english Parliament from Fr. Rarler - to say) - the generic name of the highest representative and legislative body in democratic states. Actually "P." This organ is referred to in the UK, France, Italy, Canada, Belgium, etc.; In the United States and most countries of Latin America, it is called Congress, in the Russian Federation - the Federal Assembly, in Lithuania and Latvia - Seimm, etc. Single-Pailed and two-beamed structure P. (see a two-beamed system. One-cell system).
Excellent definition
Incomplete definition ↓
or the legislative is the highest nationwide (national) representative body of state power, the legislative, control and some other functions in the constitutionally specified parameters. P. In different countries are called differently: in the UK and Japan - Parliament, in Russia and Switzerland - the Federal Assembly, in the USA - Congress, in France - the National Assembly and Senate, and so on. They may be generally divided into . with unlimited authority, with limited powers and advisory. P. first two categories, i.e. Legulatures with unlimited and limited powers, occupy a central place in the political and legal mechanisms of their countries, largely predetermining the content itself and the peculiarities of the elected form of the Board (actually parliamentary, presidential, mixed). The establishment of advisory legislatures, or quasi-parliaments, characterized by political regimes of the type of absolute monarchies in Muslim countries with fundamentalist traditions (for example, in Kuwait, UAE). As for the highest representative bodies of state power of the countries of totalitarian socialism, they are not at all, since the entire order of their organization and activity is built on the principles opposed to the principles of parliamentarism. Usually P. are unicameral and bipotable. P. With a large number of chambers, as it was in Yugoslavia or South Africa, is a rare exception. The so-called lower and upper chambers are created in the UK (for example, in the UK - the House of Commons and Lords, in Russia - the State Council and the Federation Council, in Switzerland - the National Council and the Council of Cantons (Council of State for the Constitution 1999), in the USA - Chamber Representatives and Senate, in France - the National Assembly and Senate, in Japan - Chambers of Representatives and Advisors, etc.). In any case, the constitution of the upper chambers is more connected to the modern era with the tasks of strengthening responsibility and professionalism of P. as a whole, rather than with the goals of the tool tool tool, braking the lower chambers in their "ultra-octic" aspirations, as it was at the dawn of parliamentarism. The upper chambers are capable of more widely and rationally represent and protect regional and local interests: in federal states - their subjects of the Federation, in unitary - territorial groups. The chambers differ significantly in the methods of formation - from the elected (lower and many top) prior to the place of place in the Chamber of the post, by appointment (many top). The House of Lords in the UK in the known part was formed d about 1999 on the right of inheritance. In terms of numerical composition, on average, the lower chambers consist of 400-600 deputies, the top is from 100 to 300 members. The lower chambers are usually elected for 4-5 years, the upper is formed for 6-9 years with periodic rotation of a certain part of the total composition. The competence of each chamber is enshrined by the Constitution, has its exceptional range of rights and obligations that reveal its social and legal purpose. However, in principle, only together, in the creative unity of both chambers P. may fully realize its functions of the Supreme Representative Body of State Power. The main purpose of P. is primarily a legislative function, i.e. Development and adoption of laws, incl. Financial and budget, which constitute a fundamental base of the entire legal system of the country. The control function is to control P. for the activities of the government, other senior authorities and is expressed in such forms as hearing reports, verification of the quality and effectiveness of delegated legislation, ratification of international treaties, etc. (with m. Also parliamentary control). The functional prerogatives of P. enters, in addition, a number of powers of administrative and administrative (for example, appointment and exemption from the position of some senior officials), judicial, more precisely quasi-judicial (impeachment, amnesty), as well as the constituent plan (creation of state institutions or participation in their formation). P. By definition should be a full-await authoritative body, the procedure for the formation and operation of which is entirely subordinated to the tasks of the implementation of nationwide tasks. This is the essence of his executive function. See also Federal Assembly, State Duma, Federation Council. THEM. Stepanov
Excellent definition
Incomplete definition ↓
Without general elections, freedom of printing and meetings, free struggle of opinions in any public institute, life subsides, it becomes only visibility, and the only active element of this life becomes bureaucracy.
R. Luxembourg
A little about the history of parliamentarism. The birthplace of Parliament is England, where starting from the XIII century. The king's power was limited by the meeting of the largest feudalists, the highest clergy and representatives of cities and counties. Then the parliaments appeared in other European countries. In the modern world, they exist in several modified form in many states in the world.
In Russia, this "invention" mankind not immediately arrived. Recall that on October 17, 1905, King Nikolai II signed a manifesto, which was stated on the creation of parliament, only under the strongest pressure of the democratically minded public of Russia.
The fate of the first state dorm was sad, and after the revolution of 1917. Parliamentarism in Russia has existed for a long time and at all formally (according to the USSR Constitution, the Supreme Council of the USSR was the legislative body).
The parliamentarism was revived only in 1990. Of course, it is impossible to establish the work of Parliament for such a short period, and while the Parliament in Russia is in the formation stage. It is called our parliament by the Federal Assembly.
We note the main features of the Russian parliament.
The Federation Council is one of the Chambers of the Legislative Body of the Russian Federation - the Federal Assembly. Unlike the State Duma, which, with full right, can be called a body representing the entire people of Russia in parliament, the Federation Council primarily represents the interests of the subjects of the Russian Federation. The fact is that the Federation Council includes two representatives from each subject of the Russian Federation.
The main function of the Federation Council as the House of Parliament is to participate in legislative activities. Although all bills fall first into the State Duma, approved by it the bill will fail to enter the Federation Council. Within 14 days, this chamber may approve or reject the bill. If during this period it does not speak out about the bill, it is considered adopted. However, the Federation Council must necessarily collect and discuss federal constitutional laws, laws on the state budget, taxes, questions about international treaties, about war and peace, etc.
In addition, the Federation Council:
Plan:
Introduction ..........................................................................................2
The concept and function of parliament. Parliament as a higher authority of legislative and representative power:
concept, distinctive features. Parliamentarism as the highest form
parliament organizations. Types (models) of parliaments ......................................................................................................4
Structure and procedure for the formation of parliament. Features of formation
lower and upper chambers. Institute of Mural of Parliament ............ 9
The internal device of the chambers of parliament. The order of the Parliament:
sessions and organizational and legal forms of its activities ........................ .16
General parliamentary procedures. Legislative procedure ...... ..23
Legal status of parliamentarian in foreign countries .................. 26
Task .............................................................................. .28.
Conclusion ........................................................................ ..31
List of literature used ............................................. 3 34
Introduction
In accordance with paragraph 1 of Article 1 of the Constitution of the Russian Federation, the latter is a democratic federal legal state with the republican form of government.
The Republic is a form of state reign in which the highest power in the state belongs to elected bodies - parliament and the president.
The republics are divided into parliamentary and presidential, depending on the role that these higher authorities play in the state.
It is believed that Russia refers to the republican forms of government, which is mixed, that is, combines the features of the parliamentary and presidential republic. This fact can be established, only carefully considered the role and functions of these two senior state bodies and the nature of their relationship, which is the main purpose of this work.
Parliament, in accordance with the theory of separation of the authorities, is a national representative body, the main function of which is the implementation of the legislative power.
