As the upper chamber, it also has responsibilities in confirming and removing the procurator general and confirming justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, upon the recommendation of the president. The Federation Council also is entrusted with the final decision if the State Duma recommends removing the president from office. The constitution also directs that the Federation Council examine bills passed by the lower chamber dealing with budgetary, tax, and other fiscal measures, as well as issues dealing with war and peace and with treaty ratification.
In the consideration and disposition of most legislative matters, however, the Federation Council has less power than the State Duma. All bills, even those proposed by the Federation Council, must first be considered by the State Duma.
If the Federation Council rejects a bill passed by the State Duma, the two chambers may form a conciliation commission to work out a compromise version of the legislation. The State Duma then votes on the compromise bill. If the State Duma objects to the proposals of the upper chamber in the conciliation process, it may vote by a two-thirds majority to send its version to the president for signature.
Because the Federation Council initially included many regional administrators appointed by Yeltsin, that body often supported the president and objected to bills approved by the State Duma, which had more anti-Yeltsin deputies. The power of the upper chamber to consider bills passed by the lower chamber resulted in its disapproval of about one-half of such bills, necessitating concessions by the State Duma or votes to override upper-chamber objections.
The President also serves as commander-in-chief of the military forces. The President is elected for six years by direct election. The same person must not be elected the President of the Russian Federation for more than two terms. Structure The Government exercises executive power. It consists of the Prime Minister, the deputy prime ministers and the federal ministers, appointed by the President.
The Government's duties are divided among ministries, federal services and governmental agencies. There are deputies in the State Duma and members in the Council of the Federation.
Deputies of the State Duma are elected nationwide every five years. Members of the Council of the Federation include:. Two representatives from each Russian region appointed by regional authorities. Up to 30 representatives of the Russian Federation, appointed by the President. The ex-President whose term of office ended or who was dismissed. At present there are 26 special-purpose committees working on particular bills in the State Duma, and ten such committees working on particular bills in the Council of the Federation.
Does the constitution provide for a separation of powers? The Constitution provides for a separation of powers that is fundamental and strictly upheld.
Public authorities are distributed among the Parliament legislative branch , the President with the Government executive branch and the courts judicial branch. The President also has the power of legislative veto.
The State Duma can remove the Government by a vote of no confidence. The Parliament, via a qualified majority vote, can impeach the President. The Constitutional Court can invalidate a law or a legal act that does not comply with the Constitution. The independence of the juridical system is ensured by certain guarantees for judges including irrevocability, immunity from legal process and others.
What is the general legislative process? Proposal and drafting The power to initiate legislative process belongs to the President, the Council of the Federation and its members, the deputies of the State Duma, the Government and the legislative bodies of the regions. The Constitutional Court and the Supreme Court can also propose a bill, but only on issues within their authority.
Bills are submitted to the State Duma, which establishes committees to amend bills and holds regular meetings to review these bills for adoption called "readings". Scrutiny Federal laws are passed by a majority of votes of the total number of the deputies of the State Duma.
The general rule is that three readings are required to pass a bill. The federal laws adopted by the State Duma are submitted for consideration by the Council of the Federation.
A federal law is deemed to be approved by the Council of the Federation if over half of its members have voted for it or if the Council of the Federation does not review it within 14 days. The Council of the Federation must consider federal laws on:. The federal budget. The ratification and denunciation of international treaties. The status and protection of state boundaries. Financial, currency, credit and customs regulation.
If the Council of the Federation rejects a law, both chambers of the Parliament can set up a conciliatory commission to overcome the contradictions that have arisen, after which the federal law is re-considered by the State Duma. If there is a disagreement with the decision of the Council of the Federation, the State Duma can still adopt the federal law with a two-thirds' majority vote of the total number of deputies.
Enactment Adopted federal law is submitted to the President for execution. The President must sign the federal law and make it public within 14 days, or reject it and return it to the Parliament for re-consideration by exercising the power of legislative veto.
The legislative veto can be overruled by a two-thirds' majority of the deputies of the State Duma and the members of the Council of the Federation. In this case, the President must sign the adopted federal law within seven days and make it public. Under general rules, federal laws come into force once ten days have passed since their official publication, unless the law itself provides otherwise.
Is there a procedure by which the judiciary can review legislative and executive actions? The judiciary can review legislative and executive actions dealing with cases involving administrative or other public legal relationships. The federal courts courts of general jurisdiction and commercial courts , including the Supreme Court, can examine and invalidate legal acts, decisions and actions of state bodies on the petition of an individual or an organisation. The court will deem a legal act or action unlawful if it does not comply with the law and infringes the rights or lawful interests of the applicant.
The Constitutional Court considers the compliance of federal constitutional laws, federal laws and other legal acts with the Constitution at the request of:. The President. One-fifth of the members of the Council of the Federation or of the deputies of the State Duma.
In addition, the Constitutional Court can determine whether a law has been applied in compliance with the Constitution, where individuals or organisations lodge complaints that their constitutional rights or individual freedoms have been breached. The Constitutional Court invalidates laws and legal acts that it considers incompatible with the Constitution.
Are certain emergency powers reserved for the executive? The special powers are reserved to the President for military and emergency situations only. The President is the only official entitled to impose a state of emergency and suspend any legal acts that contradict the decree of the President.
The Council of the Federation must consider the decree and approve or reject it within 72 hours of its official publication. If the decree is rejected, its legal force expires 72 hours after its official publication.
