Constitutional and legal status of the Federation Council of the Russian Federation. Federation Council: constitutional and legal status. Competence of the Federation Council Status of the Federation Council of the Federal Assembly of the Russian Federation

08.06.2024

FEDERAL AGENCY OF MARINE AND RIVER TRANSPORT

FEDERAL STATE EDUCATIONAL INSTITUTION

MARINE STATE UNIVERSITY

named after Admiral G.I. Nevelsky

Department of Documentation Science

ABSTRACT

Federation Council of the Russian Federation: status, formation and organizational structure, work order

Completed by: 2nd year student

Accepted: Ph.D., professor

Vladivostok

Introduction………………………………………………………………………………...3

1. Status of the Federation Council and its members................................................................4

2. Formation and organizational building…………………...5

3. Operating procedure of the Federation Council………………………………………………………………..9

Conclusion…………………………………………………………………………………11

List of used literature and sources………………………………...12

INTRODUCTION

Legislative power is the right and opportunity to issue generally binding normative acts of national importance that are of the most general nature, i.e., to establish rules that define the basis of socially significant behavior and activities of individuals and legal entities, citizens, officials, bodies and institutions state, public associations. Legislative power is considered as an expression of the will of the entire people (although in reality this is not always the case), their interests, and popular sovereignty.

Legislative power is exercised, first of all, by a national representative body, which has the general name “parliament”.

In the Russian Federation, after the adoption of the Constitution of 1993, the Federal Assembly as the parliament of the republic, consisting of the Federation Council and the State Duma, replaced the “two-tier” mechanism of the highest bodies of state power of the Russian Federation, which included the Congress of People’s Deputies and the Supreme Council formed by it Advice.

The Federation Council of the Russian Federation, often referred to as the upper house, consists of members representing all constituent entities of the Russian Federation. The Federation Council is called upon to express the interests of localities, regional opinions and aspirations. At the same time, the Federation Council is a state body of the entire Federation. Its decisions and other expressions of will are addressed not to one or another constituent entity of the Russian Federation, but to the state as a whole, i.e. all over Russia.

1. Status of the Federation Council and its members

The Federation Council exercises state power in the Russian Federation within the limits established by the Constitution of the Russian Federation.

The Federation Council is the subject of the right of legislative initiative.

The Federation Council independently resolves issues within its jurisdiction by the Constitution of the Russian Federation, federal constitutional laws and federal laws, including on issues of strengthening federalism, state security and personnel policy.

The Federation Council operates on a permanent basis.

The status of a member of the Federation Council is determined by the Constitution of the Russian Federation, according to which members of the Federation Council enjoy immunity during the entire term of their powers. They cannot be detained, arrested, searched, except in cases of detention on the spot, and also subjected to personal search, except in cases where this is provided for by federal law to ensure the safety of other people.

In addition, the status of a member of the Federation Council is regulated by the Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” with subsequent amendments.

2. Formation and organizational building

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

The procedure for the formation of the Federation Council before August 8, 2000 was determined by Federal Law of December 5, 1995 No. 192-FZ "" (Collection of Legislation of the Russian Federation, 1995, No. 50, Art. 4869): the chamber consisted of 178 representatives of the constituent entities of the Russian Federation - heads of legislative (representative) and heads of executive bodies of state power (ex officio). All members of the Federation Council combined their duties in the chamber of the federal parliament with duties in the corresponding constituent entity of the Russian Federation.

On August 8, 2000, the new Federal Law of August 5, 2000 No. 113-FZ “” (Collection of Legislation of the Russian Federation, 2000, No. 32, Art. 3336) came into force. Now the chamber consists of representatives elected by legislative (representative) bodies of state power of the constituent entities of the Russian Federation, or appointed by senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation). The term of office of such representatives is determined by the term of office of the bodies that elected or appointed them, however, the powers of representatives may be terminated early by the body that elected (appointed) them in the same manner as a member of the Federation Council was elected (appointed). A citizen of the Russian Federation who is at least 30 years old and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies, may be elected (appointed) as a member of the Federation Council.

