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The procedure for adopting the law. Discussion of the bill. Reading laws in the State Duma. New law

Adoption of federal laws in Russia it is carried out according to certain rules. Regulatory acts provide for several stages that a document must pass before it is approved. Consider furtherhow laws are passed. adoption procedure

General information

The adoption of laws in Russia is carried out by the State Duma. After approval, they are sent to the Federation Council for approval. In the absence of complaints from the Federation Council, the law is passed on to the president for signature. After that, the normative act is officially made public. In this way, adoption of laws quite difficult. This is due to the need to exclude the creation of ill-conceived, precocious, and in some cases erroneous regulations. Besides, procedure for consideration and adoption of federal law by the State Duma allows you to resolve the issue regarding the financing of its implementation. The established rules are aimed at avoiding contradictions in the existing legal system.

The legislative process in the Russian Federation

It involves the commission of certain actions by authorized state bodies. The procedure for adopting the law goes through four stages. At the first, a legislative initiative is being implemented. The next step is reading laws in the State Duma. As a rule, it is carried out three times. After making all amendments and approval by deputies, the act is sent to the Federation Council. Further, as mentioned above, the act is signed by the president.

Initiative

It is owned by the president, Federation Council and its members, deputies of the State Duma, the government of the Russian Federation. In addition, the legislative initiative has been vested in the representative bodies of the regions, the Constitutional Court, the Armed Forces, the EAC. Moreover, the courts may propose legal acts on issues within their competence. At its core, the initiative is the right of a number of bodies and their employees to submit bills for discussion. This action gives rise to the obligation of the country's Highest Representative Structure to study them. The circle of subjects with the initiative is quite narrow. This is due to a number of important circumstances. First of all, expanding the list of subjects will lead to the fact that the Supreme Representative Body will spend a large amount of time resolving issues of rejection or acceptance of proposals. In addition, the above structures and officials have the necessary amount of information about social life in the state, which cannot be said about many other government agencies and citizens. discussion of the bill

Training

Any new law must correspond to reality, reflect decisions appropriate to existing conditions. Accordingly, the preparation of a normative act begins with the identification of the most pressing social needs. At the same time, a comprehensive study of the practice, proposals of government agencies, scientific data, opinions of political associations, other public organizations, as well as citizens is carried out. New law can prepare different organs. As a rule, the industry principle applies. He assumes that the preparation of a specific proposal is carried out by the structure engaged in the relevant field. Meanwhile, experts believe this approach is not always flawless. In some cases, a special commission is formed.

Procedure for adopting and amending the law

The prepared act is sent to the highest representative body. Going on here discussion of the bill. As mentioned above, consideration of the act is carried out three times. The first reading involves an analysis of the general provisions, the second - a thorough study of the details, amendments, the third - approval or disapproval. Approval is carried out by a majority of deputies. Constitutional Law Adoption Procedure requires approval of 2/3 of the vote. Consideration of the proposal begins with the report of the representative of the region from which it came. After this, the conclusion is given by the profile committee. Having heard it, the deputies proceed to the assessment and analysis of the normative act, make amendments. Changes to existing laws are similarly approved. Approval of a normative act is carried out by open voting. Moreover, it can be carried out both in relation to the entire document as a whole, and its individual articles. Within five days, the act is sent to the Federation Council. SF is required to study it within 14 days. If the act was not considered within this period, then it is considered automatically approved. After that - also in a 14-day period - the document is handed over to the president.

Approval in SF

The legislative process in the Russian Federation includes the stage of consideration of the act in the Council of Federations. The Federation Council may approve or reject the document. To approve the act requires more than 50% of the vote of the total number of members. Approval of constitutional laws is carried out by 3/4 of the vote. reading laws in the State Duma

President signing

Law Adoption Procedure will not be considered complied with if the act has not been reviewed by the head of the country. Even if the document was approved by the Federation Council, in the absence of the signature of the first person of the state, it does not have legal force. Moreover, the president has the right to veto. If the act is rejected by the head of state, he returns to the State Duma for revision. However, the veto may be withdrawn if in the previously approved version more than 2/3 of the State Duma deputies and the Federation Council members vote for the document. In such a situation, the President is required to sign a regulatory act within a week.

