The Parliament of the Russian Federation consists of two chambers - the State Duma and the Federation Council. Parliament: functions, features, types, structure, powers

from the French parler - to speak) - the highest representative and legislative body of the state, performing the functions of representing the main socio-political forces of the country, legislative activity.

Great Definition

Incomplete definition ↓

Parliament

legislative body of bourgeois states, usually elected. The names of this legislative body are different in different countries: in England - the Parliament, in the USA - the Congress, in Finland - the Sejm, in Sweden - the Rikstag, in Norway - the Storting, in Iran, Turkey - the Majlis, etc. In most countries it consists of two chambers - the upper and lower, which are formally equal, but in fact the upper houses are often more competent (the Senate in the USA, the House of Lords in England, etc.). The election of members of parliament takes place according to bourgeois electoral laws, which are designed in such a way as to make it difficult for genuine representatives of the working people to enter the legislative bodies of these countries. However, despite all the slingshots and obstacles, in many parliaments there are communists and other progressive representatives of the working people among the deputies. The parliamentary struggle for communists is one of the important methods of class struggle; from the rostrum of parliaments, communist deputies expose the intrigues of imperialism and reactions against peace, the interests of working people, and defend the national independence of their countries. The Communist and Workers' Parties believe that in the modern epoch the working class of a number of bourgeois states will be able, under certain conditions, to win the majority of deputy mandates in parliamentary elections and turn it into an instrument of the real will of the working people. The main condition for a parliamentary, peaceful path of transition from capitalism to socialism is the unity of action of all working people under the leadership of the working class and its Marxist-Leninist party. Bourgeois parliamentarism as a state system that implements the dictatorship of the bourgeoisie is fundamentally different from the genuine democracy that exists in the USSR and other socialist countries.

In the Russian Federation, the parliament consists of two chambers: the Federation Council and the State Duma. The Federation Council consists of about two representatives from each subject of the Federation - the heads of the representative and executive authorities.

The State Duma is elected by general direct elections; for a term of 4 years and consists of 450 deputies. A citizen of Russia who has reached the age of 21 and has the right to participate in elections may be elected a deputy of the State Duma.

Deputies of the State Duma work on a professional permanent basis. They are prohibited from being in other public service, combining positions in other representative bodies and local self-government bodies. Deputies of the State Duma are allowed to engage only in teaching, scientific and other creative activities.

The Federal Assembly (Parliament) is a permanent body. Sessions of both chambers of parliament are open, except for certain cases provided for by the regulations of the chamber.

The Constitution provides for the right to create committees and commissions by both chambers of the Federal Assembly. Committees have sectoral and functional focus. These are permanent bodies of the chambers involved in the development of bills, organizational and other issues. Subcommittees may be created within committees. Commissions are temporary in nature and are created to solve certain problems.

The powers of both chambers of parliament are determined by the Constitution of Russia. The jurisdiction of the Federation Council includes: approval and change of borders between subjects of the Russian Federation; approval of the Decree of the President on the introduction of martial law or a state of emergency; appointment of a number of high-ranking leaders and others.

The State Duma adopts federal laws; resolves the issue of confidence in the government, amnesty, appointments and others.

Great Definition

Incomplete definition ↓

The formation of the state took place over a large amount of time. In fact, from the moment humanity reaches the peak of its evolution, it begins to attempt to organize groups. Gradually created formations expand. But in this process, one rather serious problem arose - the regulation of the activities of large social groups. After all, as they developed, people were able to create structures so cumbersome that it became difficult to manage their functioning. Therefore, the question of power in the state began to gradually develop.

It should be noted that the most ancient formations of the state type in most cases were governed by the power embodied in the person of a single ruler. Minor attempts to create republics, examples of which are Ancient Greece and Rome, were unsuccessful. As a result, the represented states were governed by the power of a single leader.

This social system of governance lasted until the end of the 18th century. At this time, revolutionary movements begin in Europe. Autocracy has fully shown its helplessness in certain social issues. Therefore, in this period, the idea arises of creating a universal collective body that will carry out the main

Today, this structure exists in almost every state. It is called parliament. The functions and tasks of this body have their own specifics. In addition, the parliament is a clear manifestation of the principle, which will be discussed in more detail later in the article.

The essence of power sharing

The main functions of the parliament and its characteristic features cannot be considered without an analysis of the principle of separation of powers, which was already mentioned earlier.