Candidates for the election of a representative in the Federation Council from a legislative (representative) body of state power of a constituent entity of the Russian Federation are submitted for consideration of this body by its chairman, and in a bicameral legislative (representative) body - alternately by the chairmen of the chambers. In this case, a group of deputies numbering at least one third of the total number of deputies may submit alternative candidates. The decision to elect a representative from a legislative (representative) body is made by secret ballot and formalized by a resolution of the said body, and of a bicameral legislative (representative) body - by a joint resolution of both chambers.

The decision of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) to appoint a representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation is formalized by a decree (resolution) of the highest official of a constituent entity of the Russian Federation ( head of the highest executive body of state power of a constituent entity of the Russian Federation). The decree (resolution) is sent to the legislative (representative) body of state power of the subject of the Russian Federation within three days and comes into force if, at the next or extraordinary meeting of the legislative (representative) body, two thirds of the total number of its deputies do not vote against the appointment - information of this representative.

The election (appointment) of all members of the Federation Council in accordance with the new Federal Law was basically completed no later than January 1, 2002. At the same time, newly elected (appointed) representatives work in the chamber only on a permanent basis.

The Federation Council elects from among its members the Chairman of the Federation Council, his first deputy and deputies, who conduct meetings and are in charge of the internal regulations of the chamber. In addition, Chairman of the Federation Council E. S. Stroev, who ceased his powers, was elected honorary Chairman of the Federation Council (this title is for life). E. S. Stroev, as well as the Chairman of the Federation Council of the first convocation V. F. Shumeiko, were allocated special places in the meeting hall of the Federation Council and work premises in the chamber building, were issued special certificates and badges, they were endowed with the right of an advisory vote and some others rights.

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

Committees and standing commissions of the Federation Council are permanent bodies of the chamber. All members of the Federation Council, with the exception of the Chairman of the Federation Council, his first deputy and deputies, are members of the committees. A member of the Federation Council can be a member of only one committee of the chamber, and the committee must include at least 7 members of the Federation Council. The composition of the committee or commission is approved by the chamber. The following committees and standing commissions have been formed and operate in the Federation Council:

· Federation Council Committee on Constitutional Legislation;

· Federation Council Committee on Legal and Judicial Issues;

· Federation Council Committee on Federation Affairs and Regional Policy;

· Federation Council Committee on Local Self-Government Issues;

· Federation Council Committee on Defense and Security;

· Federation Council Budget Committee;

· Federation Council Committee on Financial Markets and Money Circulation;

· Commission of the Federation Council for interaction with the Accounts Chamber of the Russian Federation;

· Federation Council Committee on International Affairs;

· Committee of the Federation Council on Affairs of the Commonwealth of Independent States;

· Federation Council Commission on Rules and Organization of Parliamentary Activities;

· Commission of the Federation Council on the methodology for implementing the constitutional powers of the Federation Council;

· Federation Council Committee on Social Policy;

· Federation Council Committee on Youth Affairs and Sports;

· Federation Council Committee on Economic Policy, Entrepreneurship and Property;

· Federation Council Committee on Industrial Policy;

· Federation Council Commission on Natural Monopolies;

· Federation Council Committee on Natural Resources and Environmental Protection;

· Federation Council Committee on Agricultural and Food Policy;

· Committee of the Federation Council on the Affairs of the North and Small Peoples;

· Federation Council Commission on Information Policy;

· Commission of the Federation Council for monitoring the activities of the Federation Council.

