Problems of the Federal Assembly of the Russian Federation. Problems of Implementation of the Federal Law “On the Formation of the Federation Council of the Federal Assembly of the Russian Federation” Series: Actual Problems of State Building. Recommended list of dissertations
Of all the institutions of state power, the establishment and improvement of which was occupied by Russian society during the ten years of the 1993 Constitution of the Russian Federation, the Federation Council had the most difficult fate.
World practice knows the most different ways formation of the upper house of parliament, functioning both in federal and unitary states. To answer the question which is more suitable for Russia, one should decide which goal is a priority for the modern Russian state and society.
As you know, when forming the upper chamber of a federal state, the overall goal is to ensure a combination of the principles of popular representation and federalism. However, the nature of the implementation of this goal may be different. If it is embodied through the harmonization of the interests of the people of the entire Federation and the peoples of its individual constituent parts, then it is logical to introduce direct elections of both chambers, as is the case, for example, in the United States, Switzerland, Brazil and a number of other countries. With this option, the principle of popular representation dominates the federal idea, and the main tasks of federal building are implemented not through the upper house, but through other mechanisms Kotelevskaya I.V. Modern Parliament // State and Law, 2011, No. 3. - P.18 ..
An entirely different role is played by the upper chamber if the state, through its establishment, follows the path of harmonizing the federal system of power and administration through state bodies. In this case, a formation model is formed similar to the one created in Germany and Austria. Russia followed the same path, defining in the Constitution of the Russian Federation in the most general form the principle of forming the Federation Council on the basis of representation from the legislative and executive bodies of state power.
But, defining only the principle, the Constitution actually left the decision of the issue of choosing specific model chamber formation. Therefore, members of the Federation Council of the first convocation, as is known, were elected using the majoritarian system in two-member constituencies.
The Federation Council of the second convocation had a different formation procedure. The law of December 5, 1995 established that the representatives of the subjects of the Federation in the Federation Council are ex officio the head of the legislative and the head of the executive bodies of state power. The law was adopted in an atmosphere of heated debate. During the discussion of the project in the State Duma and the Federation Council, serious disagreements emerged. A certain part of the parliamentarians then proposed fixing direct elections by the population of representatives from the legislative and executive authorities of the constituent entities of the Federation. However largest number legislators considered that behind the introduction of such an order lies a desire to strengthen centrist tendencies in state building. As a result, the draft federal law, which was mentioned above, won. His supporters were convinced that it was he who met the federalist foundations of building a new Russia.
Based on the new scheme of formation, the Federation Council has become, in essence, a body that does not operate on a permanent basis. The heads of the constituent entities of the Federation were only able to gather for meetings of the chamber for a certain period. However, turnout was not always high. Some researchers saw this as a contradiction with the Constitution of the Russian Federation and the principle of parliamentarism. They noted that according to the Russian Constitution (Part 1 of Article 99), the Federal Assembly of the Russian Federation, which includes, respectively, the Federation Council, is a permanent parliament. parliament federal assembly legislative
In addition, in their opinion, the federal law of December 5, 1995 ignored the fact that the Federation Council of the first convocation consisted of elected deputies and it would be logical to extend the same procedure to subsequent convocations Kotelevskaya I.V. Modern Parliament // State and Law, 2011, No. 3. - P.19 ..
Gradually, these arguments began to dominate in the socio-political environment and scientific literature, which, in turn, predetermined the adoption of a new law of August 5, 2000 on the procedure for forming the Federation Council, initiated directly by the President of the Russian Federation.
In accordance with it, a member of the Federation Council - a representative from the legislative body of a subject of the Federation is elected by this body, and a representative from the executive body of a subject of the Federation is appointed by the highest official (head of the executive body) of the subject of the Federation for the term of their powers. At the same time, the decision of the latter is approved by the legislative body of the subject of the Federation.
The new law, changing the procedure for the formation of the Federation Council, retained the principle itself, which follows from the meaning of the provisions of the Constitution of the Russian Federation: members of the Federation Council act as representatives of the legislative and executive bodies of the constituent entities of the Federation, being elected or appointed by these bodies. But now they work in the Federation Council on a permanent basis, and the chamber itself, thus, gets the opportunity to function permanently.
While agreeing with the certain advantage of a permanent procedure for the work of the Federation Council, it should be noted at the same time that the principle of constancy is by no means the only condition for the quality of the work of the upper chamber.
One of the serious indicators of the effectiveness of the work of the Federation Council is the achievement of a balance between the parliamentary functions of the legislator at the national level and the ability to protect the interests of the subjects of the Federation. There are a number of problems here.
One of them is the lack of guarantees of stability in the activities of members of the Federation Council. Due to the fact that the federal law of August 5, 2000 does not clearly provide for the grounds for terminating the powers of members of this chamber, the lack of regulation on this issue creates the possibility of recalling a member of the Federation Council without any justification at any time. Only in the acts of some legislative bodies of the constituent entities of the Federation can one find a recall procedure.
At the level of executive power, the recall of a member of the Federation Council takes place today, as a rule, individually, by will. From here at general principle work on a permanent basis, there is instability in the membership of the Federation Council Konyukhova I. Present and future of the Federal Assembly // Russian Federation today. 2011. No. 7. - P.32..