The Russian parliament, in its current appearance, operates a relatively short period of time - since the adoption of the 1993 Constitution - until today. Therefore, it is safe to say that he is far from perfect and is not a parliament, the work of the chambers of which turns out to be the most productive and useful for the state.
Today, despite the existence of a legislative base on various, related to the activities of the Russian parliament aspects, it is completely clear that this regulation is not enough - so many questions are not generally enshrined in legislation.
The relevance of this work is that today there is already a certain practical experience of applying the norms of the Constitution and assess the foundations of the relationship between the President and Parliament, not only by theoretical studies of the constitution standards, but also taking into account the current political situation.
In addition, recently there is a tendency to increase the importance of the presidential power in relation to the government. In fact, the government does not have the share of power, which is laid in the constitutional foundations of the country, which also directly affects the nature of the presidential relations.
The concept and function of parliament. Parliament as the highest legislative body and Representative power: concept, distinctive features. Parliamentarism as the highest form of the organization of parliament. Types (models) of parliaments.
Parliament - This is elected by the public a representative body, a carrier of the legislative power, an integral institution of a democratic state system.
In accordance with Article 94 of the Constitution of the Russian Federation, the Constitution of the Russian Federation of December 12, 1993: "The Federal Assembly - Parliament of the Russian Federation is the legislative and executive body of the Russian Federation."
In accordance with the concept of separation of the authorities, the first place among the branches of state power belongs to the legislative. The executive and judicial branch of the authorities although they have their own scope, but act on behalf of the law. Legislative power is the exclusive right and ability to establish the most general rules of conduct, issuing regulatory legal acts having a higher legal force.
Usually, laws are issued on the most important issues of public and public life, although in the Anglo-Saxon countries, along with the laws of this kind, there are private laws that have an individual action. Laws have continued power. Acts of the head of state, governments, other state bodies and officials, courts, activities of various kinds of associations, citizens and non-citizens must comply with the Constitution and the laws. The law can be canceled only by another law, the constitutional control authorities can only recognize the law unconstitutional.
Legislative power is carried out primarily by the national representative body, and in the subjects of the Federation, in the autonomies of a political nature - also by local legislative bodies. The national representative body may have different names (folk, state assembly, congress, etc.), but the generalized name was established. parliament ", which is now used in some constitutions.
In all modern constitutions, parliament is defined as a carrier of the supreme legislative power.
Parliament as a constitutional and legal institution has a centuries-old history. The first parliaments (English Parliament, Spanish Cortes) arose in the XII-XIII centuries. Parliaments were still called legislates (from Latin "Lex" - the law). Under the legislates, the political institutions were implied, the power of which arises from the fact that their members are representatives of the Company.
However, the history of the modern parliament as a representative nationwide body other than the representative texts of the time of feudalism begins with the era of bourgeois revolutions, after the victory, which the parliament becomes the most important body of the state. It was then that parliamentarism as a special system of state leadership by society, characterized by the division of labor and the executive, which is characterized by the division of labor and executive, with a substantial political and ideological role of Parliament, was disseminated.
It should be noted that in Russia there is a frank distrust of the representative bodies of state power in general, and to parliament in particular, which is largely a consequence of the political struggle, which preceded the adoption of the current Constitution of the Russian Federation. There are forces in society who believe that from parliament as from the State Institute should be abandoned at all or turn it into an obedient, not playing an independent role structure.
However, in this regard, it is impossible to forget that the complete discredit of the parliament can significantly undermine the developing foundations of Russian democracy. In many democratic countries, the Parliament is a kind of personification of political traditions, an important indicator of national political culture. At the same time, the parliament acts as a kind of balancing force and in relations between competing political forces, as a representative of the interests of those who have less opportunities for the political life of the country.
In connection with the above, the activities of the Russian Parliament today is often carried out by complex, in many ways contradictory way.
Thus, today, the legislative power carried out by representative bodies, in the system of separation of the authorities, occupies an extremely important place. According to N.V.ONishko, it can be said without exaggeration that the issues of the organization and functioning of legislative bodies are in the center of political practice and constitutional legal doctrines. The tendency to democratization of public life and the state unit is very clearly manifested in the development of institutions of representative democracy, parliamentarism.
As the Institute of State Parliament gave rise to two derivatives: parliamentarism and parliamentary law , carefully studied doctrine law. Under the parliamentary law, a combination of legal norms regulating the status, the procedure for formation, the internal organization and the activities of the Parliament are understood. Parliamentarism Usually refer to such a system of organization of state authorities, in which the parliament plays a noticeable (or leading) place.
Parliamentarism It cannot exist without parliament, and at the same time parliament is based on several principles of parliamentarism, the main of which are the separation of authorities, representativeness and legality.
These principles were reflected in the Constitution of the Russian Federation. Thus, in Article 94 of the Constitution states that the Federal Assembly is a representative body of the Russian Federation. Thus, the Constitution establishes that the form of the state of the Russian Federation is representative, that is, mediated by elections, parliamentary democracy, in which the formation of the political will of the people is assigned to the national representation, independently hosting the most responsible decisions.
The same article of the Constitution, the Federal Assembly is characterized as the legislature of the Russian Federation. In the provision of the Parliament of the Legislative Authority, the principle of national sovereignty as the basis for the legitimization of the rule of law is being implemented. As a result, the parliament regulates the life of the country and promotes the formation of a legal state.
The principle of manifestation of the separation of the authorities is manifested in the recognition of the Federal Assembly with the representative and legislative body of the Russian Federation (Article 94 of the Constitution of the Russian Federation).
According to Article 95 of the Constitution of the Russian Federation, the Federal Assembly consists of two chambers of the Federation Council and the State Duma. Such a structure stems from a federated state unit, when one of the chambers is the ward of a common representation, and the representative office of the subjects of the Federation is implemented in the other chamber. The role of the Chamber of the Federal Assembly, expressing the interests of the constituent entities of the Russian Federation, belongs to the Federation Council. The Second Chamber of the Federal Assembly - the State Duma - is intended to represent the interests of the population of Russia as a whole.
By the nature of the legislative competence enshrined in the constitutions, parliaments are divided into three groups: with absolutely unlimited, absolutely limited and relatively limited legislative competence.
The first group includes parliaments who legally have the right to accept laws on any issues (United Kingdom, Italy, Ireland, Greece, Japan). Neither in the basic laws, nor in other acts is not given a list of issues that should be considered by parliaments and to be resolved in the laws accepted. The transfer of questions in the Constitution of the Sweden, which are solved only by adopting the RIXDAG laws, is not a limitation of its legislative competence: the Constitution determines its exclusive rights, but at the same time establishes that RIXDAG can make laws and on issues related to the competence of the government.
The second group includes parliaments mainly by federal states, whose constitutions clearly delimit the rights of the Federation and its subjects. So, in determining the competence of the US Congress, the Constitution focused on it is not legislative power in general, but only provided by it. Moreover, in section. 9 tbsp. 1 Installed that range of issues by which Congress cannot accept laws.