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

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

3. Operating procedure of the Federation Council

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

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

The powers of the Federation Council are determined by the Constitution of the Russian Federation. The main function of the chamber is to exercise legislative powers. The procedure for consideration by the Federation Council of federal constitutional laws and federal laws, respectively approved or adopted by the State Duma, is determined by the Constitution of the Russian Federation and the Rules of Procedure of the Federation Council.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council: the federal budget; federal taxes and fees; financial, currency, credit, customs regulation, money issue; ratification and denunciation of international treaties of the Russian Federation; status and protection of the state border of the Russian Federation; war and peace.

A federal law is considered approved by the Federation Council if more than half of the total number of members of the chamber votes for it, and a federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the votes. In addition, a federal law that is not subject to mandatory consideration is considered approved if the Federation Council has not considered it within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to final consideration by the State Duma and the Federation Council.

In addition, the jurisdiction of the Federation Council includes:

Approval of changes in borders between constituent entities of the Russian Federation;

Approval of the decree of the President of the Russian Federation on the introduction of a martial law or state of emergency;

Resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

Calling elections for the President of the Russian Federation;

Removal of the President of the Russian Federation from office;

Appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;

Appointment and dismissal of the Prosecutor General of the Russian Federation;

Appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

A number of federal laws confer on the Federation Council other powers not provided for in the Constitution of the Russian Federation.

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

On issues of jurisdiction of the Federation Council, the chamber, by a majority vote of the total number of members of the Federation Council, unless a different procedure is provided for by the Constitution of the Russian Federation, adopts resolutions.

The Federation Council adopts, which defines in detail the bodies and operating procedures of the Federation Council, the participation of the chamber in legislative activities, and the procedure for considering issues within the jurisdiction of the Federation Council.

CONCLUSION

The organization of legislative work in the Federation Council is carried out in two main areas:

· The Federation Council, together with the State Duma, participates in the development of bills, consideration of laws and decision-making on them;

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

But, according to the Chairman of the Federation Council S.M. Mironov, the main goal of the Federation Council is to strengthen “the federal model of state and legal self-organization of Russia, the unity of its political, socio-economic and cultural space.”

List of used literature and sources

1. Constitution of the Russian Federation. M., “Legal Literature”, 1993.

2. Federal Law of August 5, 2000 No. 113-FZ “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” // Collection of Legislation of the Russian Federation, 2000, No. 3336

3. State law of the Russian Federation./ Ed. Kutafina O.E. M.: - 1996

According to the Constitution of the Russian Federation (Article 94), the Federal Assembly is the parliament of the Russian Federation. Parliament as a state legal institution has a centuries-old history. The first parliaments (English parliament, Spanish Cortes) arose in the 12th-13th centuries. However, the history of modern parliament as a national representative institution, different from the estate representative institutions of feudal times, begins with the era of bourgeois revolutions, after the victory of which parliament becomes the most important organ of the state. It was then that parliamentarism took shape and became widespread - a special system of state management of society, which is characterized by the division of legislative and executive labor with a significant political and ideological role for parliament.

In the Russian Federation, the Federal Assembly as the parliament of the republic replaced the “two-tier” mechanism of the highest bodies of state power of the Russian Federation, which included the Congress of People’s Deputies and the Supreme Council formed by it.

In Art. 94 of the Constitution of the Russian Federation, the Federal Assembly is also characterized as the legislative body of the Russian Federation. In this transfer of legislative power to parliament, the principle of popular sovereignty as the basis of the rule of law is realized. See: Grudtsyna, L.Yu. Problems of implementing constitutional guarantees of the rights and freedoms of citizens / L.Yu. Grudtsina. M., 2008. P. 218..

According to Art. 95 of the Constitution, the Federal Assembly consists of two chambers - the Federation Council and the State Duma. The State Duma represents the entire population of the Russian Federation, and the Federation Council, often referred to as the upper house, consists of members representing all subjects of the Russian Federation. The Federation Council is called upon to express the interests of localities, regional opinions and aspirations. At the same time, the Federation Council is a state body of the entire Federation. Its decisions and other expressions of will are addressed not to one or another constituent entity of the Russian Federation, but to the state as a whole, i.e. all over Russia.