Another problem is related to the absence of a direct indication in the federal law that a member of the Federation Council from a subject of the Federation must live in the region he represents. The freedom to choose a representative has led to the fact that the regional interests of lawmaking have been replaced by other, often more private interests.
Now, as is known, three groups of members are represented in the Federation Council: the first - those who really come from the subjects of the Federation; the second - representatives of large and medium-sized businesses and the third - former high-ranking officials of the federal state elite. Such a heterogeneous composition of the Federation Council of the current convocation leads to the state of the legislative work of this chamber, for which the combination with other, and, above all, lobbying, activities in the broadest sense of the word, carried out not only in parliament, but also in the government, is inevitable. also in other federal authorities Porokhov M. Federative principles of the legislative process in the Federal Assembly Russian Federation// Russian justice, 2010. No. 4. - P.46 ..
Another serious problem is the possibility of qualified legislative work from the point of view of real knowledge of the needs and requirements of the subjects of the Federation. An attempt to find a compromise between the federal character state structure and the parliamentary nature of the Council of the Federation in the law of 08/05/2000 turned out to be less successful than expected.
Even those current members of the Federation Council, who seem to represent the region (in particular, among them there are many former heads of state authorities of the constituent entities of the Federation), without engaging in specific legislative and executive activities on the ground, are more and more detached from the practice and needs of the region. In fact, they are engaged in lobbying only certain interests of their territories and gradually, to a lesser extent, feel like statesmen from the subjects of the Federation Ibid. - P.47..
which binds together various groupings of elites is extremely weak and, moreover, there is a struggle between them for sole domination and ousting the enemy from the upper echelons in general. This struggle, in which there is nothing sacred, subjugates the public functions and goals of state power, provides political orientation for the groups that are part of the ruling elite. Their transformation, unexpected alliances, "treason" and betrayal, splits and splits, "dressing up" the "left" in the "right", liberals, etc. - all this indicates that most of the current leaders are in search of their own political and ideological "I". One of the most important reasons for the weakness of the political elite is the lack of broad socio-political support for most of its constituent groups. Therefore, they and the elite as a whole are almost deprived of the opportunity to use broad and organized support "from below", as was the case at least in August 1991.
The weakness of the political elite is also particularly evident in the spiritual realm. And if it is possible to identify the "current" political orientations of the groupings included in this elite, then ideological orientations are actually absent - this is also moral values, and socio-political doctrines, and a clear long-term program of reforms.
Attempts to mechanically transfer Western European ideology onto domestic soil: liberalism, social reformism, etc., end in failure. On this basis, their values are quickly reinterpreted in a peculiarly pragmatic way: individualism turns into unbridled egoism, freedom - into self-will and irresponsibility, competition - into the absolute right of the strong, etc. Attempts to create ideological platforms that correspond to the uniqueness of the time run up against the slogan of "de-ideologization", under which the current leaders stormed communist strongholds in their time. Thus, the current Russian political elite today demonstrates an insufficient ability to create an integral system of new ideas that can unite and inspire society.
giraud neck n d.s.
Postgraduate Student, Department of Political Processes, TIPP
OF THE COUNCIL OF THE FEDERATION OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION: PROBLEMS OF FUNCTIONING AND LEGITIMACY
To date, almost 15 years have passed since the adoption of a new constitution - the Constitution of the Russian Federation. In this rather progressive, in comparison with the previously adopted, basic law, the fifth chapter is completely devoted to the highest legislative body of the country. This chapter at the official level declares the presence in the state of the Federal Assembly - the parliament of the Russian Federation, which is a representative and legislative body of power. Whatever, but it certainly is a legislative body, but is it representative? With the State Duma, in principle, everything is clear - in the near future, 450 deputies will be elected according to the proportional system in the conditions of constant confrontation of political parties for the electorate. In this matter, there will be no special problems provided that the voter turnout is high. As for the Federation Council, the upper house of parliament, everything is much more complicated here. Fifteen years of experience
This institution of the legislative power makes it possible to identify some of its problems that the authorities need to pay attention to in order to change the situation as soon as possible.
At the present stage, the Federation Council is formed on the principle of parity representation of the constituent entities of the Russian Federation, each of which is represented in the chamber by two members, one from the legislative and executive bodies of state power. Based on the fact that the Russian Federation has 88 subjects (after the appearance of the Perm Territory), the Federation Council should have 176 members. This is the total number of its members, which serves as the basis for determining the shares required for the adoption of decisions by the Federation Council or group initiatives of its members. This composition of the chamber is fixed in the 95th article of the Constitution of the Russian Federation. But, what is very important, in the next article, the procedure for the formation of the Federation Council is carried out on the basis of adopted federal laws. This provision provides a great opportunity for parliamentarians to show their imagination. And it doesn't take a genius to come to the conclusion that all the imagination of the people's deputies will be aimed at providing the ruling party with the greatest number of political dividends. That is, the task is being solved - how to ensure the majority in the upper house in the simplest way and for the longest possible time.
Since 2000, the Federation Council has been formed in the following way. A representative from the legislative (representative) body of state power of a subject of the Russian Federation is elected by the legislative (representative) body of state power of a subject of the Russian Federation. A representative from the executive body of state power of a constituent entity of the Russian Federation is appointed by the highest official of the constituent entity of the Russian Federation for the term of his powers.