At the present stage, this second group was replenished with parliaments of some unitary states. These include France. The Constitution of France severely limited the list of issues by which the Parliament may legislate (Article 34). Moreover, even in these limited areas on one issues, it can take laws, and in others - only to establish general principles (for example, in the socio-economic sphere).
The third group consists of parliaments, the framework of limited legislative "competence of which are quite mobile. These are the parliaments of some federations, where there is a joint legislative competence of the Federation and its subjects. In those unitary states in which autonomous education has been created, the volume of legislative rights of parliament is usually not defined. However, the Law establishes the list of issues within the competence of these autonomous formations. It should not be legislated by the state parliament. It should be noted that even in those countries whose parliaments have absolutely unlimited legislative competence, this competence in practice has already become a restriction of legislative rights. Parliaments take place primarily in such main areas as the loss of the legislative initiative, which now largely focused in the hands of the government, and delegation of the right to publish acts that have the power of the law, executive power. But at the same time passwords Ent all, seeks to retain control over delegated legislation. In most countries where it is allowed, the government is obliged to subsequently (sometimes at the request of the Parliament, and sometimes compulsory) submit acts of delegated legislation for the approval of Parliament.
Structure and procedure for the formation of parliament. Features of the formation of the lower and upper chambers. Institute of Mural of Parliament.
The Constitution of the Russian Federation identifies the structure of the Federal Assembly as a two-beamed body. A similar structure of Parliament has received significant distribution in the world due to two advantages: opportunities to provide a special representation of the collective interests of the population of large regions along with the general representation of the interests of the whole nation (in the federal state - subjects of the federation), or the interests of other groups of society playing an important role in it ; Opportunities to make an optimal legislative process by establishing counterweights possible by a pental and little thoughtful legislative decisions of one chamber.
The Constitution does not call the chambers of the Federal Assembly of the Upper and Lower, however, the difference between the upper and lower chambers of parliaments are also observed in the Federal Assembly in world practice. This gives reason to characterize the Federation Council as an upper, and the State Duma - as the lower chamber of the Federal Assembly.
The two-beamed structure of the Russian parliament belongs to the type that is determined by the comparative weakness of the upper chamber. This is expressed in the possibilities for the State Duma to overcome the objections of the Federation Council in the event of disagreements between the chambers in most laws, although the Federation Council has some important special powers.
Moreover, the Constitution provides for various competence for each of the chambers, thereby providing the system of "checks and counterweights" in the activities of the Federal Assembly, in which the Council of the Federation is given to the role of a kind, as E.I. Kozlova and O. E.Kutafin expressed , the brakes in relation to the State Duma, designed to prevent the possibility of establishing the "Tirani majority" in the Russian Federation, conquered in the elections to the State Duma by those or other political forces.
The procedure for the formation of the chambers of the Federal Assembly:
The Federation Council is based on an equal representation of the subjects of the Federation, each of which is presented in the Chamber of two members - one from the legislative and executive bodies of state power. Based on the fact that, according to Part 1 of Art. 65 Constitution, the Russian Federation has 83 subjects, the Federation Council should consist of 166 members. It is this common number that serves as the basis for determining the shares necessary for the adoption by the Council of the Federation decisions or the implementation of group initiatives of its members.
This provision of the Constitution alone admits various ways to form the "upper" chamber. Currently, the Federation Council is formed on the basis of FZ "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation"
The Federation Council in accordance with the Constitution of the Russian Federation consists of two representatives from each subject of the Russian Federation: one from the legislative (representative) and executive bodies of state power. A member of the Federation Council can be elected (appointed) a citizen of Russia at least 30 years old, which possesses in accordance with the Constitution of the Russian Federation, the right to elect and be elected to state authorities.
Member of the Federation Council - a representative from the legislative body of the state authority of the subject of the Russian Federation is elected by the legislative body of the state authority of the subject of the Russian Federation for the term of office of this body, and in the formation of the legislative body of the Directory of the Russian Federation by rotation - for the term of office of once elected deputies of this body.
The representative of the Federation Council on the executive body of the state authority of the subject of the Russian Federation is appointed by the Supreme Official of the Directory of the Russian Federation (the head of the Supreme Executive Body of the Public Authority of the Directory of the Russian Federation) for its authority. Under the executive body means the executive body of the overall competence - the president, the governor, the head of the executive power, or the government of the subject of the federation.
The powers of a member of the Federation Council begins from the date of the entry into force of the decision to elect (appointment) and terminate from the date of entry into force of the decision to elect (appointment) by a member of the Council of Federation re-elected, respectively, by legislative (representative) authority of the state authority of the subject of the Russian Federation or the highest official of the subject RF.
Neither the Constitution, nor FZ "on the procedure for the formation of the Federation of the Federation of the Federal Assembly of the Russian Federation" does not determine the share of the chamber, which should be equipped so that the Chamber is considered to be eligible. However, since the bulk of the Chamber's decisions is made by a majority of its members of its members, it can be assumed that it is eligible if it is elected (appointed) most of its members.
The Federation Council is not subject to dissolution, but without the State Duma, it can only carry out the powers listed in Art. 102 Constitution of the Russian Federation.
The Constitution of the Russian Federation establishes the numerical composition of the State Duma - 450 deputies.
The four-year term of office of the State Duma is optimal: it allows the deputies not only to score the necessary experience, but also use it for considerable time. At the same time, it should not be considered too long. The periodic re-elections of the State Duma adapt its composition to changing socio-political relations in society, allow political sympathy and antipathy of voters in the deputy corpus.
In accordance with the Constitution of the Russian Federation, the election of deputies of the State Duma appoints the President of the Russian Federation. The decision to assign elections should be made no earlier than 110 days and no later than 90 days before the voting day. Day of voting in the elections of the deputies of the State Duma is the first Sunday of the month, in which the constitutional period expires to which the State Duma of the previous convocation was elected. The constitutional period is calculated from the date of its election. The day of the election of the State Duma is the day of voting, as a result of which it was elected in the eligible composition. The decision to appoint elections is subject to official publishing in the media no later than five days from the date of its adoption.
The Constitution does not establish what the elections should be direct or indirect, open or secret, does not determine the electoral system used. The principles of universal, equal and direct electoral law in secret ballot, voluntary participation in the elections are formulated with appropriate concretization in the Federal Law "On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation".
Deputies of the State Duma of the Federal Assembly of the Russian Federation (hereinafter referred to as deputies of the State Duma) are elected by citizens of the Russian Federation on the basis of universal equal and direct election law during a secret ballot. The participation of a citizen of the Russian Federation in elections is free and voluntary. No one has the right to force a citizen of the Russian Federation to participate or non-participatory in elections, as well as to prevent his free will.
Deputies of the State Duma are elected to the federal electoral district in proportion to the number of votes submitted for the federal lists of candidates for deputies of the State Duma.