With regard to the latter category, it is characterized by the doctrine that power in any state should be distributed between relevant and independent bodies. This will make it much more efficient to coordinate the life of the country's population, and will also make it possible to avoid the abuse of power, which can often be seen in states with a monarchical form of government and a totalitarian regime.

The creation of the principle was preceded by a series of important historical events. In addition, the doctrine was created on the basis of the knowledge and experience of the states of antiquity and the Middle Ages.

History of the development of the principle of separation of powers

The idea of ​​power sharing, which today lives in many state structures, scientists borrowed from such states as Ancient Greece and Rome. It was in them that the collective mode of government was invented first of all. For example, Roman power was completely divided between the comitia, consuls, and the senate. At the same time, the last element played the role of a modern parliament.

In the Middle Ages, it dominated, which excluded the existence of collective power. However, during the Age of Enlightenment, scholars such as John Locke and Charles Louis Montesquieu developed the principle of separation of government. According to their teaching, the power in the country should exist in the person of three types of bodies:

• executive;
• legislative;
• judicial.

This principle has gained such popularity that it has found its application in many states. To date, the principle of separation of powers operates almost all over the world. At the same time, Parliament is the body of legislative power. According to many scientists, this is the most important role, because rule-making, in fact, creates acts that directly regulate the activities of the population of the state.

Features of Parliament

So, the parliament, whose functions will be discussed in the article, is the highest representative body. However, its form of acquisition in this case is not the most important characterizing factor. More important is the fact that the parliament has the ability to issue laws - normative acts of the highest legal force after the constitution of the state.

Today, this body in one form or another exists in almost every state. As for the powers of the legislature, they may vary depending on the form of government of a particular country. In the classical form, the parliament (its types and functions are presented in the article) can pass a vote of no confidence in the government, which indicates its control of the central executive body, and also release the head of state, that is, the president, from his powers by way of impeachment.

It should be noted that this body can exist in almost any state, regardless of the form of government in it. In other words, even in monarchical powers, the presence of a parliament does not cause any confusion. An excellent example of this is the parliamentary monarchy. In such states, the power of the head of state is limited to the legislature, which implements the function of the same name.

If we are talking about a republican form of government, then in this case the parliament, the structure, the functions of which can change somewhat, plays a key role. In fact, it is he who is the embodiment of republican democracy, as well as the principles of freedom and equality, because most of the issues are decided collectively by representatives of the people.

As for the political regime in the state, this category has a strong influence on the activities of the legislative and other bodies of the state. However, in some cases, it is through the legislative structure that one can significantly restrain the negative influence of totalitarianism or authoritarianism.

Structure of the main legislative body

Parliament, the functions of which we are considering, is a rather complex and effective structure. In other words, a modern organ of this type is not something like a popular assembly. This is a rather ordered mechanism, the main purpose of which is the issuance of laws, which will be discussed in more detail later in the article. Thus, the parliament has its own internal structure. It should be noted that it may vary, depending on the specifics of the political regime and the territorial features of the state.

In its original, classical form, any parliament has a bicameral structure. It should be remembered that it originated in Great Britain - the birthplace of world parliamentarism. The bicameral structure was created to ensure a compromise between the bourgeoisie and, of course, the aristocrats - the upper class. In this case, the dual system is fully justified by the need to consider the ideas and views of all classes without exception. After all, the nobility, as the main force of the monarchical system, began to significantly lose its positions during the period of the bourgeois revolution in Europe. Therefore, it was necessary to come to terms with the influence of this estate.

Under the influence of revolutionary movements, they appeared in some countries. They are great for mobile solutions to certain problems, but they are often used as a support for a totalitarian leader. Nevertheless, unicameral parliaments exist in the modern world. This raises a completely logical question: "What types of structures exist today?" In the 21st century, the following systems of parliament can be found in the world, namely:

1. Bicameral.
2. Unicameral.

The first type is the most popular in the modern world. However, it is worth considering the fact that the chambers have their own clearly defined powers. Moreover, in the vast majority of cases they are absolutely equal in their legal status.

Features of the bicameral structure

Let's consider a bicameral parliament. Its types and functions have a large number of features. The main one is the process of passing laws.

For example, it has a bicameral structure. Its main feature is the fact that any bill must be considered and adopted in both chambers. If at least one of them rejects it, then it is automatically not accepted. Thus, the bicameral parliament makes it possible to take into account the characteristics of almost all social strata. In addition, in many cases, other specific functions are assigned to each structural element of the legislature. For example, the lower house may be responsible for financial matters in the state, and the upper house, in turn, appoints people to certain positions, ratifies, impeaches, etc.