The decision of the legislative (representative) body of state power of a subject of the Russian Federation on the election of a representative in the Federation Council from the legislative (representative) body of state power of a subject of the Russian Federation is taken by secret ballot and ■ formalized by a resolution of the said body.
The decision of the highest official of the constituent entity of the Russian Federation on the appointment of a representative in the Federation Council from the executive body of state power of the constituent entity of the Russian Federation is formalized by a decree (decree) of the highest official of the constituent entity of the Russian Federation. The decree is sent to the legislative body of state power of the constituent entity of the Russian Federation; it enters into force if, at a regular or extraordinary meeting of the legislative body of state power of a subject of the Russian Federation, 2/3 of the total number of its deputies do not vote against the appointment of this representative in the Federation Council.
This way of forming the upper house of parliament is not perfect. Since the population of the country does not directly vote for a person who will represent the interests of the entire state as a whole and his region in particular. A representative from the legislative body of a subject of the Russian Federation is usually a deputy of this body. Consequently, he is elected, if he goes to a single-mandate constituency, from a certain constituency, of which there are 20 or more in the regions. This means that the electorate of other regions has never heard of this person at all. If a regional deputy is elected on party lists, then the situation with legitimacy improves, but here it should be noted that in Russia one party does not gain more than 50% of the votes, and even with a turnout of no more than 50%.
As for the representative of the executive authority of a constituent entity of the Russian Federation, now the regions are represented by authoritative people with big names, former governors, members of the government, representatives of big business, former military men in high rank. They work on a permanent basis and are designed to help solve the problems of the constituent entities of the Russian Federation and the highest echelons of power. And everything would be fine, but, unfortunately, these representatives do not even have a hint of legitimacy. Because the head of the region appoints him, guided solely by personal sympathies. Someone will say: what about the approval of the representative body of the subject of the federation. In fact, as mentioned earlier, more than 1/3 of the total number of deputies should vote for the proposed candidate. And with such a strengthening of the executive power and the ever-growing tendency to merge it with the legislative power, the head of the subject of the federation has absolute support in the regional parliament. This in turn means that he actually appoints two representatives.
But the most the main problem in order for the upper chamber to be, first of all, effective, and how it is formed will no longer matter. However, senators can only conditionally be called representatives of the regions, more than 50% of them live in Moscow, and 70% have nothing to do with the regions they represent. Many lobby for the interests of large companies, officials, not zealous in legislative activities. At the same time, taxpayers are additionally subject to the maintenance of 176 top (at the level of federal ministers) officials with their apparatus, offices, transport services and housing in elite houses in Moscow.
It should be noted that this method of forming the Federation Council was not always the case. Since 1993, it has been formed on the basis of direct elections by the population of the regions. Since December 1995, a different procedure has been in effect: the first heads of the legislative and executive authorities of the regions began to be appointed ex officio as representatives in the Federation Council. Naturally, leaders can represent the interests of their population more professionally. However, such an order contradicted the principle of separation of powers and strengthened parochial tendencies. The Federation Council, as a federal body, is called upon to represent the interests of the regions, but not each individually, but all at the same time within the framework of the state regional policy. Therefore, it was cancelled. New order"Formation of the Sonnet of the Federation has been in force since 2000. Thus, within the framework of the Constitution, the representation of the subjects of the Federation as regional communities of citizens has been replaced by the representation of state authorities of the same regions. In this composition, the Federation Council is of no value to Russia. In terms of legitimacy, the most the option with direct elections is acceptable. It maximizes the participation of the population in the formation of the highest legislative bodies, and also fully reflects the will and support of the people. It would be advisable to increase their term of office to 6 years with renewal by 1/3 every two years This will help reduce the electoral burden on the budget.
But in order to carry out such reforms, it is first necessary to make the upper house strong, when without its consent the law cannot be passed. According to the current Constitution, the powers of the Federation Council in the field of lawmaking are very modest. Basically, they come down to legislative initiative and consideration of draft laws adopted by the State Duma. The upper house can veto legislation passed by the lower house. But it can be easily overcome if at least two-thirds of the total number of deputies of the State Duma vote for the law during the second vote. Thus, the unanimous opinion of the deputies is of the greatest importance, and they will be able to hold any
even anti-social law. Why such a state body, which,. Basically it doesn't solve anything. Of course, he has a number of unique powers. But, firstly, he uses 2/3 of them, thank God, extremely rarely. For example, the introduction of martial law and a state of emergency, the use of the armed forces, the removal of the President of the Russian Federation from office. Secondly, the remaining powers can be exercised in a few days or even hours - this is the appointment of judges and some officials. Then why feed such a solid organ all year round, you need to pay salaries on the fact of the work performed. Thirdly, why such important issues are decided by people who are absolutely cut off from the population of the country and who are often alien to the interests of this population. Fourthly, it would be fair if these issues were decided by people really elected by the people, that is, deputies. Therefore, if it is not possible to carry out reforms, then this state institution should simply be abolished. All powers should be transferred to the State Duma, but at the same time, it is necessary to increase the responsibility of both all institutions involved in lawmaking in general, and deputies to their voters in particular, up to and including recall. Because now a situation is emerging when everyone unanimously adopts a utopian law, and when negative consequences inevitably occur, a paradoxical situation develops - no one has adopted this law. Such a picture is an inevitable attribute of the modern electoral process.