Termination of parliament activities Before the expiration of its powers and the appointment of new elections. The Institute of Parliament Railway is an element of the system of checks and counterweights that implements the principle of separation of the authorities. In the form of the government, which provides for the responsibility of the government to parliament, the Institute of Parliament's dissolution of the Parliament acts as the cost and counterweight for the government (or the head of the state) of the Parliament, as one of the means of resolving the political (governmental) crisis, finally, as a consequence of the incapacity of the parliament of this composition. Just as the Parliament has the right to send a government to resign, replacing it with a new one, the head of state dismisses this composition of the parliament and appoints new elections. For the Institute for the Railway of Parliament during a democratic mode, it is this two-day legal bunch - the termination of the activities of this composition of the parliament and the appointment of new elections. The expression "Armor Rapup" is incorrectly, since the dissolution, by definition, is going on until the end of the term, which is elected parliament, but for its dissolution, early elections are followed.
The traditional of the European constitutions of the Parliament in the Russian Federation was first introduced by the 1993 Constitution. The absence of this institution contributed to the protracted confrontation of the legislative and executive authorities and led to an acute political crisis in September - October 1993.
For two-challenging parliaments, what is the Federal Assembly of the Russian Federation, the term "dissolution of parliament" is inaccurate in the sense that only one Chamber of Parliament is dissolved, the one who participates in the formation of the government and can make a vote of distrust - the State Duma (Constitution of the Russian Federation, Article 109 ).
To the dissolution of Parliament, as an undesirable event, the Constitution of the Russian Federation suits strictly restrictive. Unlike many European constitutions that do not establish certain, specific situations that can become a basis for dissolution, the Constitution of the Russian Federation limits the possibility of the dissolution of parliament with two situations: the conflict between the President of the Russian Federation and the State Duma in the formation of the government (Article 111) and the conflict crisis situation in the state relations Duma - Government of the Russian Federation. In the second case, the President of the Russian Federation is raised before the question "Who is right?" And in accordance with the answer to this question or dismissed the government, or dissolves the State Duma. The newly elected State Duma must begin its work no later than four months from the moment of dissolution. Based on the same approach, the Constitution establishes a number of rules limiting the possibility of dissolution of the State Duma. According to the grounds provided for in Article 117 ("conflict between the State Duma and the Government"), it cannot be dissolved during the first year of its activities. The President of the Russian Federation is not given the right to dissolve the State Duma in situations when it is connected with his personal political interests. There are two such situations: in case of initiation of the State Duma, the procedure for rejugging the President of the Russian Federation from office (Constitution, article 93) and in the last six months before the expiration of the term of presidential powers. It is impossible to dissolve the State Duma, if a military or state of emergency has been introduced throughout Russia: in such a special, extreme situation, the state cannot remain without the current parliament.
The internal structure of the chambers of parliament. The order of the Parliament: sessions and organizational and legal forms of its activities.
Interior device SF FS of Russia
The Constitution of the Russian Federation does not indicate the numerical composition of the Federation Council. However, based on the fact that the Chamber is formed by representation by one member from representative and executive bodies of the state power of each subject of the Russian Federation - on the basis of part 1 of Art. 65 of the Constitution of the Russian Federation - it can be concluded that the Federation Council should consist of 166 members.
In the Constitution of the Russian Federation, the structure of the Federation Council is enshrined in Art. 101. This article says that "the Federation Council elects from its composition of the Chairman of the Federation Council and his deputies"; "Chairman of the Council of the Federation and his deputies ... lead meetings and are in the internal regulations of the Chamber"; The Federation Council forms Committees and Commissions.
The question of the structure is disclosed in more detail in the Regulations of the Federation Council.
The Council of Federation is headed by the chairman who is elected from among the members of the Federation Council by secret ballot using ballots. The Chairman and Deputy Chairperson of the Federation Council cannot be representatives from one subject of the Russian Federation.
The Council of the Federation creates the Council of the Chamber, which is formed to ensure the operational and collegial discussion of emergency issues of the Council of Federation related to its constant functioning. The Chamber Board is a permanent collegial body.
In accordance with the Constitution of the Russian Federation, committees and commissions are formed in the Federation Council.
The Committees of the Federation Council are the permanent authorities of the Chamber. Each member of the Federation Council, with the exception of the Chairman of the Federation Council and the Deputy Chairperson of the Federation Council, is obliged to consist in one of the Committees of the Federation Council. The number of committees is determined by the Chamber, but the Committee must have at least 8 members. Member of the Federation Council may be a member of only one chamber committee.
The Federation Council may eliminate individual committees or form new ones.
The regulation also provides for the Permanent Commission of the Council of the Federation for Regulation and Parliamentary Procedures.
Interior unit of the State Duma FS of Russia.
In contrast to the Federation Council, the Constitution of the Russian Federation enshrines the numerical composition of the State Duma - 450 deputies.
The general provisions relating to the structure of the State Duma, as well as the structure of the Federation Council, is enshrined in Art. 101 of the Constitution of the Russian Federation.
In detail, it is set out in the Regulations of the State Duma.
For joint activities and express a single position, on issues under consideration by the State Duma, the deputies form deputies - factions and deputies.
The State Duma is headed by the chairman. Candidates for the position of chairman of the State Duma have the right to nominate deputy associations and deputies of the State Duma.
The State Duma decides on the number of deputy chairmen of the State Duma. Candidates for the posts of Vice-Chairmen can nominate deputies, deputies of the State Duma. The decision to exempted the chairman of the State Duma, his first deputy and deputy adopted by a majority of the votes of the total number of deputies.
An important governing body of the State Duma is the Council of the State Duma, which is created for preliminary preparation and consideration of organizational issues of the Chamber's activities. It consists of the chairman of the State Duma, the heads of deputy associations with the right of a decisive voice. The Council of the State Duma participates with the right of an advisory voice, the Deputy Chairperson of the State Duma and Chairmen of the Committees of the State Duma. Deputies of the State Duma are also entitled to attend the meetings of the Council.
In accordance with the Constitution of the Russian Federation, the State Duma is formed from among the deputies of the Chamber of Committees and Commissions. They form, as a rule, based on the principle of proportional representation of deputy associations. The numerical composition of each committee and each commission is determined by the State Duma, but there can be no less than 12 and more than 35 deputies of the Chamber. Each deputy of the State Duma, with the exception of the Chairman of the State Duma, his deputies, managers of deputy associations, is obliged to consist in one of the committees of the State Duma. The State Duma deputy may be a member of only one of its committee.
The State Duma in accordance with the Rules of the State Duma establishes the necessary committees and commissions.
The State Duma Committees are formed for a period not exceeding the term of the powers of a particular convening of the State Duma. The chairmen of the committees are elected by the Chamber. The posts of chairmen of the committees are usually distributed over a packet principle, i.e. By agreement between all deputies.
The activities of the Committee, the Commission of the State Duma is based on the principles of freedom of discussion, publicity. At the meetings of the Committee, commissions may be present representatives of the media.
Organizational and legal forms of activity The chambers of the Federal Assembly are due to the content of parliamentary practice and the legal forms enshrined in the current legislation in which the State Duma and the Federation Council exercise their constitutional authority. Such forms include: plenary sessions of the Chamber, meeting of parliamentary committees and commissions, parliamentary hearings, parliamentary investigations, "Government hour", "An hour of statements", etc. At the initiative of the committees, commissions, deputy associations in the premises of the State Duma, not enshrined Committees, commissions and deputy associations, as well as in the Parliamentary Center, meetings, round tables, seminars, conferences and other events related to the chamber's legislative activities can be held. Similar activities are held in the Federation Council. The procedure for holding meetings of the chambers, their committees and commissions, holding parliamentary hearings, etc. Determined by the regulations of the chambers.