Before the adoption of the new Constitution in the Russian Federation, there was a bicameral highest representative body of state power - the Supreme Council.

However, in reality it functioned as a unicameral body, since most of the competence of the Supreme Council was exercised jointly by both chambers, and a very serious role was played by bodies common to the entire Supreme Council: the Chairman of the Supreme Council and the Presidium of the Supreme Council.

In accordance with the regulations, the Federation Council of the Federal Assembly of the Russian Federation is the “upper” chamber of the Federal Assembly - the parliament of the Russian Federation - the representative and legislative body of the Russian Federation See: Lazarev, V.V. Scientific and practical commentary on the Constitution of the Russian Federation / Ed. V.V. Lazarev. M., 2008. P. 115..

In the Federal Assembly, the chambers independently resolve issues within their jurisdiction in accordance with the Constitution. She establishes in Art. 100 that the chambers can meet together only to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation and speeches by leaders of foreign states.

In this system, the Federation Council is assigned the role of a kind of brake in relation to the State Duma, designed to prevent the possibility of establishing in the Russian Federation the “tyranny of the majority” won in the elections to the State Duma by one or another political force.

The Federation Council exercises state power in the Russian Federation within the limits established by the Constitution of the Russian Federation. The Federation Council is the subject of the right of legislative initiative.

The Federation Council independently resolves issues within its jurisdiction by the Constitution of the Russian Federation, federal constitutional laws and federal laws, including issues of strengthening federalism, state security and personnel policy. The Federation Council operates on a permanent basis.

The constitutional status of the Federation Council is formed by legal norms (institutions) contained in the Constitution of the Russian Federation, other normative acts and characterizing its position as an independent structural unit of the Federal Assembly of the Russian Federation, as well as establishing its competence.

The components (elements) of the constitutional status of the Federation Council also include legal institutions that establish: the procedure for the formation of the Federation Council; status of a member of the Federation Council; powers for self-organization, i.e., the formation of individual internal bodies, the election or appointment of officials heading a particular structure of the Federation Council; rules and procedures of the Federation Council.

When characterizing the constitutional status of the Federation Council, it should be borne in mind that the norms of the constitution determine only the general framework of its powers and procedure. The constitutional provisions relating to the functioning and activities of the Federation Council are specified in federal laws, Regulations, resolutions of the Federation Council, and other legislative acts. According to the Federal Law “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation,” the Federation Council includes two representatives from each constituent entity of the Russian Federation: the head of the legislative (representative) and the head of the executive body of state power, ex officio. Constitution of the Russian Federation Adopted by popular vote on December 12, 1993 Official publication M Legal lit, 1997 64 s Thus, the Federation Council consists of 178 representatives of 89 constituent entities of the Russian Federation. From the point of view of its subject composition, the Federation Council is a chamber designed to reflect the federal structure of the Russian Federation and take into account the interests of its subjects. This model is similar to the German system of education of the Bundesrat - the upper house of the German parliament, which is formed through representation from the states, and not through elections. It is assumed that in this way the interests of the regions can be better taken into account. Therefore, among the fundamental tasks of the Federation Council is the coordination of the interests of the Federation with the interests of each of its subjects; creating such a situation that the benefit of the country as a whole does not result in damage to its individual parts; elimination of contradictions between the constituent entities of the Russian Federation, on the one hand, and the federal center, on the other, etc.