As for the fact that, in theory, the upper house is a counterbalance to the lower one, in countries with a strong upper house: in the USA, Italy, this is true. But in Russia it has been turned, in fact, into a legislative body. In turn, such a function can be performed by the State Council, the Public Chamber, and the Presidential Administration. Moreover, the State Council is a body specifically representing the regions, since the heads of all subjects of the federation go to it, they could conduct legislative expertise with the help of regional dumas and present its results to the Council. Such an examination can be carried out by the Presidential Administration, therefore it is the President who finally decides whether the bill will become law.
So, the Federation Council is a political structure that has no analogues in the world, now it is at a crossroads: it will become the foundation of presidential power, a factor of stability, an obstacle to politicized populist bills, or a second-rate decorative structure that ensures the “correct” voting, or disappear altogether.
Kavetskaya V.V.
Art. Lecturer at the Department of State and Municipal Administration
ON TENDER DIFFERENTIATION AND THE RELEVANCE OF THE TENDER APPROACH IN THE STATE AND MUNICIPAL MANAGEMENT.
One of the most famous and influential managers in the world, Tom Peters, in one of his books, speaks of “women as the unfortunately overlooked no-go for effective leaders.” He draws attention to the "incredibly high potential of women" and suggests that everyone turn their organizations "upside down - the faster the better - in order to fully
Russian science has repeatedly discussed problematic issues related to the current procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation (hereinafter referred to as the Federation Council), which are not resolved and in connection with the adopted changes that come into force on January 1, 2011. Improvement of one and the same the same model, without changing its essence, has not yet given the necessary effect - a full-fledged representation of the will and interests of citizens of the relevant subjects of the Federation, not mediated by legislative (representative) and executive bodies state power of the subject of the Russian Federation and / or the will of some party. Such a formulation of the problem focuses on the main bearer of the prescriptions in force in this area of legal relations - the Constitution of the Russian Federation. By definition, P.N. Kirichenko, for attributing a government body to a representative body, it is important constitutionally installed design representative power, which is based on the instructions delegated by the people to the authorities to represent their interests in the system of public-power relations Kirichenko P.N. The representative nature of the Federation Council of the Federal Assembly of the Russian Federation. Dis. ... cand. legal Sciences. - M.2005. - P. 21 .. In this connection, we assume that the way out of this situation could be the consolidation of the new mechanism for the formation of the Federation Council based on universal, equal and direct suffrage by secret ballot, which has been repeatedly proposed by practitioners and scientists, entailing a change in the norms Part 2 Art. 95 and part 2 of Art. 96 of the Constitution of the Russian Federation and the adoption federal law"On elections to the Federation Council of the Federal Assembly of the Russian Federation" Avakyan S.A. Federation Council: evolution and prospects // Federalism. - 2003. - No. 1. - S. 17 ..
The need to adopt conceptual changes in the constitutional model for the formation of the upper house of parliament is due to the following factors.
First, the current problem of ensuring regional interests in the Federation Council. In this regard, attention is drawn to the limiting number of circumstances for the centralization of power in relations between the federal center and the subjects of the Federation, which include:
A radically changed procedure for filling the position of the head of the executive branch of a constituent entity of the Russian Federation, which led to direct dependence on the President of the Russian Federation as the highest officials, and legislative bodies of state power of the constituent entities of the Russian Federation;
An emerging institution of federal intervention;
Increasing the “federal presence” Salikov M.S. Centralism and democracy: problems of finding a balance // Centralism, democracy, decentralization in the modern state: constitutional and legal issues. Materials of the International scientific conference. Moscow, April 7 - 9, 2005 / Ed. S.A. Avakyan. - M .: TK "Velby", 2006. - P. 78. in the field of joint competence, entailing a unilateral development of the competence of federal bodies on issues of joint jurisdiction and, accordingly, leading to the predominance of federal legislation over regional legislation;
- "absolutely weak representation of subjects in the upper house of parliament" Avakyan S.A. Problems of centralism, democracy, decentralization in the modern state: constitutional and legal issues // Centralism, democracy, decentralization in the modern state: constitutional and legal issues. Materials of the International scientific conference. Moscow, April 7 - 9, 2005 / Ed. S.A. Avakyan. - M.: TK "Velby", 2006. - S. 9. and, as a result, the inability to influence decision-making at the federal level;
Assigning to the federal center the solution of key financial issues, in particular taxes;
Activation of the direct participation of federal authorities in regional policy, lack of responsibility of the Federation (including financial) to the constituent entities of the Russian Federation, etc.
Secondly, the nature of the parliament - it is a representative body, and its legal basis should expand the possibilities for the exercise of democracy, regional representation, promote the implementation constitutional law citizens of the Russian Federation to elect and be elected to public authorities, the principle of separation of powers. In this regard, reasonable concern is caused by a significant reform of the electoral legislation - the transition from a majoritarian-proportional (mixed) to a proportional electoral system in the elections of deputies to the State Duma of the Federal Assembly; abolition of the minimum turnout threshold; refusal to use the opportunity to vote against all candidates (against all lists of candidates), etc.