The organizational and legal form of the Chamber's activities should be distinguished by parliamentary session - the period of work of the Chamber of the Federal Assembly established by the legislation. The parliamentary session presents a combination of separate meetings of the Chamber, as well as other events held by the Chamber and its bodies for the implementation of constitutional powers. In accordance with Art. 40 Regulations at their first session meeting, the State Duma (as well as the Federation Council) is collected on the 30th day after election. During the year, the State Duma holds two sessions: Spring - from January 12 to June 20 and Autumn - from September 1 to December 25. During the session of the State Duma, plenary sessions of the Chamber, meetings of the Council of the Chamber, meetings of its committees and commissions, parliamentary hearings are held. In the session period, the deputies work in committees and commissions, in deputy associations, carry out meetings with voters (for this purpose the last week of the month is intended for each session). In the regulations envisaged during the parliamentary holidays, extraordinary meetings of the State Duma may be convened. The first meeting of the State Duma opens the oldest deputy. Before the election of the Chairman of the Chamber at its meetings, representatives of all electoral associations are prescribed alternately.
The concept of "session" is used only in the Regulation of the State Duma. The regulations of the Federation Council uses the concept of "meeting of the Chamber" - the organizational and legal form of consideration by the Upper Chamber of the Federal Assembly of issues related to the Constitution to its maintenance. The regulations of the Federation Council provided that the Chamber holds meetings in the period from September 15 of the current on July 15 of the next year at least once in any three next week. The chamber's regulation provides for the preparation of the schedule for such meetings on the first and second half of the year. As a rule, each meeting is given for 3 days. The chamber's regulations establishes that the first day of the meeting of the Chamber in the decision of the Council of the Federation can be defined as a day of work in committees, commissions. Like the State Duma, the Federation Council in the session period holds plenary sessions of the Chamber (regular and extraordinary), implements their powers through the work of the committees and commissions, using other organizational and legal forms of parliamentary activities. The activities of the Chambers in the session periods are determined by their regulations establishing the general and special procedure for the work of the Chamber. As well as the Lower Chamber, the Federation Council can convene extraordinary meetings. The first meeting opens up the President of the Russian Federation, and then the meeting leads the oldest member of the Federation Council before the election of the Chairman of the Chamber.
Plenary session of the House. This is an organizational and legal form of the activities of the State Duma and the Council of the Federation, related to the consideration of issues related to their competence, and adoption of such a discussion as provided for by the Constitution of the Russian Federation. Meetings of the Chambers, according to their regulations, are held open, vowels and highlights the media. The rules of each chambers are given the right to attend to its meeting by deputies, members of another chamber. By decision of the Chamber, representatives of state bodies, public associations, scientific institutions, experts and other specialists may be invited to its meetings, experts and conclusions on the issues under consideration. Representatives of the media may be present at the meetings of the Chamber, subject to accreditation in the Chamber.
Parliamentary control. It is a constitutional possibility of the Federal Assembly to monitor the activities of the Government of the Russian Federation. The control activity of parliaments is carried out during the development and adoption of laws, when deputies, committees, commissions, chambers analyze situations, study problems, provide assessments on the work of certain executive bodies of state power. The current Russian Constitution consolidates the powers of the Chambers of the Federal Assembly relating to several areas of control over the activities of the government. One of the most important tools for parliamentary control over the executive authority is the hearing of the government's report on the execution of the federal budget at a meeting of the State Duma. In a financial environment, parliamentary control concerns primarily the activities of the Central Bank.
Parliamentary investigation. This is the highest form (tool) of parliamentary control over the executive and judicial authorities, for the execution by the authorities of the norms of the Constitution. In the constitutional and legal meaning, the parliamentary investigation is the right of parliament to create special commissions to investigate crimes with particular social significance.
Parliamentary hearings. The organizational and legal form of discussion in Parliament with the involvement of public representatives of particularly significant issues - the concept of law, international treaties to be ratified, and other major issues of internal and foreign policy. In accordance with the Constitution of the Russian Federation (Part 3 of Article 101), the Council of Federation and the State Duma on their management are carried out by parliamentary hearings. The procedure for holding parliamentary hearings is determined by the Rules of the Chamber.
General parliamentary procedures. Legislative procedure.
The legal procedure has its own characteristics:
First, this is a special procedure that is clearly set out and enshrined in the laws and regulatory regulations.
Secondly, it represents the regulatory procedure for the implementation of legal activities.
Thirdly, the main objective of the legal procedure is the implementation of the main, that is, the material legal norm based on the material legal relationship.
The parliamentary procedure is a kind of legal procedure as characteristic features of the legal procedure are also inherent in the parliamentary procedure. Only a procedure is being implemented as part of the activities of the legislative body (parliament), based on the rights that this legislature is endowed.
For example, the State Duma of the Russian Federation has the right to: to consent to the President for the appointment of the Chairman of the Government of the Russian Federation; solve the issue of confidence in the government; amnesty; nominate accusation against the President of the Russian Federation; To appoint and dismiss from the post of Chairman of the Central Bank of the Russian Federation, Chairman of the Accounts Chamber Commissioner for Human Rights. And also to take federal laws, on issues: federal budget; taxes and fees; financial, currency, credit, customs regulation, monetary emissions; ratification and denunciation of international treaties; status and protection of the state border; Wars and the world. All these rights are recorded by the Constitution of the Russian Federation (Article 103.106.).
These rights are expressed through parliamentary procedures, and the rules that are guided by the State Duma of the Russian Federation in the order of parliamentary procedures are recorded in the Regulations of the State Duma of the Federal Assembly of the Russian Federation.
The institution of parliamentary procedures regulates relations arising in the process of ensuring the organization and activities of the Parliament in order to implement their constitutional functions and powers. We are talking about the procedural norms of parliamentary law, because They regulate the order, forms and methods of the organization and activities of the Parliament. Procedures necessary for the use of law mediate it. Their importance is that they attach the legal nature of the activities of the Parliament and, consequently, the laws taken by him.
Legislative procedure It begins with the procedure for making draft laws to the State Duma, where Article 103 of the Regulation of the State Duma of FS of Russia confirms the subjects of the law of the legislative initiative. Moreover, the Regulation provides a detailed explanation of the subjects of the legislative initiative, how to implement these rights.
Together with Parliament, the president also has legislative powers. The Constitution of the Russian Federation, assigns the president to the president, to sign and publish federal laws, as president has the right to reject the law that will entail his re-consideration. Moreover, the State Duma Regulations provides for the procedure for the re-consideration of federal laws rejected by the President of the Russian Federation.
If the President of the Russian Federation, within 14 days from the date of receipt of the Federal Law, will rejoint it, then the State Duma again considers this federal law.
The Federal Law, rejected by the President of the Russian Federation, is transmitted by the Council of the State Duma to enter into a responsible committee, which is considering within 10 days the motive of the decision of the President of the Russian Federation on the rejection of the Federal Law, adopted by the State Duma.