Publishing

Adoption of laws in the Russian Federation ends with the release. The act signed by the Head of the country is published in official sources within a week. If the document does not stipulate other conditions for entry into force, the document becomes legal 10 days after publication. Approved and signed normative acts are placed in a publicly accessible official publication. They are, in particular, "Rossiyskaya Gazeta", "Meeting of the legislation of the Russian Federation." Publication is necessary to familiarize the company with the approved act. Otherwise, it is impossible to apply sanctions for violation of the norms of which the subjects are not aware, and in general, demand the fulfillment of established requirements.

The specifics of the rules

Consider some features of the adoption of laws. Key provisions regarding the consideration of acts are enshrined in the Regulations of the State Duma. This document established that the study of the law is carried out in three readings. During the first, only fundamentally important, key provisions of the document are examined. If the deputies do not have disagreements on them, the act is transmitted with all the initial amendments to the relevant committee of the parliament. This body is responsible for preparing and passing the law for discussion. The committee also has the obligation to finalize the act taking into account comments and suggestions. After completion of the work, the document is transferred to the State Duma for a second reading. As mentioned above, at this stage there is a detailed study of the rules as amended. In the absence of disagreement, the project is again sent to the same profile committee. At the last stage of consideration, amendments and proposals affecting the content of the document are not allowed. On the third reading, editorial adjustments may be made. At the final stage of consideration, deputies decide on the final approval or non-approval of the act.  how laws are passed

SF actions

Legislation and regulations of the Federation Council require consideration of acts within two weeks. Meanwhile, some documents may not be studied by the Federation Council. In this case, they are automatically considered approved and sent further to the president. In this case, a list of acts is established, the consideration of which is mandatory for the Federation Council. These include, first of all, constitutional laws. These acts should be studied in detail in the Federation Council. In addition, documents relating to:

  1. Federal budget, taxes and fees.
  2. Questions of customs, issue, credit, currency, financial regulation.
  3. Status and protection of the state border of the country.
  4. Peace and war.
  5. Denunciation and ratification of international agreements with the participation of Russia.

Dispute Resolution

Adoption of federal laws far from always the first time. In some cases, differences arise between the Federation Council and the State Duma. More precisely, the State Duma does not always agree with the reasons for the rejection of the Federation Law. In this situation, a conciliation commission is formed. After overcoming the differences, the bill is sent for re-consideration. Moreover, if at the next vote no less than 2/3 of the total number of deputies spoke for the document, it will be considered approved.

President's veto

After the law is approved by both houses, it is signed by the head of state. In a 14-day period, the president either signs it or rejects it. Veto acts as one of the tools to maintain a balance of power. It aims to contain the legislative branch. The essence of the veto is the president’s refusal to put his signature on the document. Accordingly, it will not receive legal force, even if it is made public. adoption of laws

Types of failure

Veto can be relative or absolute. In the latter case, the parliament does not have the opportunity to overcome it. Accordingly, the law is no longer being considered. The absolute veto was possessed by the emperor of Russia. Relative failure can be overcome by parliament. Law Adoption Procedure provides certain rules for the removal of the veto. If the president rejected the document within 14 days, then the State Duma and the Federation Council consider it again. If, during the second discussion, the law receives approval of at least 2/3 of the total composition of the parliament, the Head of the country must sign it. Moreover, the act should be approved in the original (rejected by the president) version. I.e adoption procedure significantly reduced, since amendments to it are not introduced. After signing the act again by the parliament, the president is given a week to sign it.