In the hierarchy of elements of the constitutional status of the Federation Council, the norms regulating its competence are of particular importance. According to Art. 102 of the Constitution of the Russian Federation, the relevant legislative norms fall under the jurisdiction of the Federation Council:

1) approval of changes in borders between the constituent entities of the Russian Federation;
2) approval of the decree of the President of the Russian Federation on the introduction of martial law;
3) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
4) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
5) calling elections for the President of the Russian Federation;
6) removal of the President of the Russian Federation from office;
7) appointment to the position of judges of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation, members of the Presidium of the Supreme Court of the Russian Federation, judges of the Supreme Court of the Russian Federation, Chairman of the Supreme Arbitration Court of the Russian Federation, Deputy Chairman of the Supreme Arbitration Court of the Russian Federation Federation, judges of the Supreme Arbitration Court of the Russian Federation, judges of the Economic Court of the Commonwealth of Independent States;
8) appointment and dismissal of the Prosecutor General of the Russian Federation, the First Deputy Prosecutor General of the Russian Federation and the Deputy Prosecutor General of the Russian Federation;
9) appointment and dismissal of the Deputy Chairman of the Accounts Chamber of the Russian Federation and half of its auditors;
10) appointment and dismissal of members of the Central Election Commission of the Russian Federation;
11) consideration of issues of foreign policy and inter-parliamentary cooperation;
12) holding consultations on issues of appointment and recall of diplomatic representatives;
13) preparation, consideration and adoption of the appeal of the Federation Council to the Constitutional Court of the Russian Federation. Constitution of the Russian Federation Adopted by popular vote on December 12, 1993 Official publication M Legal lit, 1997 64 p.

The Constitution of the Russian Federation also contains other provisions relating to the competence of the Federation Council, its legislative activities, internal organization, work procedure, and status of a member of the Federation Council.

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

On August 8, 2000, the new Federal Law of August 5, 2000 113-FZ came into force "On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation". Now the chamber consists of representatives elected by legislative (representative) bodies of state power of the constituent entities of the Russian Federation, or appointed by senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation). The term of office of such representatives is determined by the term of office of the bodies that elected or appointed them, however, the powers of representatives may be terminated early by the body that elected (appointed) them in the same manner as a member of the Federation Council was elected (appointed). A citizen of the Russian Federation who is at least 30 years old and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies, may be elected (appointed) as a member of the Federation Council.

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

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

The Federation Council elects from among its members Chairman of the Federation Council, his first deputy and deputies, who conduct meetings and are in charge of the internal regulations of the chamber. In addition, the Chairman of the Federation Council E.S. Stroev, who ceased his powers, was elected Honorary Chairman of the Federation Council(this title is for life). E.S. Stroev, as well as the Chairman of the Federation Council of the first convocation V.F. Shumeiko, were allocated special places in the meeting hall of the Federation Council and work premises in the chamber building, were issued special certificates and badges, they were endowed with the right of an advisory vote and some other rights.

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

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

Federation Council Committee on Constitutional Legislation;
- Federation Council Committee on Legal and Judicial Issues;
- Federation Council Committee on Federation Affairs and Regional Policy;
- Federation Council Committee on Local Self-Government Issues;
- Federation Council Committee on Defense and Security;
- Federation Council Budget Committee;
- Federation Council Committee on Financial Markets and Monetary Circulation;
- Commission of the Federation Council for interaction with the Accounts Chamber of the Russian Federation;
- Federation Council Committee on International Affairs;
- Committee of the Federation Council on Affairs of the Commonwealth of Independent States;
- Federation Council Commission on Rules and Organization of Parliamentary Activities;
- Federation Council Commission on the methodology for implementing the constitutional powers of the Federation Council;
- Federation Council Committee on Social Policy;
- Federation Council Committee on Science, Culture, Education, Health and Environment;
- Federation Council Committee on Youth Affairs and Sports;
- Federation Council Committee on Economic Policy, Entrepreneurship and Property;
- Federation Council Committee on Industrial Policy;
- Federation Council Commission on Natural Monopolies;
- Federation Council Committee on Natural Resources and Environmental Protection;
- Federation Council Committee on Agricultural and Food Policy;
- Committee of the Federation Council on the Affairs of the North and Small Peoples;
- Federation Council Commission on Information Policy;
- Commission of the Federation Council for monitoring the activities of the Federation Council.