According to the results of the consideration, the responsible committee introduces a draft resolution of the State Duma, which can recommend the State Duma one of the following solutions:
a) adopt a federal law as amended proposed by the President of the Russian Federation;
b) agree with the motives of the decision of the President of the Russian Federation and to relieve the Federal Law with further consideration by the State Duma;
c) adopt a federal law, taking into account the proposals of the President of the Russian Federation;
d) to create a special commission to overcome the disagreements arising and propose to the President of the Russian Federation and, if necessary, to send its representatives to work in it;
e) approve the federal law in the previously adopted edition.
From this procedure it follows that the President of the Russian Federation is an active participant in the legislative procedure. Although the last word remains for the parliament, the decision of the President of the Russian Federation largely depends in many respects, in which the law will exist and whether it will exist at all.
In terms of the number and variety of participants, parliamentary procedures make up larger blocks. These blocks include:
In-parliamentary relations (legislative, control, organizational);
Mezhinstitial relations (President - Parliament - Government - Judicial Power);
Federated and institutional relations (Federal Assembly - Parliamentary Institutions of the Federation of Federation, local self-government);
Procedures in the field of public relations (parliament - selective corps, electorate).
Summing up the above - Parliamentary procedures - This is a combination of consistently performed legally established actions, with the help of which the subjects of parliamentary procedures can carry out their rights and obligations that relate to legislative activities.
Legal status of parliamentarian in foreign countries.
Parliamentarians - These are persons consisting on a particular basis by members of parliament. They are called in different countries differently, and these items do not always seem logical. For example, in the UK, members of the Parliament (MP "S - Members of Parliament) are called only members of the Lower Chamber - the House of Commons. In the same way, Congressmen are not generally members of the Congress, but only members of the House of Representatives. The deputies are also called only members of the lower Chambers. Members of the upper chambers in most countries are senators, in the UK - Lords. Perhaps only in Yugoslavia yes in Croatia, members of both chambers, respectively, the Allied Square and Cathedral are called deputies (in the shed - allied). True, in this case, the Russian term "deputy" "This is the translation of the Serbian term" Messenger "and the Croatian term" Intercessor "(" ZastUpnik "). Etymology and semantics to trace it is not difficult here. However, in Namibia, without the causation of Lukovo, they called people in parliament, simply by members of the corresponding Chamber - National Meetings and National Council.
Members of parliaments have special law and legal capacity. At elected members of parliaments, the term of office usually begins to flow from the moment of election, less often - with a legally or even constitutionally established date (for example, according to Section 1, the amendments of XX to the US Constitution - from noon on January 3, next year after the year of election). True, in the constitutions, it is often necessary to verify the powers of the election member of the parliament by the Chamber, which it includes. So, according to the section. 5 tbsp. I of the US Constitution "Each Chamber will be a judge with regard to elections, the legality of election and comply with the requirements of its own members ...", but according to Art. 66 of the Italian Constitution "Each Chamber checks the powers of its members and cases of incompatibility or incompatibility." However, in Spain, Part 2 of Art. 70 of the Constitution found that "the reality of documents and certificates of members of both chambers will be subject to judicial control within the deadlines established by the electoral law"; This control is carried out by the Board of Administrative Disputes of the Supreme Tribunal of Justice. In general, the Regulations of the Congress of Deputies settled in detail the procedure for obtaining the full status of the deputy. To do this, it is necessary to submit to the General Secretariat certificate issued by the authority of the electoral administration, fill in the declaration to verify incompatibility, indicating the profession and occupied public positions, and at the first plenary meeting, in which the deputy will take part, bring the oath to comply with the Constitution. If he does not do this during three plenary meetings, his rights and warranties are suspended before the fulfillment of these requirements.
It is known that in the US Congress, many congressmen and senators re-elected repeatedly, fulfill their function with tens of years and, moreover, use privileges in the occupation of posts in Congress in proportion to stay in it. In the Philippines, who perceived mostly the Constitutional system of the United States, this practice of delight does not cause, and the Philippine Constitution, on the contrary, forbidden to be elected to the Chamber of Representatives more than three times in a row, and in the Senate - more than two times in a row
The task of parliamentaria is to participate in the lawmakers and the implementation of its other functions by the Parliament.
Task: Compare the volume of authority of the upper chambers of parliaments according to the following scheme:
|
The possibility of making a bill to the Chamber |
The presentation of the bill has the right, first of all, the government, members of both chambers, speaking both in personal capacity and together with other parliamentarians. |
art. 72 Prime Minister as a representative of the Cabinet. |
art. 76 introduces a federal government with further discussion in the Bundestage. |
In Russia - Article 104 only in the State Duma of the FS of the Russian Federation, and in India, Article 107 - in the one or another chamber of parliament. |
|
The procedure for overcoming the veto of the President of the Upper Chamber |
art. 74. "The President of the Republic may demand a new discussion to the laws of the law in the Motivated Message of Epistle. If the chambers will reaffirm the law, then it must be proculged. " (published and published) |
According to Art. 4 "The emperor is not endowed with the right of veto and is not endowed with the authority associated with the implementation of the state. authorities". |
art. 55 and Article 59 is absent. |
In Russia - art. 107 Repeated consideration of the federal law by both parliament chambers and its approval by a majority of 2/3 of the total number of votes; In India - Article 111 - state consideration of the draft law and its acceptance by Parliament. |
|
The ability to draw a vote distrust to the government |
Art. 69 The House of Representatives can send a resignation office in full, if it does not have been dissolved for 10 days. |
article 67 The expression of the distrust of the federal chancellor - the decision will endure the Bundestag. |
Russia and India - a vote of distrust can only be delivered by the Lower Chamber of Parliament. |
|
|
Control powers in relation to the head of state
|
article 83 election of the President and Article 90 of the President of the President for the State. betrayal or encroachment to the Constitution |
article 6 Representation of the Prime Minister for approval by the emperor; Article 8 monitoring property relations in the imperial surname and the receipt of her gifts. |
article 61 The ability to nominate accusations by deliberate violation of the Basic Law or other Federal Law. |
Russia Art. 93 Decision president from office after nomination of the accusation of the State Duma of the FS RF; India - Art. 79 President is included in the Parliament. |
|
Participation in the formation of other state authorities
|
art. 94 "Providing confidence or distrust of the chosen government"; Art. 104 "Election of 1/3 of the Supreme Council of Magistracy (SMM) and Vice-Chairman of the SCM"; art. 134 "Appointment of 1/3 members of the Constitutional Court at a joint meeting of the chambers." |
article 67 Appointment of the Prime Minister. |
Art. 53a Education of the Joint Committee Regulation of its work procedure; Formation of half of the Federal Constitutional Court. |
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, the Prosecutor General of the Russian Federation and its first damage. List 2: The Council of the state of India determines the jurisdiction and powers of all courts, with the exception of the Supreme Court. |
|
The possibility of dissolution in the early dissolution of the lower chamber |
art. 88. "The President of the Republic can, having heard chambers, to dissolve both chambers or one of them." |
art. 54 does not dissolve, only meetings are stopped. |
Does not stipulate. |
India Art. 83 Russia - in the context of the "Upper Chamber that is not dissolved." |
Conclusion.
