The procedure for the formation of the Council of the Federation of the Russian Federation is determined by the corresponding Federal Law. The fundamental principles for creating this body are also established in the Constitution. Let us further consider who is a member of the Federation Council. The formation procedure, the powers of this body will also be described in the article.
General information
Federal Assembly, in accordance with Art. 95 of the Constitution, consists of the State Duma and the Federation Council. The first chamber acts as representative body the entire population of the country. The procedure for the formation of the Federation Council is such that it includes senior officials from each subject. The Federation Council is designed to express regional, local opinions. Along with this, it is also the state body of the whole country (this confirms its formation procedure). The competence of the Federation Council does not apply separately to a particular subject. His will and decisions are addressed to all of Russia, to the entire state as a whole.
Federation Council: composition, formation procedure
As mentioned above, the Federation Council includes representatives of each subject. Two authorized persons are appointed from the region: one from the legislative and executive bodies of state power. Thus, a structure is created. The Federation Council, the formation procedure of which provides for a certain scheme for the election of representatives, together with the State Duma creates an Accounts Chamber. A citizen of a country whose age is not less than 30 years can become a member of the Federation Council. The candidate, in addition, must have the right to vote.
Appointment of Federation Council members
The representative of the legislative body of state power from the subject is selected by the same body for the term of his powers. The candidacy is introduced by the chairman. A group of deputies, the number of which is not less than 1/3 of the total number of members of the legislative body, may make a proposal to consider alternative candidates. A representative of the executive branch of the region is appointed by the person holding the highest position in the subject. According to the Law governing the formation of the Federation Council, the decision of the legislative body on the election of a member of the Federation Council is made by secret ballot.
The results are documented by appropriate regulation. When nominated from a bicameral legislative body, an appropriate normative act is adopted from both chambers. The decision taken by the highest official on the appointment of a member of the Federation Council is formalized by Decree. According to the law establishing the procedure for the formation of the Federation Council, a document comes into effect if at an extraordinary or scheduled meeting of the legislative body 2/3 of the total number of deputies does not vote against the candidate. The adopted executive decree should be sent for consideration within three days. According to the law determining the formation of the Federation Council, decisions on the appointment of members are sent to the Federation Council within 5 days from their entry into force.
Tasks of the Federation Council
The competence of the Council of the Federation includes consideration of issues relating to:
- approval of changes in borders between regions of Russia;
- the appointment of the election of the President of the country;
- approval of the decree of the head of state on the introduction of wartime or a state of emergency;
- the removal of the President of the country from his post;
- the appointment of judges of the Supreme and Constitutional, Arbitration (Higher) courts;
- approval of the candidacy and removal from the post of the Prosecutor General;
- appointment and dismissal of the deputy chairman of the Accounts Chamber and 50% of its auditors.
Additional authority
The Federation Council appoints authorized persons of the CIS Economic Court. Acceptance of candidates is carried out in the manner prescribed for the formation of the judiciary of the EAC. According to Art. 12 of the Federal Law, which establishes for citizens of Russia the basic guarantees of suffrage and the opportunity to participate in a referendum, the Federation Council can consider the proposals of the President and prepare conclusions on the recall or appointment of a diplomat. country representatives in international organizations and other states.
Activities of the Federation Council
The functioning of the Federation Council is established by the Constitution, relevant Federal Laws, Regulations and decisions adopted by the Federation Council. The highest person in the body is the Chair. He is elected from the Federation Council. The Vice-Chairpersons are responsible for the internal routine of the chamber. They also hold meetings of the Federation Council. The Federation Council creates commissions and committees, and hearings are held on issues related to its activities. In the Federation Council, the formation of parliamentary associations and factions is prohibited. Meetings of the Federation Council are held in Moscow. In order to ensure a collegial and operational consideration of urgent issues related to the activities of the Federation Council, its functioning, the Chamber Council is created. It acts as a permanent collegial body. It consists of the Chairman of the Federation Council, deputies, heads of commissions, including the department for parliamentary procedures and regulations, and committees.
Features of the meetings of the Federation Council
Hearings are held from September 16th to July 15th. A meeting shall be deemed valid if more than half of the total number of members, which is 178 people, has appeared. The primary issues to consider are:
- Messages and messages of the President.
- Amendments to chapters 3-8 of the Constitution, draft laws that are adopted in the State Duma and are subject to mandatory review.
- Proposals for the revision of the rules described in chapters 1, 2, 9 of the Constitution.
- Draft decisions of the Federation Council on matters relating to its jurisdiction.
- Suggestions for sending requests to the COP.
- Federal laws adopted by the State Duma regarding the denunciation and ratification of international treaties of the Russian Federation.
Required Issues
Their list is established by Art. 106 of the Constitution. The issues that are necessarily considered include the Federal Law adopted by the State Duma regarding:
- Federal fees and taxes.
- Customs, credit, currency, financial regulation and money issue.
- Federal budget.
- Protection and status of the state border of Russia.
- Peace and war.
In practice, at the meetings of the Federation Council, most of the laws adopted by the State Duma are considered. According to Art. 105, part 4 of the Constitution, the Federal Law is considered approved if more than half of the total number of members cast their vote or it has not been reviewed within 14 days. If the law is rejected, the chambers have the right to form a conciliation commission with the aim of overcoming the differences that arose during the discussion. After this, the Federal Law is re-examined by the State Duma. The adopted Federal Laws are sent by the President within 5 days for signing and subsequent publication.
Legislative initiative
The Federation Council has ample opportunities. So, the body has the right to submit to the State Duma draft federal laws or constitutional provisions, proposals for revision and amendments to the latter. In this case, it is also worth considering that the representative bodies of the regions have a similar opportunity. Of the 723 entities vested with the right of legislative initiative, more than 1/3 represent the interests of the territorial units of Russia at the federal level. Such representation in world practice is extremely rare. Another manifestation of legislative initiative is the ability to amend the text of the draft Federal Law in the process of its consideration by the State Duma.