The maximum length of a state of emergency is 30 days 60 days in local areas , which can be renewed by the President. The President can:. Suspend the powers of local authorities and the activities of any political parties. Impose other restrictions to ensure the safety of citizens and constitutional order. The law limits the emergency powers of the President, as there are very few grounds on which a state of emergency can be established.
Are human rights constitutionally protected? Chapter 2 of the Constitution, entitled "Rights and freedoms of a man and a citizen", is dedicated to the recognition and protection of human rights. All political, economic, social and cultural rights stipulated by the Universal Declaration of Human Rights are protected by the Constitution, including:.
The right to life. Freedom of thought, conscience and religion. Chapter 2 of the Constitution cannot be altered on its own. The only way to amend provisions of this chapter is to convene the Constitutional Assembly, which can prepare a draft of a new constitution or confirm the force of the existing Constitution.
A new constitution can be adopted by a two-thirds' majority of the total number of members of the Constitutional Assembly or by national referendum. By what means can the constitution be amended? The provisions of Chapters 1, 2 and 9 of the Constitution stipulate fundamental principles of the constitutional system, human rights and the procedure for amending the Constitution.
They can only be revised by the adoption of a new constitution by the Constitutional Assembly see Question 7. Chapters 3 to 8 of the Constitution can be amended by a law passed by not less than a two-thirds' majority of the total number of deputies of the State Duma, and approved by not less than a three-quarters' majority of the total number of members of the Council of the Federation.
Once the law is passed, it must be signed by the President within 14 days and made public. In addition, to enter into force, such laws must be approved by legislative bodies representing not less than two-thirds of the regions of the Russian Federation.
Legal system Form. What form does your legal system take? The Russian Federation has a civil law system. Russian law includes both codified laws for example, the Civil Code and the Criminal Code and other laws which, as a general rule, must be consistent with the relevant codes. Legislation has supreme juridical force compared with bylaws and other sources of law. However, the Constitutional Court can invalidate laws that are unconstitutional.
International law is recognised as part of the Russian legal system see Question Case law can be recognised as a de facto source of law.
This means that judgments by the Constitutional Court that contain interpretations of the law bind all courts, state agencies, legal entities and individuals. Supreme Court judgments are also binding on the lower courts to ensure uniformity of legal practice see Question Main sources of law. What are the main domestic sources of law? The main sources of law in Russia are in descending hierarchical order :.
The Constitution. To what extent do international sources of law apply? International conventions and treaties, as well as universally-recognised norms of international law, are deemed to be an integral part of the Russian legal system. The provisions of an international treaty are applied where an international agreement stipulates other rules than those provided by the domestic law. The government of the Russian Federation can send official reviews of federal laws considered by chambers and bills to chambers of Federal Meeting.
Official responses of the Government of the Russian Federation are subject to obligatory announcement or distribution by consideration of federal laws and bills at meetings of the Federation Council or the State Duma. The conclusions of the Government of the Russian Federation to bills and official responses of the Government of the Russian Federation about considered by chambers of Federal Meeting federal laws and bills are signed for bills, amendments by the Prime minister of the Russian Federation or or his deputy and go to chambers of Federal Meeting.
Members of the Government of the Russian Federation have the right to be present and speak at meetings of chambers of Federal Meeting, their committees and the commissions according to regulations of chambers.
For representation in chambers of Federal Meeting brought the official representative official representatives the Governments of the Russian Federation is appointed by the Government of the Russian Federation of the bill.
For protection of positions of the Government of the Russian Federation according to the conclusions, amendments and official responses by an order of the Prime minister of the Russian Federation or one of his deputies the special representative which powers are defined in an assignment can be directed.
Representatives of the Government of the Russian Federation are present at meetings of chambers of Federal Meeting by consideration of federal laws and bills where to them it is given the floor according to regulations of chambers. The government of the Russian Federation delivers to the State Duma the federal budget and the report on its execution.
The report on performance of the federal budget for last fiscal year is represented to the State Duma the Government of the Russian Federation at the same time with the draught of the federal budget the next fiscal year. According to Regulations of the Constitutional court of the Russian Federation the offer on performance with a legislative initiative on a question relating to maintaining the Constitutional Court , can be brought by any judge of the Constitutional Court.
Thus the judge can present the bill text, or the amendment text to the bill, or the text of the legislative offer on development and adoption of the new federal law. The decision on performance with a legislative initiative is accepted by the Constitutional Court in plenary session according to the report of the judge who has made the relevant proposal.
For work on the bill or the legislative offer the Constitutional Court can form the preparatory commission of number of judges. For drawing up of the text of the bill or the legislative offer and preparation of necessary materials the working group under the chairmanship of the judge of the Constitutional Court can be formed. The constitutional Court charges to the Chairman of the Constitutional Court or one of judges to take part in meetings of chambers of Federal Meeting in connection with passing of the bill made by the Constitutional Court or the legislative offer.
The right of a legislative initiative is carried out in the form of entering into the State Duma: draughts of federal constitutional laws and federal laws; bills of modification of laws in force of the Russian Federation and laws of RSFSR, federal constitutional laws and federal laws, or on recognition of these laws become invalid, or about non-use in the territory of the Russian Federation of acts of the legislation of USSR; amendments to bills. When entering the bill into the State Duma a legal entity of a legislative initiative should be presented:.
According to Regulations of the State Duma the prepared bill and materials to it go a legal entity of a legislative initiative addressed to the Chairman of the State Duma.
The arrived bill is registered in Management of documentary providing and State Duma administration archive. Registration number which is specified together with the bill name during the whole period of passing of the bill in the State Duma is assigned to it.
0コメント