In almost all states in the twentieth century, a number of completely new political and social institutions have appeared, one of which became, despite the fact that he is already known for the first century, the institution of parliamentarism.
On the discovery, it became for Russia: first - the Russian Empire, which at the beginning of the twentieth century created so long that existed the State Duma. At that time, the Russian Empire in the form of the Board remained still monarchy with minor elements of constitutionalism.
Modern domestic parliamentarism began its development relatively recently - from the late 80s - early 90s. Currently, scientific publications develop the principal provisions of the theories of the legal, constitutional state, and the specific problems of the activities of the Parliament are also investigated. At the legislative level in the Constitution and other federal law, the Parliament of the Russian Federation - the Federal Assembly, represents the legislative and representative branch of the authorities, endowed with certain powers and carrying responsibility for their activities.
To date, the legislative power exercised by representative bodies, in the system of separation of the authorities, occupies an extremely important place. In essence, the issues of the organization and functioning of legislative bodies are located in the center of political practice and constitutional legal doctrines.
By virtue of increasing dissemination of universal election law, the importance of parliament as a body representing the whole society is also rising.
However, recently there has been a clear trend in Russia, testifying to the obvious, to one degree or another, limiting the situation of parliament in democratic states towards the role of the president and the government. This and the strengthening of the position of the executive branch, in the hands of which enormous powers are focused in all areas of management activities, and the actual monopolization of the political parties. Decision making moves to the management of political parties, the value of the party bureaucracy is great. Parliamentarians almost never risk to go against public opinion, to a certain extent, losing independence.
In addition, an obvious in the Russian Federation is the problem of the interaction of the president himself and the government, which also has a direct impact on the nature of the relationship between parliament and the president.
As a fundamental moments, this should be allocated here, for example, the extensive authority of the president of the formation and resignation of the government, which in practice usually flow into the "punishment of the guilty government," who has not copied with the president's tasks. At the same time, it is absolutely impossible to establish responsibility here the president himself, since it is not nominally the head of the executive power. The head of the executive power is the Chairman of the Government, who is responsible for the decision taken by the President.
The study of constitutional standards and political practices tests that it is not the most successful model of the semi-presidential republic, which has developed in the Russian Federation, taking into account their own specifics of the country, led to the fact that the powers of the president and parliament in Russia have not yet been balanced, which imposes Fingerprint to the entire public life of the country. Moreover, a tendency is becoming an increasing strengthening of unlimited presidential power, which clearly can lead to the emergence of an unprofant political regime.
In this regard, the views of many lawyers and political scientists faced the change in the structure of the relationship between the authorities in constitutional scales. And most often here refers to the creation of the model of the Presidential Republic, which should ensure the balance of powers between the highest authorities. It was the presidential republic that, according to many, should solve the problem of political competition and ensure the real political responsibility of all branches of state power.
Bibliography:
Constitution of the Russian Federation dated 12.12.1993. as amended dated 21.07.2007
The main law of the FRG of 05/23/1949 as amended from 10/20/1997
Constitution of the Italian Republic dated December 27, 1947. With additions and changes.
Constitution of Japan from 03.05.1947. with additions and changes
Constitution of India from 1950
Federal Law "On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation" of August 5, 2000 as amended dated 21.07.2007
Federal Law "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" from 18.05.2005 as amended dated 24.07.2007
Regulations of the Federation Council (as amended by Chamber Resolutions of June 9, 1999 N 259-SF - NW of the Russian Federation, 1999, N 24, Art. 2921) (with changes and additions)
Regulations of the State Duma (approved by the Duma by Decree of January 22, 1998 N 2134-II GD. - SZ RF, 1998, N 7) (with changes and additions).
"Constitutional law of foreign countries": a textbook / ed. V. O. Lucia, G. A. Vasilevich, A. S. Prudnikova - M., 2001.
"Institutes of Constitutional Law of Foreign States" .- M.: "Gorodets-Edition", 2002.
Onishko N.V. "Parliamentarism as a Constitutional Law Institute" // Journal of Russian Law. 2003. No. 4.
Chirkin V. E. "Constitutional law of foreign countries." - M., 2002.
Kozlova E.I., Kutafin O.E. "Constitutional law of the Russian Federation": a textbook. - M.: Lawyer, 1996.
(hereinafter referred toParliament
PARLIAMENT
(Parliament) The elected body responsible for the adoption of laws and the provision of tax rights to the government. As a rule, it fulfills the legislative function and at the same time provides the government of the personnel, which thus combines legislative and executive power in the Parliamentary Board. The head of government and the Cabinet of Ministers, elected from the majority group in Parliament, should be accountable to parliament, recognizing the principles of collective and personal responsibility applied according to the office and individual ministers. In the event that they cease to enjoy the support of the majority in Parliament and they are subject to a vote of distrust, they are required to resign and enable the opportunity to form another government. The Parliamentary Board systems differ significantly from systems based on the principle of separation of powers, such as in the United States. In the US, the president and members of the Congress are chosen separately, and the staff of the executive power is appointed by the President from among those who are not members of the Congress. The ministers are accountable only to the president who, in turn, is responsible directly and exclusively before voters. The Parliamentary Board systems differ depending on the constitutional role in the parliament, as well as from the electoral and party systems, which determine the composition and political organization of these systems. In England, Parliament has unlimited powers to publish, change or cancel any law, and no other authority, including courts, cannot be considered with its legislative activities. Parliaments of other countries, on the contrary, face restrictions. In Germany, for example, the powers of the National Parliament are limited by the Federal Constitution, which provides autonomous legislative powers to individual lands. The Constitutional Court exists in order to ensure that the Parliament will not receive a single law contrary to the written constitution. The differences between the parliaments of different countries can be explained by analyzing the development of the English Parliament and its international influence, as well as various historical conditions in which different countries have created their parliaments. The English Parliament is one of the oldest, he originates from Vitenaghemot of the Period of Anglo-Saxon Conquest, the Great Council of Normannes and the State Council, first convened by Simon de Montfor in 1264, it can be seen as in the XiX and early twentieth century. The developed parliamentary system ensured political stability and effective management, while political revolutions and coups took place in other countries. The historical role of this parliamentary system as a "mother of parliaments" and its obvious advantages led to the fact that continental Europe wanted to follow her example, and in the countries belonging to the British Empire, it was possible to directly apply this system. British Commonwealth (CommonWealth) still remains one of the most prosperous residents of parliamentarism. Already the historical nature of the development of the English Parliament implies that its main features preceded the emergence of elective democracy. The doctrine of parliamentary sovereignty arose in the struggle for the overthrow of monarchical absolutism: its elective system, originally built on the convening of representatives of the counties, small towns and villages and large cities, thereby anticipate the later arguments in favor of a proportional representation of party electors on a state-based basis; Its party system developed more from the inside of parliament than among the population, and became more and more worked, introducing new arrivals, such as the Labor Party, to such generally accepted postulates as parliamentary sovereignty. Big challenges for national parliaments have created an increase in international economic and political interdependence, which orients the ruling elites for making decisions that are superior. This was especially clearly manifested in the case of the European Union (EU), where, along with joint decision-making decisions, state leaders are a legislative process, which suggests that the EU legislation is the highest to the legislation of each of the participating countries. Among other things, it challenges and the doctrine of parliamentary sovereignty. However, at the same time, anxiety about the insufficient democratic accountability of the process of lawmaking in the EU can lead to a further expansion of the powers of the European Parliament, and this would mean that the center of severity of the study of parliaments can simply move from the National Parliamentary context. In this case, based on the historical conditions for the development of the European Parliament, it can be assumed that its constitutional, electoral and party basis will develop rather along the path of parliamentary systems of continental Europe than in the English sample. It seems unlikely that the developed Parliamentary EU Board system will be created connecting the legislative and executive power.