It should be noted that all the points presented may differ depending on the particular state. As practice shows, there are no parliaments identical in their functions and powers.

Bicameral structures today mostly exist in federal states. Given this form of territorial structure, a parliament consisting of two elements is simply necessary. Indeed, in a federation, the second chamber, as a rule, represents the interests of the subjects in the first place. Such states include Australia, the Russian Federation, India, Mexico, the United States of America, Great Britain, etc.

However, bicameral parliaments can also be found in unitary countries. As a rule, even in such cases, the legislature is organized according to the principle of territoriality, which makes it possible to take into account the interests of individual elements of the state.

Internal organs of the legislative center

It should be noted that the parliament, whose functions will be presented below, uses internal special-purpose bodies to implement its main tasks. In most cases, the organization of the structure of these parliamentary departments has common features in many states. It is worth highlighting the main tasks of parliamentary bodies:

1. Coordination of the work of the legislative center.
2. Organization of all the necessary conditions for the parliament to exercise its immediate functions.

These tasks are key in the activities of the legislature. Their execution, as mentioned earlier, rests on the shoulders of internal departments. The key parliamentary body is the speaker or the chairman. As a rule, the activity of this element is embodied in a separate person, that is, a specific person. At the same time, the role of the speaker is quite important for all the activities of the parliament of a particular state. It performs a number of special functions, which include the following:

• representation of the legislature in the international arena;
• ensuring consideration of certain important issues;
• setting the agenda;
• ensuring consideration of bills;
• determination of specific types of procedures for discussing draft laws or other issues;
• leading parliamentary deliberations;
• giving the floor to deputies;
• determining the type of voting and its results, etc.

A fairly important function of the parliamentary chairman is to manage the funds of this body, as well as the parliamentary police departments. To facilitate the work of the speaker, as a rule, he is provided with deputies - vice-chairmen.

This form of organization of the governing parliamentary body is most often found in bicameral parliaments. In addition, the role of the speaker is far from being so important in all states. For example, in the Swiss Parliament, the chairman and his deputies are elected only for the duration of the respective sessions. In this case, the speaker is not an important political figure at all.

Another important element of the internal organization of the legislature are parliamentary committees. They are specialized bodies created from deputies. Their main goal is the evaluation and direct creation of legislative acts, control over the activities of the executive branch, as well as the solution of specific tasks.

At the same time, there are two main types of commissions, namely: temporary and permanent. The latter are created for the period of activity of the respective parliamentary chamber. In the overwhelming majority of cases, permanent commissions are created on issues of defense, finance, legislation and lawmaking, international cooperation, etc.

As for the provisional bodies, as a rule, they deal with specific tasks. Such commissions are investigative, special, revision, etc. It should be noted that parliamentary bodies have a wide range of powers. Most often, they manifest themselves in the process of lawmaking, because it is in the composition of the commissions that draft laws are developed, as well as their scientific regulations.

Factions of Parliament

The internal activities of many legislatures are provided by its factions. In fact, they are parliamentary associations. The numerical number of each individual faction, as a rule, affects the political program of the state.

After all, the deputies of one party or another in the legislature are trying to pass the bills that interest them. As for the formation of fractions, this process, as a rule, takes place on the basis of regulations in each individual state.

Parliament: functions, powers

As the main legislative center of any state, the body presented in the article is endowed with certain powers, and also has a number of specific functions. These categories, in fact, show its real possibilities in this or that state.

But if the main functions of the parliament, as a rule, are the same almost everywhere, then the powers are both full and limited. As a rule, the specific powers of the parliament are determined by the main state law, that is, the constitution. Based on this, without exception, the powers of the main legislative body can be distributed among three groups:

1. Not all parliaments are endowed with unlimited powers. In this case, the legislature can deal with even those issues that are not enshrined in the constitution.
2. The opposite of the first type of bodies are parliaments with limited powers. As a rule, their possibilities are clearly listed in the constitution of the state. These include the parliaments of France, Senegal, and others.
3. The most specific kind of parliamentary power is the advisory power of the legislature. Similar structures, most often, arise in the countries of Islamic law. The bottom line is that in them the head of state is the monarch, and the parliament exists to help in the process of his reign. In other words, this body only advises the head of the country on certain issues and does not perform its primary function.