Thirdly, another significant factor is the formation of the only strong political party supported by the state power, “focused more on the relationship with the executive power, and not with society” Shekhovtsov V.A., Shishkina O.E. Centralization of state power and parliamentarism // Centralism, democracy, decentralization in the modern state: constitutional and legal issues. Materials of the International scientific conference. Moscow, April 7 - 9, 2005 / Ed. S.A. Avakyan. - M.: TK "Velby", 2006. - S. 138 ..
It is impossible not to notice that these circumstances narrow the scope of the principles of democracy, popular representation, separation of powers and federalism. The need to introduce a new model for the formation of the upper house of the Russian parliament is due to the fact that it should accumulate the interests of the country's regions and look for ways to effectively combine them with national interests. Therefore, it is the election of the Federation Council that will embody the democratic formation procedure, in which the will of the population of the subject of the Federation will not be mediated by anyone and nothing (regional government bodies, party will).
It should be noted that in discussions about changing the procedure for formation, the question of returning to the practice of electing members of the Federation Council directly by the population of the constituent entities of the Russian Federation was always raised. At the same time, views on the direct elections of the upper house of parliament were divided. Some authors believe that the concept of direct elections is unacceptable for modern Russia, substantiating this with the framework established by Part 2 of Art. 95 of the Constitution of the Russian Federation, and the need for a significant difference in terms of the electoral right of deputies of the State Duma and members of the Federation Council of the Federal Assembly of the Russian Federation. Others see the expediency for Russia of direct elections by the population of the constituent entities of the Russian Federation with the need to amend the text of the current Basic Law of the country, despite certain difficulties Ovsepyan Zh.I. Parliament as the basis of a democratic constitutional system (problems and prospects for development in the Russian Federation) // Comparative constitutional review. - 2007. - No. 2 (59). - S. 12.
The subject of the election of the Federation Council in the science and practice of constitutional law raises a whole range of issues, one of which is the presence of political parties in its composition.
A.N. Medushevsky notes: opponents of the presence of parties in the Federation Council point out that it can significantly disrupt the course of its activities, since voting in the chamber will be influenced not only (or not so much) by regional interests, but by party interests Medushevsky A.N. Federation Council in the Russian system of separation of powers: norm, reality, development prospects // Federation Council: Evolution of status and function / Ed. ed. L.V. Smirnyagin. - M.: Institute of Law and Public Policy, 2003. - P. 426 .. That is, we are talking about the incompatibility of party affiliation and the duties of members of the Federation Council to represent the interests of the constituent entities of the Russian Federation. However, it was precisely the most resolute critics of the chamber, from the point of view of A.N. Medushevsky, they believe that complete non-partisanship turns into a one-party system. positive impact T.F. also sees the party principle in the organization of the upper houses of parliament. Remington. So, in his opinion, party membership does not complicate the work at all, but gives voters Additional information and adds another element of MPs' accountability to the electorate, while leaving MPs (even members of government parties in parliamentary systems of government) free to assert their particular position, since the Government's retention in power does not depend on the disciplined support of its proposals by Senators Remington T.F. . Federation Council after 2000 // Federation Council: Evolution of status and function / Ed. ed. L.V. Smirnyagin. - M.: Institute of Law and Public Policy, 2003. - P. 448. The development of parliamentarism in Russia. Training and metodology complex. Book one. Textbook. - Vladivostok: Dalnevost Publishing House. un-ta, 2005. - S. 127. At the same time, some inconsistency of federal legislation in relation to the party-political system attracts attention. Thus, in the light of the new reforms, only political parties have a central role in the implementation of voting rights citizens, despite the fact that the Constitution of the Russian Federation does not contain any mention of their priority in society. According to a number of scientists, "the principles of political diversity, multi-party, ideological pluralism should not be achieved by providing only political parties with advantages over other public associations and structures of civil society" Karapetyan L.M. Constitution and party-political electoral system in Russia // Constitutional and municipal law. - 2006. - No. 2. - S. 36. . Note that the implementation of the constitutional right of a citizen of the Russian Federation to be elected to public authorities - passive suffrage - begins from the moment a candidate is nominated. In accordance with paragraph 10 of Art. 2 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" Federal Law of June 12, 2002 No. 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" // Assembly legislation of the Russian Federation. - 2002. - No. 24. - Art. 2253. A citizen of the Russian Federation has such a right in relation to his own candidacy (in the order of self-nomination) and an electoral association (political party) in determining a candidate for an elected body. Therefore, it is essential to the organization of elections to the Federation Council to consolidate such a legal regime that would provide an opportunity to nominate candidates to the Federation Council not only for the two possible subjects specified in the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" , but also to other public associations interested in the activities of the upper house of parliament Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2002. - No. 24. - Art. 2253..