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

Powers of the Federation Council determined by the Constitution of the Russian Federation. The main function of the chamber is to exercise legislative powers. The procedure for consideration by the Federation Council of federal constitutional laws and federal laws, respectively approved or adopted by the State Duma, is determined by the Constitution of the Russian Federation and the Rules of Procedure of the Federation Council.

The organization of legislative work in the Federation Council is carried out in two main areas:

The Federation Council, together with the State Duma, participates in the development of bills, consideration of laws and adoption of decisions on them;

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

In addition, the jurisdiction of the Federation Council includes:

Approval of changes in borders between constituent entities of the Russian Federation;

Approval of the decree of the President of the Russian Federation on the introduction of martial law or a state of emergency;

Resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

Calling elections for the President of the Russian Federation;

Removal of the President of the Russian Federation from office;

Appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;

Appointment and dismissal of the Prosecutor General of the Russian Federation;

Appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

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

The Federation Council accepts Regulations, which defines in detail the bodies and operating procedures of the Federation Council, the participation of the chamber in legislative activities, and the procedure for considering issues within the jurisdiction of the Federation Council.

Status of a member of the Federation Council is determined by the Constitution of the Russian Federation, according to which members of the Federation Council enjoy immunity during the entire term of their powers. They cannot be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to personal search, except in cases where this is provided for by federal law to ensure the safety of other people.

The Federation Council is the “upper” house of the Federal Assembly - the parliament of the Russian Federation. The Federation Council includes: two representatives from each subject of the Russian Federation - one each from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, the number of whom is no more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The Federation Council is the “upper” house of the Federal Assembly - the parliament of the Russian Federation.

The Federation Council includes: two representatives from each subject of the Russian Federation - one each from the legislative (representative) and executive bodies of state power; representatives of the Russian Federation appointed by the President of the Russian Federation, the number of whom is no more than ten percent of the number of members of the Federation Council - representatives from the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The procedure for the formation of the Federation Council before August 8, 2000 was determined by Federal Law of December 5, 1995 No. 192-FZ “On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation” (Collection of Legislation of the Russian Federation, 1995, No. 50, Art. 4869): chamber consisted of 178 representatives of the constituent entities of the Russian Federation - heads of legislative (representative) and heads of executive bodies of state power (ex officio). All members of the Federation Council combined their duties in the chamber of the federal parliament with duties in the corresponding constituent entity of the Russian Federation.

On August 8, 2000, Federal Law No. 113-FZ of August 5, 2000 “On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation” came into force (Collection of Legislation of the Russian Federation, 2000, No. 32, Art. 3336). The chamber included representatives elected by legislative (representative) bodies of state power of the constituent entities of the Russian Federation, or appointed by senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation). The term of office of such representatives was determined by the term of office of the bodies that elected or appointed them, however, upon the proposal of the Chairman of the Federation Council, the powers of a member of the Federation Council could be terminated early by the body that elected (appointed) him in the same manner in which he was elected (appointed) as a member of the Federation Council . A citizen of the Russian Federation who is at least 30 years old and who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to government bodies, could be elected (appointed) as a member of the Federation Council.

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

Powers of a member of the Federation Council () began from the date of entry into force of the decision on his election (appointment) by the relevant government body of the subject of the Russian Federation. An elected (appointed) member of the Federation Council began to exercise his powers on the tenth day from the date of entry into force of the decision on his election (appointment) by the relevant government body of the constituent entity of the Russian Federation.

Candidates for the election of a representative in the Federation Council from the legislative (representative) body of state power of a constituent entity of the Russian Federation were submitted for consideration of this body by its chairman, and in a bicameral legislative (representative) body - alternately by the chairmen of the chambers. At the same time, a group of deputies numbering at least one third of the total number of deputies could submit alternative candidates. The decision to elect a representative from the legislative (representative) body was made by secret ballot and formalized by a resolution of the said body, and of a bicameral legislative (representative) body - by a joint resolution of both chambers.