Politics. Dictionary. - M.: Infra-M, Publisher "All World". D. Andertill, S. Barrett, P. Bernell, P. Berne, and others. General editors: Doctor of Economics Sidiamy I.M.. 2001 .
Parliament
(English. Parliament, it. Parlament, Fr. Parlement from Fr. Parler - to talk) - the highest representative and legislative body of the state that performs the functions of the representative office of the main socio-political forces of the country, legislative activities. Parliament arose in England in HS. But its structure and functions in individual countries, the election procedure is still in the formation and development stage. Thus, the parliament is mainly based on the elected basis, but in the federal states of the parliamentarians may be as follows, presenting the administrative and territorial entities of the subjects of the federations. Depending on the form of the board, the place and role of parliament are different, which is reflected in its functions, receptions and methods of leadership and management of the state and society.
In the Russian Federation, the parliament consists of two chambers: Federation Council and the State Duma. The Federation Council includes two representatives from each subject of the federation - the heads of representative and executive power.
The State Duma is elected by universal direct elections; For a period of 4 years and consists of 450 deputies. A citizen of Russia, which reached 21 years and having the right to participate in elections can be elected to the State Duma deputy.
Deputies of the State Duma work on a professional constant basis. They are prohibited from being in other public service, combining posts in other representative bodies and local governments. Deputies of the State Duma are allowed to deal with only teaching, scientific and other creative activities.
The Federal Assembly (Parliament) is a permanent body. The meetings of both chambers of parliament are open, except for certain cases provided for by the Chamber Regulations.
The Constitution provides for the right to create both chambers of the Federal Assembly of Committees and Commissions. Committees have industry and functional orientation. These are permanent organs of chambers engaged in the development of bills, organizational and other issues. Communities can create subcommates. Commissions are temporary in nature, are created to solve certain tasks.
The powers of both chambers of parliament are defined by the Constitution of Russia. The management of the Federation Council includes: approval and changes in the boundaries between the constituent entities of the Russian Federation; Approval of the presidential decree on the introduction of a military or emergency; Appointment to a number of high-ranking managers and others.
The State Duma takes federal laws; Decides the issue of confidence in the government, the announcement of amnesty, appointment and others.
Shpak V.Yu.
Political science. Vocabulary. - M: RSU. V.N. Konovalov. 2010.
Parliament
(english Parliament, Ot franz. Parler talk)
supreme representative authority. In many countries, Parliament has a special name (for example, the US Congress, the Federal Assembly of the Russian Federation, Norwegian Storting). For the first time was formed in England in the 13th century. as a body of the class representative. As a rule, parliament is elected by the population on the system established by the Constitution and performs legislative functions.
Political Science: Dictionary-Directory. cost. Prof. Four Sciences Sanzarevsky I.I.. 2010 .
Parliament (English Parliament) is the highest representative and legislative body of state power. Actually, the parliament is called this body in the UK, France, Italy, Canada, Belgium. In the USA and most countries of Latin America, it is called Congress, in the Russian Federation - the Federal Assembly, in Lithuania and Latvia - Seimas. Parliaments are unicameral and bipotable. For the first time, the parliament was formed in England in the 13th century as a body of a class representative office. As a rule, parliament is elected by the population on the system established by the Constitution and performs legislative functions.
Parliament members are called parliamentarians (English. Parliamentarian). In the Russian Federation, parliamentarians are deputies of the State Duma and members of the Federation Council. Usually parliamentarians enjoy the right of parliamentary immunity (deputy immunity), which means the inviolability of deputies of parliaments and other representative bodies. Parliamentary immunity prohibits the arrest or attracting a deputy for all his actions to the judicial liability, including those committed not in the performance of parliamentary duties. Parliamentary immunity deputy only uses the deputy mandate during the action of the deputy mandate. The representative body has the right to deprive the inviolability of his member. The limits of parliamentary immunity are governed by constitutions, chambers regulations, constitutional customs, constitutional and parliamentary practice.
Another form of defense of deputies is the parliamentary indemnity (from Lat. Indemnitas - uncertainty) - the principle of the unusualness of parliamentarians. IndevyTee is expressed in the ban on the persecution of the deputy for the actions committed by him in the execution of deputy duties: to pronounce speech in parliament, voting, participation in the work of commissions. Nobody, including the Parliament itself, cannot attract deputies to justice for these actions, even after he has ceased to be a member of Parliament. The indemsential is also called remuneration of deputies for parliamentary activities, including reimbursement of correspondence, trips, communications.
The nominal or actual term of office of the representative body is called parliamentary convocation. In many countries, the numbering of parliamentary conveners is conducted from the date of the institution of the representative body. Discussion by deputies of draft laws or draft resolutions at the plenary session of the Parliament or its separate chamber is called parliamentary debates or parliamentary debates. Parliamentary debates are held in accordance with the procedure established by the Regulation. Joint meetings of the chambers are the form of the work of two-bearent parliaments. Joint meetings are provided for to solve the most important issues within the competence of parliament: the declaration of the state of war or mobilization, state budget approval, the election of the president. In some countries, joint meetings of the Chambers are collected only for solemn cases. According to the Constitution of the Russian Federation, the Chamber of the Federal Assembly jointly heard the Messages of the President of the Russian Federation, the Constitutional Court of the Russian Federation, the speeches of the heads of foreign countries.
The dissolution of the parliament is an element of the constitutional mechanism of state power in parliamentary states and the semi-presidential republics. The right of dissolution of parliament, that is, declarations of early parliamentary elections, belongs to the head of state and is a counterweight institution of the parliamentary responsibility of the government. The traditional for European constitutions of the dissolution of parliament in the Russian Federation was first introduced by the 1993 Constitution. The absence of this institute contributed to the protracted confrontation of the legislative and executive authorities and led to a political crisis in September-October 1993.
Unlike many European constitutions that do not establish specific situations, grounds for dissolution, the Constitution of the Russian Federation limits the possibility of dissolution of parliament. The State Duma cannot be dissolved during the first year of its activity. The President of the Russian Federation cannot dissolve the State Duma in the event of the initiation of the State Duma of the procedure for the regeneration of the President of the Russian Federation from office and in the last six months before the expiration of the term of presidential powers. It is impossible to dissolve the State Duma, if a military or state of emergency has been introduced throughout Russia.