When discussing one or another model of elections, a problematic issue arises related to the possible duplication of the chambers of the Federal Assembly of the Russian Federation by the nature of representation. Some researchers adhere to the point of view according to which, with the introduction of the procedure for elections to the Federation Council directly by the population, “the actual equalization of the Federation Council and the State Duma by the nature of representation” will occur. Konyukhova I. Present and future of the Federal Assembly // Russian Federation today. - 2004. - № 7. - P. 45-46., the transformation of the upper chamber into "a kind of duplicate of the lower chamber, which, due to the equal representation of all subjects of the Federation, is obliged to represent the interests of these subjects" Kovalev S.M. Upper chambers of parliaments of federal states. Dis. ... cand. legal Sciences. - M., 2006. - S. 27 .. Others believe that only a superficial perception of the elective model of the Federation Council of the Federal Assembly of the Russian Federation can lead to the initial conclusion about the duplication of the nature of representation. In connection with what key point in this problem is the way to implement the idea, and in particular the choice of the electoral system. So, A.S. Avtonomov believes that the very concept of direct elections has the right to exist, but elections, in his opinion, should be held in such a way that representatives of the constituent entities of the Federation differ significantly from deputies, which is achievable only through the use of complex electoral technologies Bicameralism in European parliaments: taking into account interests and coordination of positions // Materials of the International Seminar, May 22 - 23, 2003 - M. - 2003. -S. 27. At the same time, for example, S.D. Knyazev and K.V. Aranovsky adhere to the point of view according to which “the calculation for the perfection of electoral systems is rooted only in hopes, but not in actual abilities to satisfy the full range of electoral needs” Knyazev S.D., Aranovsky K.V. Political representation and elections: public law nature and correlation // Constitutional and municipal law. - 2007. - No. 16. - S. 34 ..
One of the significant problems of the electoral model of the upper house of the Russian parliament is the issue of financing the election campaign. It can be assumed to resolve it in the following way - to establish the obligation to combine the elections of members of the Federation Council with the elections of deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation. This proposal for the mandatory combination is due to two factors:
First, it will save you a lot cash to conduct an election campaign;
secondly, the term of office of a member of the Federation Council will be calculated depending on the term of office of the legislative (representative) body of state power of a constituent entity of the Russian Federation. That is, the term of office of a representative from the subject of the Federation in the upper house of parliament will be equal to the term of office of the legislative (representative) body of state power of the corresponding subject of the Russian Federation.
The introduction of such an approach will make it possible to carry out a gradual transition to an elective model, ensure the continuity of the activities of the upper house of the Russian parliament and preserve the principle of rotation.
Thus, the Federal Law “On Elections to the Federation Council of the Federal Assembly of the Russian Federation” Avakyan S.A. Federation Council: evolution and prospects // Federalism. - 2003. - No. 1. - P. 10. should consolidate the conceptual provisions for the formation of the chamber of the federal government body according to the proposed elective model without the intervention of the regions in the exclusive jurisdiction of the Russian Federation.
Another serious problem is the possibility of qualified legislative work from the point of view of real knowledge of the needs and requirements of the subjects of the Federation. An attempt to find a compromise between the federal nature of the state system and the parliamentary nature of the Federation Council in the law of 05.08.2000. 113-FZ "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" appeared to be less successful than expected.
Even those current members of the Federation Council, who seem to represent the region (in particular, among them there are many former heads of state authorities of the constituent entities of the Federation), without engaging in specific legislative and executive activities on the ground, are more and more detached from the practice and needs of the region. They are actually engaged in lobbying only certain interests of their territories and gradually feel less and less like statesmen from the subjects of the Federation.
It should be noted that in our society there is a certain lack of trust in the representative bodies of state power in general and in the parliament in particular. Such mistrust is a consequence of the political struggle that preceded the adoption of the current Constitution of the Russian Federation. There are forces in society that are not averse to abandoning parliament as the most important democratic institution or turning it into an obedient assembly that does not play an independent role. However, such aspirations run into a number of counteracting factors.
Many representatives of the country's political circles are aware that the complete discrediting of the parliament can greatly undermine the emerging political and ideological foundations of Russian democracy. If, from the point of view of political significance, the parliament is now devalued in the eyes of a significant part of the country's population, then the same cannot be said about its ideological role. It is also significant that in democratic countries the parliament is a kind of personification of political traditions, an important indicator of national political culture. Those political forces that are not represented in the government and for which the parliament serves as an arena where they can defend their interests are also interested in imparting a certain political effectiveness to the parliament.
Parliament also acts as a kind of balancing force in the relations of competing political forces, as an arena for protecting the interests of those of them that in the current situation have less ability to influence political life countries.
Due to the interaction of all these factors, the development of Russian parliamentarism proceeds in a complex, largely contradictory way.
The number of laws adopted by the Parliament and signed by the President of the Russian Federation in 1995-1999 amounted to 741 (of which 5 are FKZ); in 1999 - 2003 - 772 (of which 18 - FKZ); from 2004 to October 1, 2005 - 355 (11 of them - FKZ). According to the ASOZD, as of May 21, 2007, the number of bills, work on which was completed by the State Duma of the Russian Federation of the fourth convocation and signed by the President, is 850 items. Korotkevich V.I. State Duma of Russia in the past and present // Leningrad legal journal. 2005. N 3 (4). P. 51..
However, the indicators of lawmaking carried out by the Federal Assembly, in last years provoked criticism. Legal scholars drew attention to the fact that the number of laws with their own (new) subjects of legal regulation has sharply decreased in the activities of the Russian parliament, and laws on amendments and additions to previously adopted laws have become predominant.
Thus, in the report of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, dedicated to its 80th anniversary (Director of the Institute - Professor T.Ya. Khabrieva), the following data were indicated: "For the period from January 1 to September 30, 2005, the Federal Assembly laws, of which only 6% are laws that have their own subject of regulation, and 74% are laws on amendments and additions to laws, and on recognizing laws as invalid.In 2004, there was a similar situation: out of 226 laws signed - 20 new (8%), 160 (71%) - laws on amendments, suspension, repeal of existing laws" Khabrieva T.Ya. National Interests and Legislative Priorities of Russia // Journal of Russian Law. 2005. N 12. S. 20..