The nuances of disclosure

The purpose of this stage is to bring the provisions of the approved normative act to the attention of the population. Disclosure may be informal and official. The latter is carried out under article 15 of the Constitution. It says that normative legal acts approved by established rules should be officially published. Documents not placed in relevant publications are not subject to application. Any normative legal acts relating to the rights, duties, freedoms of man and citizen cannot be implemented if they are not officially published and brought to the public. Unofficial disclosure is made in the form of a statement of their content or a message about their publication in radio, television programs, the media, etc. Reference to such acts when drawing up official documents, making decisions affecting the rights, freedoms and duties of citizens is not allowed. The promulgation is carried out on behalf of the body that issued the law or signed it. adoption of laws in rf

Term

A certain period is set for publication. Its duration depends on the type of law that has been passed. The main dates are fixed in Federal Law No. 5 of 1994.It says that the FKZ, federal laws should be published within seven days from the date of their signing by the president. Placement in the relevant editions of acts of the FS chambers is carried out no later than 10 days. from the moment they are approved. The official publication of the above documents will be considered the first statement of its full text in the "Russian Newspaper", "Collection of Legislation of the Russian Federation" or "Parliamentary Newspaper". FZ and FKZ are sent for publication by the president. Acts of the chambers of the FS are transmitted by the chairman of the Federation Council or the State Duma or his deputy. Any of these documents takes effect simultaneously throughout the country after 10 days. after publication.

Other regulations

In addition to laws, by-laws are also adopted in the Russian Federation. These documents are approved by various state bodies and are aimed at concretizing the provisions of the Federal Law and the Federal Law. By-laws are considered a secondary link in the regulatory system. It supplements the primary provisions, more specifically regulates various groups of relations in society. Along with this, such acts act as normative. They are official documents that include generally binding rules. The adoption of by-laws is carried out mainly by executive structures. Such documents usually have specific names. For example, resident decrees, government decrees, ministry orders relate to by-laws. At the regional level, executive bodies also operate. They have the right to adopt by-laws. These bodies include administrations, governments, administrations, departments, etc. The procedure for approving by-laws is established by the regulations on the respective authorized structures. The main requirement that is presented to these documents is the mandatory compliance of the Federal Law and the Federal Law. If contradictions in the provisions are revealed, then laws adopted at the federal level are subject to application.

The specificity of the action of legal acts in time

After adoption procedure completed, it is starting to apply across the country. The duration of the act is counted from the date of its entry into force, and ends - from the moment of its loss. The latter may be due to various reasons. One of the most common is the expiration of the legal period. For example, a state of emergency for one month was introduced. Also, the termination of an action may be connected with the repeal of the law by another document, the replacement of the current edition with a new one, etc. As a rule, regulatory legal acts do not have retroactive effect. This means that if the subject has committed any violation, the provisions that were in force during this event will be applied to him. The exception is cases where a newly approved act eliminates or mitigates liability for unlawful behavior, and other specially stipulated situations. the procedure for passing the law goes through four stages

Action in space

Laws adopted in the prescribed manner apply to certain territories. For example, FKZ operate throughout the country. The federal law governing the provision of the Far Eastern hectare currently only applies to the territory of the Far East. Some legal acts may apply outside the state. However, this requires the inclusion of special reservations in international agreements concluded by the Russian Federation with other countries. As a rule, laws apply to absolutely all persons within the state. They include not only direct citizens of the country, but also stateless persons, as well as foreigners. If it is necessary to extend the effect of the law to specific entities, their circle is determined directly in the text of the document.

Conclusion

As you can see, the procedure for approving laws is quite complicated in Russia.Meanwhile, according to experts, the presence of several stages is fully justified. The authors argue their position, first of all, by the scale of the country itself. It is quite problematic to develop a law that maximally satisfies the needs of the entire population. It is necessary to take into account various factors that dominate in a particular region. Only after a thorough study of the situation, predicting the consequences can one or another law be brought up for discussion. That is why, as a mandatory stage, the approval of a normative act by the Federation Council is envisaged. This body has representatives from each region. Knowing the situation in their subject, they can assume what consequences will arise when this or that law is enforced. Equally important is the timely signing and promulgation of a normative act. The approval of the law by the President is aimed at preventing abuse of power by representative bodies. The veto allows you to maintain a balance of power and interests. In the framework of law enforcement, timely communication of the content of the law to the public is of particular importance. If citizens do not know the essence of the provisions, then, of course, they will not be able to comply with them. The situation is similar with authorized bodies obliged to monitor the implementation of laws. If the content of normative acts is not brought to their attention, structures will not be able to apply measures of responsibility to violators.


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