In the modern political system of the country, which emerged after the adoption of the Constitution in 1993, parliamentary control in the Russian Federation has become an urgent legal phenomenon that needs to be carefully studied. To ensure the normal functioning of the policy of checks and balances, it was clearly not enough to simply divide the 3 branches of government: legislative, executive and judicial. During this period, it was still possible to notice a sharp imbalance in the various branches in practice, therefore, parliamentary control over the government gradually got on the agenda. This topic is relevant not only in the context of Russia, but also the rest of the world, especially countries characterized by high economic development, wishing to establish democratic values. With the advent of parliamentary financial control, an effective tool has emerged with the help of which public representatives have the opportunity to exercise control over authorities to establish greater transparency.
Concept of control
Before defining the term itself, you should first understand what scientists mean by the word "control." It is impossible to find a single, approved concept for a given word in any law book. For some, this is an element, an institution, a means, a phenomenon, others are based on the words guarantor, regulator, condition. All this leads to the fact that the concept of control is considered multifaceted and completely individual from the approach. However, in general, many authors agree that control is a check of the activity of someone or something, the decisions made that help to find out the existing shortcomings and the reasons for their appearance. All this makes control one of the functions of social management.
History reference
The first attempts to establish state control began in August 1905, when representatives of the people were given the opportunity to participate in monitoring the work of the authorities. This concept has not yet been adjusted, but the first rudiments of the future institute began to appear. However, imperial power simply could not give anything more. The second round began after the formation of the USSR. During this period, all control functions went to the Soviets, therefore, the concept of "parliamentary control" a priori did not exist.
The final stage of formation began only after the collapse of the USSR. The Constitution was adopted, which divided the branches of government, and therefore the institution of parliamentary control has undergone drastic changes. At the beginning of its development, almost all control functions were transferred to the Accounts Chamber, therefore there was no independent body.
The concept
For any state that claims to be democratic, it is natural to separate the various branches of government. They are necessarily carried out by various bodies that cannot suppress each other and in any way interfere with the work. However, the system of checks and balances could not fully cope with its responsibilities, which led to the presence of urgent problems for political scientists, who noticed that in practice the executive branch has a tendency to have a stronger role than the legislative one. It is here that parliamentary control comes to the rescue.
In various literature there are several concepts for this term, which completely depend on the opinion of the scientist. In fact, parliamentary control in the Russian Federation can be called one of the forms of state control that is administrative or political in nature.The term itself means activities based on democratic principles that are carried out exclusively by the Russian parliament or other bodies approved for this purpose, in order to ensure control over the activities of the authorities and officials who serve in them. In addition, the competence of this issue includes the protection of the rights and freedoms of man and citizen of the country.
Parliamentary Control Laws
In the process of its formation in Russia, the legislative bodies devoted most of their time to improving the legislation, largely pushing control functions to the background. This led to the fact that in a scientific sense, forms of parliamentary control began to appear relatively recently. However, the legislative framework for this function is not small. First of all, it is enshrined directly in the Constitution of the country, which is the main law on which all branches of government rely. According to chapter 5 of this document, the parliamentary control body has the following number of control powers:
- government budget execution;
- compliance with the rights and freedoms of man and citizen in the country;
- for the activities of authorities;
- in the field of public administration in the field of personnel powers;
- for the implementation of foreign and domestic policies of the country.
In addition to the constitution itself, another document occupies a prominent place in the field of the control function. It is the Federal Law "On Parliamentary Control" adopted in 2013. It clearly describes not only the main features, but also the individual forms that are used in the field of control.
Goals
When an ordinary person hears about parliamentary control, he usually believes that his goal is limited by the legality of the actions of other state bodies and officials. However, a complete list is by no means exhaustive. Additionally, the parliament should check the appropriateness of their actions regarding existing legislation in the field of executive power. But at the same time, parliamentary control has its own nuances, since their methods of response are quite different. First of all, this is justified by the fact that the Russian parliament cannot apply any coercive measures. It remains in their authority to send applications and appeals to higher persons who are obliged to take measures.
Forms of Parliamentary Control
For the normal implementation of any control activity, it is very important to know the forms in which it can be implemented. Basically, in legal literature they are divided into the following groups:
- Organizational and legal - bodies that are formed by the chambers of the legislature to carry out directly control activities. These include the Accounts Chamber, the Presidential Commissioner, as well as other commissions and committees.
- Functional legal forms are directly implemented through sessions and meetings of chambers, various investigations and examinations.
- Procedural and legal forms relate to reports and reports of government representatives, the right of a deputy’s request and question, as well as the establishment of trust or distrust of the president and the government, up to the removal of the head of state from his post.
Parliamentary Inquiries
Recently, the most important step in terms of parliamentary oversight has been the establishment of an institute of investigation by parliament. This institution has long been used in practice in Western countries in cases where it is necessary to study carefully existing events and circumstances that may be associated with a violation of the law by government officials. Despite the fact that such a practice in Russia appeared in 1906 under the auspices of the State Duma, a unified definition of the concept was not given until 2003.Now, parliamentary investigation refers to the form of control by the chambers of the Federal Assembly over the activities of federal bodies and officials (with the exception of the president) in order to strengthen the democratic order in the country and the normal functioning of the state.
Principles of Parliamentary Inquiry
Any investigation must necessarily be based on the following set of principles, which are considered fundamental and reflect the essence of the institution:
- the principle of legality - the steady observance of legal requirements;
- the principle of respect and observance of the rights and freedoms of man and citizen;
- the principle of respect for the honor and dignity of the individual;
- the principle of the equality of all citizens before the law, despite their status and origin;
- principle of democracy;
- principle of separation of powers;
- the principle of collegiality of parliamentary investigations - no investigation can be conducted by only one person.
In addition to the above principles, there are a number of others that must be taken into account during the investigation.
Other forms
In addition to parliamentary investigations, there are other forms of control:
- The State Duma may consider trust in the Government of the Russian Federation.
- The chambers and committees of the Federal Assembly and the Accounts Chamber have the ability to control in the sphere of budgetary legal relations.
- The State Duma annually hears reports on the activities of the Government and the Central Bank.
- The Federal Assembly of the Russian Federation may send representatives to organizations to receive feedback on their activities.
- Hold parliamentary hearings on pressing issues.
Conclusion
In a modern state, parliamentary control is of particular importance, helping to ensure the existing system of checks and balances. However, in practice, efficiency requires an opportunity for parliament to carry out its activities without hindrance, as well as an opportunity to make the authorities responsible for their actions. That is why controlling activity depends on a huge number of factors, both subjective and objective. In such a situation, even the “human factor” can play a huge role. The competence of the people involved in this activity comes to the fore. In general, the institute of control still needs much further development, as well as legislative consolidation.