Experts assess these facts negatively, they point out that there are many areas of public relations that have not yet been covered by legislative influence, and many subjects of public relations interested in adopting new laws and filling in "gaps" in the legislative field.
The reasons for the “negative” that have arisen in lawmaking are obviously connected with the imperfection of the legal basis for the organization of certain stages of the legislative process in the parliament of the Russian Federation, due to the lack of connection between the legislative process and the institutions of civil society and the legal regulation of this process, the factor of weakness of the multi-party system, the lack of proper accounting mechanisms proposals of opposition party factions in the legislative process and the necessary guarantees in the exercise of the right of legislative initiative by the subjects of the Federation, etc.
The factor of weakness of an effective multi-party system in the Russian Federation, including in the legislative process in the State Duma, and in this regard, political competition and, in addition, the need to compensate for the deficit of a multi-party system and competition of political ideas, probably caused the establishment of such a new political institution as the Public Chamber of the Russian Federation: Federal Law No. 32-FZ of April 4, 2005 "On the Public Chamber of the Russian Federation" was adopted at the initiative of the President of the Russian Federation. Collection of Legislation of the Russian Federation. 2005. N 15. Art. 1277..
Improving the activities of the parliament is ensured not only by external "props". Parliament should be, first of all, in its internal quality and internal device self sufficient institution. Analysis initial stage the formation of the parliament in Russia and the emerging problems in its functioning require the solution of the issue of "building up" in the organization of the Federal Assembly the features of a classical parliamentary institution.
Federation Council of the Federal Assembly of the Russian Federation: specifics and prospects
Council of Federation of the Federal Assembly of the Russian Federation: Specifics and Perspectives
DOI: 10.17803/1994-1471.2017.81.8.034-042
Federation Council, powers, functions, structure, formation procedure.
Council of the Federation, powers, functions, structure, order of formation.
Since the adoption of the Constitution of the Russian Federation, issues related to the functioning of the Federation Council of the Federal Assembly of the Russian Federation have not lost their relevance. The activity of this body of state power is determined by the fact that this part of the Russian parliament represents both the interests of the Russian Federation as a whole and the interests of the regions. The essential characteristics of the Federation Council have not actually changed since 1993, in contrast to the procedure for its formation, which changes periodically. The author highlights some specific features of the Federation Council as part of the Russian parliament, believes that there is a need to change some of the most important parameters of the Federation Council, primarily powers and functions. In modern conditions, the issue of the Federation Council of the Federal Assembly of the Russian Federation is of particular importance, since its role in the development of federal relations is significant, but a number of aspects of its formation and activity raise questions.
It should be noted that, since the adoption of the Constitution of the Russian Federation, matters relating to the functioning of the Council of Federation of the Federal Assembly of the Russian Federation do not lose their relevance. Key activities of this State Authority are determined by the fact that this part of the Russian Parliament represents both the interests of the Russian Federation as a whole and the interests of its regions. Unlike the process of formation that is periodically modified, substantive characteristics of the Council of Federation have not been subjected to any change since 1993. In the article, the author highlights certain specific features of the Council of Federation as a part of Russian Parliament and gives the view that there is a need to change some of the most important thresholds of the Council of Federation, primarily its powers and functions. In the current context, the problem of the Council of Federation of the Federal Assembly of the Russian Federation is of importance, since its role in the development of federal relations takes on particular importance, but a number of issues in relation to its formation and functioning raise questions.
