective. Such a device originated in the West and was adopted in modern Russia. The Council of Federation of the Federal Assembly of the Russian Federation is the upper house of parliament (the lower house is the State Duma).
Place in Parliament
The upper chamber appeared in the Russian parliamentin 1990. However, that prototype of the Federation Council had little in common with it and was a product of Soviet statehood. Everything changed in 1993, when a new constitution began to operate in the country. According to it, the Federation Council of the Federal Assembly of the Russian Federation was established. The structure of the parliament is enshrined in Article 95 of the Basic Law of the Russian Federation.
There is between the two chambers of the Federal Assemblyfundamental differences in their order of formation and competence. The council was endowed with significant powers, which enshrined the status of the fundamental basis of the state. Recently, this body is increasingly called the senate, and its members - senators. This trend can be traced both in unofficial journalism, and in the speeches of official government officials and the most important officials of the country.
The broad powers of the Federation Council of the Russian Federation are fully described in the Russian Constitution. The upper chamber may reject or approve any law previously adopted by the State Duma.
Similar documents are divided into several types. First of all, these are federal laws. The powers of the Federation Council of the Russian Federation are such that they are rejected by a usual mathematical majority or passive non-examination within 14 days. At the same time, the status of certain laws may a priori make them mandatory for access to senators. In this case, the mechanism with ignoring the document is not applied.
Mandatory for consideration in the Federation Councillaws affecting the federal budget, federal fees and taxes, financial, credit, currency and customs regulation. This group also includes issues of war and peace, protection and status of the state border, denunciation and ratification of international treaties and, finally, monetary emission.
If the Council of Federation of the Federal AssemblyThe Russian Federation approves the law, the paper gets to be signed by the president. 112 votes (two-thirds of the senators) overcome the veto of the head of state, and 126 votes (three-fourths of senators) approve laws on constitutional amendments and federal constitutional laws.
Two-thirds of the votes of the Council of Federation can bepresident from his post. The senators appoint judges of the Supreme Court, the Constitutional Court, the Supreme Arbitration Court and members in the Presidium of the Supreme Court. Among other things, the Federation Council of the Federal Assembly of the Russian Federation decides who will assume the post of Prosecutor General and his deputies. The upper chamber of parliament appoints two representatives to the National Banking Council. It determines the auditors of the Accounts Chamber and its deputy chairman.
The bodies of the Federation Council of the Russian Federation appoint a third of the membersCEC - the Central Election Commission, which regulates the process of elections in the country. They also determine who will be one of the participants in the Collegium of the Federal Commission monitoring the securities market. Representatives of the Senate are members of the Council for Public Service under the Russian president.
There are powers and not related to appointments,which the Federation Council has. The Constitution says that it is he who approves the new borders between the subjects of the Russian Federation, as well as the presidential decree on the introduction of an emergency or martial law in the country. The upper chamber determines the date of election of the head of state.
Sovfed (Chairman of the Federation Council of the Russian Federation andsenators) has the right to conduct work in the mode of their own meetings. They take place 1-2 times a month in the period from October to July. Meetings may be extraordinary if the proposal comes from the president, the prime minister, the government, one-fifth of the members of the Federation Council or the Russian region. A quorum requires the presence of half of the members of the upper house of parliament. If 50% is not collected, then the meeting is recognized as incompetent. As a rule, the Federation Council operates in an open mode, but if this provides for a schedule, the regime can be closed.
Priority in work
The tasks of the Senate have a certain priority. First of all, the message of the President to the Federal Assembly and his appeal is considered. Next are amendments to the Constitution, drafts of constitutional and federal laws. Some of them may have the status of subject to mandatory review. Third in this order are the directions of requests and proposals to the Constitutional Court. The latter consider the federal laws adopted by the State Duma, dealing with issues of denunciation and ratification of international treaties.
Meetings of the Council of Federation are held according toregulations. The senators have the opportunity to make a co-report, a report, a final word. They also have the right to participate in the debate, make statements and appeals.
The order of formation
As the law on the Federation Council says,there are two representatives from the subject of the Russian Federation. One represents the local parliament, the other - the executive branch. The term of office of the senator is two years. The composition of the Federation Council is gradually changing along with the change of power in the subjects.
According to the regulations, members of the upper chamberof the parliament are inviolable. They can not be brought to criminal and administrative responsibility for expressing their position and opinions during the voting. The Federation Council is structured and formed on the principle of non-partisanship. Its members do not create associations or factions, as is customary in the State Duma.
The term of office of the Federation Council as a whole is in no wayis limited. Unlike the State Duma, the composition of this body is subjected to "soft rotation". This means that the term of office of each of its members is determined by the regional government. The Constitution provides for only three possibilities under which the State Duma and the Federation Council of Russia come together. This is a hearing of the messages of the Constitutional Court, the messages of the President and speeches of foreign heads of state. In general, each chamber adheres to the principle of non-interference in the affairs of another.
There are 170 members in the Federation Council. They are divided into committees (on defense and security matters, on judicial and legal issues and constitutional legislation, on tax policy, on the budget, on financial regulation, etc.). One of the units is responsible for social policy. Other regulates property relations and economic reforms. Finally, there are committees on CIS affairs and international affairs. Some of the senators are involved in the departments for culture, science, education and agrarian policy.
Each committee prepares conclusions onissues that are relevant to its conduct. He also develops and examines draft laws proposed for submission to the State Duma. Committees can initiate parliamentary hearings. Such units include all members of the Federation Council except the chairman and several of his deputies. Each senator can only enter one committee, which must include at least 10 people. The distribution by "sectors" should be approved by a general vote (a majority of votes are needed).
The Federation Council is headed by the chairman. Valentina Matvienko has been holding this post since 2011 to this day. The chairman has many organizational and representative powers. He conducts meetings determines the internal routine of the Chamber, signs its resolutions, distributes functions between his deputies.
The chairman sends bills to the committees,adopted by the State Duma, as well as bills that are proposed to be submitted to the State Duma. It is elected by secret ballot. The candidature is approved in half and one voice.
The course of work and the relationship with the president
The State Duma, the Government of the Russian Federation, the CouncilFederations and other federal state bodies should work in unison, therefore in the Federation there is always a certain agenda. It is formed by the chairman and is based on proposals of committees and commissions of the upper house. Independently a question on the agenda can be put forward by a group of senators from at least 10 people, as well as two senators representing one subject of the Russian Federation. The special representative of the president in the Federation Council can make his edits in the schedule.
The head of state interacts with the topthe Chamber of Parliament and other means. Traditionally, the annual message of the president to the Federal Assembly remains important. In it, the first person formulates the main problems and tasks that faced the state and which must be addressed first. For example, it may be a challenge associated with the need to reform taxation or the banking system. In this case, both the State Duma and the Federation Council should consider the proposed initiatives of the president.
History of formations
The First Council of the Federation worked in 1994-1996. It was transitional and therefore, as an exception, was elected directly by the population, and not by the authorities of the subjects of the Russian Federation. His representative was Vladimir Shumeiko.
The Second Council of the Federation was also remembered as"Governor-speaker". It was held in 1996-2001. Its chairman was Yegor Stroyev. A distinctive feature of that Federation Council - it consisted of governors and chairmen of local legislative assemblies. The senators worked not on an irregular basis, from time to time meeting in Moscow.
The third period of the formation of the Federation Councilfell on 2002-2012. It was then that he finally got rid of his transitional features and took a stable form. Chairman of the Council was Sergei Mironov, and from 2011 - Valentina Matvienko. The fourth upper house of parliament was formed in late 2012. It still works today. Reformatting was associated with the adoption of a new federal law on the Federation Council.