The decision of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) to appoint a representative in the Federation Council from the executive body of state power of a constituent entity of the Russian Federation was formalized by a decree (resolution) of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power subject of the Russian Federation).

On January 1, 2013, it came into force, according to which the powers of a member of the Federation Council are vested accordingly by the legislative (representative) body of state power of the subject of the Russian Federation of the new convocation and the newly elected highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) for the term of office of the specified government body of the constituent entity of the Russian Federation.

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

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

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

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

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

The decision to vest the powers of a member of the Federation Council - a representative from the executive body of state power of a subject of the Russian Federation must be made by the newly elected highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation) no later than the next day after the day of his entry into office. job title. This decision is formalized by a corresponding decree (resolution).

The government body of a constituent entity of the Russian Federation that has made a decision to confer powers on a member of the Federation Council, no later than the day following the day the decision comes into force, sends it to the Federation Council and posts it on its official website on the Internet information and telecommunications network.

The powers of a member of the Federation Council begin on the date of entry into force of the decision of the relevant government body of the constituent entity of the Russian Federation on vesting him with the powers of a member of the Federation Council. The powers of a member of the Federation Council are terminated from the date of entry into force of the decision of the relevant government body of the constituent entity of the Russian Federation on conferring powers on a new member of the Federation Council - a representative from the same government agency of the constituent entity of the Russian Federation.

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

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

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

The Federation Council elects from among its members the Chairman of the Federation Council, his first deputy and deputies, who conduct meetings and are in charge of the internal regulations of the chamber. In addition, Chairman of the Federation Council E. S. Stroev, who ceased his powers, was elected honorary Chairman of the Federation Council (this title is for life). E.S. Stroev, as well as the Chairman of the Federation Council of the first convocation V.F. Shumeiko, were allocated special places in the meeting hall of the Federation Council and work premises in the chamber building, were issued special certificates and badges, they were endowed with the right of an advisory vote and some other rights.

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

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

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

The Federation Council formed:

Federation Council Committee on Constitutional Legislation and State Building;

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

Federation Council Committee on Defense and Security;

Federation Council Committee on International Affairs;

Federation Council Committee on Budget and Financial Markets;

Federation Council Committee on Economic Policy;

Federation Council Committee on Agricultural and Food Policy and Environmental Management;

Federation Council Committee on Social Policy;

Federation Council Committee on Science, Education and Culture;

Federation Council Committee on Rules and Organization of Parliamentary Activities.

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

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

The organization of legislative work in the Federation Council is carried out in two main areas:

The Federation Council, together with the State Duma, participates in the development of bills, consideration of laws and adoption of decisions on them;

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

A federal law is considered approved by the Federation Council if more than half of the total number of members of the chamber votes for it, and a federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the votes. In addition, a federal law that is not subject to mandatory consideration is considered approved if the Federation Council has not considered it within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to re-consideration by the State Duma and the Federation Council.

In addition, the jurisdiction of the Federation Council includes:

approval of changes in borders between constituent entities of the Russian Federation;
approval of the decree of the President of the Russian Federation on the introduction of martial law or a state of emergency;
resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
calling elections for the President of the Russian Federation;
removal of the President of the Russian Federation from office;
appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation;
appointment and dismissal of the Prosecutor General of the Russian Federation and Deputy Prosecutors General of the Russian Federation;
appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

A number of federal laws confer on the Federation Council other powers not provided for in the Constitution of the Russian Federation.

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

The Federation Council adopts the Rules of Procedure, which define in detail the bodies and operating procedures of the Federation Council, the participation of the chamber in legislative activities, and the procedure for considering issues within the jurisdiction of the Federation Council.

The status of a member of the Federation Council is determined by the Constitution of the Russian Federation, according to which members of the Federation Council enjoy immunity during the entire term of their powers. They cannot be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to personal search, except in cases where this is provided for by federal law to ensure the safety of other people.