1. Avakyan S. A. Draft laws on amendments to the Constitution of the Russian Federation // Constitutional and municipal law. - 2013. - No. 2. - S. 20-25. 2. Bicameralism in European parliaments: taking into account interests and coordinating positions: materials of an international seminar, May 22-23, 2003 / Analytical Department of the Office of the Federation Council of the Federal Assembly of the Russian Federation. - M., 2003. - 178 p. 3. Demidov M. V. External state financial control as a form of implementation of parliamentary financial control in Russia // Constitutional and municipal law. - 2008. - No. 2. - S. 12-16. 4. Kiva A. What should the Russian parliament be like // Russian Federation today. - 2002. - No. 2. - S. 4-6. 5. Kirichenko P. N. The representative nature of the Federation Council of the Federal Assembly of the Russian Federation: author. dis. … cand. legal Sciences. - M., 2005. - S. 14-15. 6. Constitutions of foreign states: textbook. - M., 2001. 7. The Basic Law of the Federal Republic of Germany // Constitutions of foreign states: Great Britain, France, Germany, Italy, the United States of America, Japan, Brazil: textbook. allowance / comp. Sat., Per., Auth. input. and intro. Art. V.V. Maklakov. - M.: Volters Kluver, 2009. 8. Rumyantsev O. G. 20th anniversary of the Constitution of the Russian Federation: lessons of history, development prospects // Journal of constitutional justice. - 2014. - No. 2 (38). - S. 10-21. 9. Saifutdinova V. M. Constitutional and legal powers of the Federation Council in the light of Article 102 of the Constitution of the Russian Federation // Legal state: theory and practice. - 2014. - No. 3 (37). - S. 97-99. 10. Sayfutdinova V. M. The procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation through the prism of the Russian electoral legislation // 20 years of experience of development of 18 Federal Law of December 3, 2012 No. 229-FZ “On the procedure for the formation of the Federation Council of the Fede - ral Assembly of the Russian Federation” // SZ RF. 2012. No. 50 (part IV). Art. 6952. 19 Kiva A. What should the Russian parliament be like // Russian Federation today. 2002. No. 2. S. 4-6. 41 VM Sayfutdinova Federation Council of the Federal Assembly of the Russian Federation: specifics and prospects Actual problems of Russian law. 2017. No. 8 (81) August of the development of the electoral system in modern Russia: achievements, problems, prospects: materials of Mezhregion. scientific-practical. conf. - Ufa: Belaya Reka, 2013. - S. 27-32. 11. Samigullin VK Tradition in the legal sphere: theoretical and legal research. - Ufa: Dialogue, 2008. - 319 p. 12. Tikhomirov Yu. A. Problems of the quality of legal acts // Law and modern states. - 2015. - No. 3. - S. 14-26. 13. Tikhomirov Yu. A., Nanba S. B. Trends in the constitutional development of states in the modern world // Journal of Foreign Legislation and Comparative Law. - 2016. - No. 1 (56). - S. 21-25. 14. Fadeev V. I. Local self-government and the first popular representation in pre-revolutionary Russia // 100th anniversary of the State Duma elections: history and modernity. Journal of elections. - 2006. - Spec. issue 15. Chirkin V. E. On the issue of the value of the Russian Constitution of 1993 // Actual problems of Russian law. - 2013. - No. 12 (37). - S. 1517-1522. 16. Chirkin V. E. On the procedure for the adoption of a federal law in Russia (is the wording of part 1 of article 105 of the Constitution of the Russian Federation correct) // Actual problems of Russian law. - 2017. - No. 2.
1. Avak’yan S. A. Proekty zakonov o popravkax k Konstitucii Rossijskoj Federacii // Konstitucionnoe i municipal’noe pravo. - 2013. - No. 2. - S. 20-25. 2. Bikameralizm v evropejskix parlamentax: uchet interesov i soglasovanie pozicij: materialy mezhdunarodnogo seminara, 22-23 maya 2003. / Analiticheskoe upravlenie Apparata Soveta Federacii Federal’nogo Sobraniya RF. - M., 2003. - 178 s. 42 State power and local self-government Actual problems of Russian law. 2017. No. 8 (81) August 3. Demidov M. V. Vneshnij gosudarstvennyj finansovyj kontrol’ kak forma realizacii parlamentskogo finansovogo kontrolya v Rossii // Konstitucionnoe i municipal’noe pravo. - 2008. - No. 2. - S. 12-16. 4. Kiva A. Kakim byt’ rossijskomu parlamentu // Rossijskaya Federaciya segodnya. - 2002. - No. 2. - S. 4-6. 5. Kirichenko P. N. Predstavitel’nyj xarakter Soveta Federacii Federal’nogo Sobraniya Rossijskoj Federacii: avtoref. dis. …cand. yurid. science. - M., 2005. - S. 14-15. 6. Konstitucii zarubezhnyx gosudarstv: uchebnoe posobie. - M., 2001. 7. Osnovnoj Zakon Federativnoj Respubliki Germaniya // Konstitucii zarubezhnyx gosudarstv: Velikobritaniya, Franciya, Germaniya, Italiya, United Shtaty Ameriki, Yaponiya, Braziliya: ucheb. post / sost. sb., per., avt. vved. i vstup. st. V. V. Maklakov. - M. : Volters Kluver, 2009. 8. Rumyancev O. G. 20th anniversary Konstitucii Rossijskoj Federacii: uroki istorii, perspektivy razvitiya // Zhurnal konstitucionnogo pravosudiya. - 2014. - No. 2 (38). - S. 10-21. 9. Sajfutdinova V.M. - 2014. - No. 3 (37). - S. 97-99. 10. Sajfutdinova V.M. nauch.-prakt. conf. - Ufa: Belaya reka, 2013. - S. 27-32. 11. Samigullin V. K. Tradiciya v pravosfere: teoretiko-pravovoe issledovanie. - Ufa: Dialog, 2008. - 319 s. 12. Tixomirov Yu. A. Problemy kachestva pravovyx aktov // Pravo i sovremennye gosudarstva. - 2015. - No. 3. - S. 14-26. 13. Tixomirov Yu. A., Nanba S. B. Tendencii konstitucionnogo razvitiya gosudarstv v sovremennom mire // Zhurnal zarubezhnogo zakonodatel’stva i sravnitel’nogo pravovedeniya. - 2016. - No. 1 (56). - S. 21-25. 14. Fadeev V.I. Journal of vyborax. - 2006. - Spec. vyp. 15. Chirkin V. E. K voprosu o cennosti rossijskoj Konstitucii 1993. // Aktual'nye problemy rossijskogo prava. - 2013. - No. 12 (37). - S. 1517-1522. 16. Chirkin V. E. O poryadke prinyatiya federal’nogo zakona v Rossii (verna li formulirovka ch.1 st. 105 Konstitucii RF) // Aktual’nye problemy rossijskogo prava. - 2017. - No. 2.