In addition to the classification presented earlier, the functions of the parliament can also be divided depending on the areas of activity of this body. For example, the legislative bodies of many countries are endowed with a number of universal possibilities for regulating the financial, tax system, defense, international relations, etc.

In addition to the mentioned powers, it is also necessary to consider the main activities of the legislature. What are the functions of parliament? In the scientific community, there are many approaches to the consideration of this problem. But in most cases, the main powers of this body are distinguished, consisting of four elements. These include the following:

1. The most important function of the parliament, no doubt, is the function of lawmaking. After all, this body was originally created precisely for the creation of normative acts of higher legal force. The function allows you to take into account the opinion of the majority, and also excludes the possibility of issuing anti-social laws that would oppress the rights of a particular group of people. At the same time, the legislative function of the parliament consists of a number of specific stages, namely: the creation of a bill, discussion, amendments and adoption, coordination of interests and signing. Thus, the process of creating normative acts of higher legal force has a professional character. In addition, the legislative function of the parliament, in fact, approves the legal system of the state. Since it is the laws that regulate the most important social relations.
2. The representative function of the parliament is that the deputies elected to this body must protect the interests of that part of the population that voted for them.
3. The feedback function is based on the fact that deputies hold briefings, round tables and soirees to discuss pressing state problems that need to be addressed.
4. One of the most important parliamentary functions is budgeting. In fact, it is the legislature that is responsible for creating an adequate standard of living for the population of the country.

Functions of the Parliament of the Russian Federation

The Federal Assembly is the legislative body of the Russian Federation. In accordance with the current Constitution of the state, the Parliament of the Russian Federation performs the following functions:

1. Creation of legislative acts.
2. Appointment and dismissal of the Chairman of the Accounts Chamber and the Central Bank.
3. Conducting impeachment.
4. Amnesty announcement.
5. Exercising control over the executive authorities.
6. Representation of the people.

Thus, the functions of the Russian parliament as a whole have a common character with the classical trend in the functioning of legislative bodies in the world. This is quite a positive factor. After all, it testifies, first of all, that the functions of the Russian parliament embody the best European trends. But these are far from all the positive aspects of the presented structure. After all, the parliament itself, its features and functions allow us to talk about real democracy in the state. If there is no represented body in the country, or if it does not act properly, then there is no need to talk about democracy.

Conclusion

So, in the article we found out what a parliament is and its functions. We briefly reviewed the key powers of legislative bodies, their structure, as well as the history of the formation of parliamentarism and the principle of separation of powers in the world.

It should be noted that the functioning of the body presented in the article is of key importance for many powers, therefore, the development of theoretical concepts about the activities of the parliament is necessary for the development of all states without exception.

Parliament is the highest legislative and representative body in those countries where power is divided into legislative (it belongs to parliament) and executive (in the hands of the President and Prime Minister).

Names of parliament around the world

In some countries, the parliament has the same name. For example, in Moldova and Armenia, Georgia and Azerbaijan, Italy, South Ossetia, Greece, Great Britain, Canada, Romania, Kazakhstan, Australia and Georgia, Nauru and New Zealand, and others.

In a number of countries, deputies established their own names of parliament through the Constitution. For example,
- in Russia, the parliament is called the Federal Assembly (it consists of the Federation Council - the highest house and the State Duma - the lower house of parliament),
- Sweden - Riksdag,
- Finland - Eduskunta,
- United States - bicameral parliament Congress (consists of the upper house - the Senate and the lower - the House of Representatives)
- in Germany - the Bundestag,
- China - the parliament is called the National People's Congress
- Turkmenistan - Mejlis,
- Israel - Knesset,
- Mongolia - Khural,
- Ukraine - Verkhovna Rada
- Bulgaria's parliament is called the People's Assembly
- in Lithuania, Poland and Latvia, the name of the parliament is the Seimas
- Switzerland - the parliament is called the Federal Assembly (Stenderat and Nationalrat)
- Serbia - Assembly
- Estonia - Riigikogu
- in Japan - the parliament is called Kokkai (House of Councilors and House of Representatives)
- in Croatia - Sabor
- in Tajikistan - the bicameral parliament is called Majlisi Oli (Majlisi milli and Majlisi namoyandagon)
- in Turkmenistan - Mejlis
- in Uzbekistan - the bicameral parliament is called the Oliy Majlis (Senate and Legislative Chamber)
- in Syria - the name of the Parliament People's Council

Parliament is called a representative body, since in it the regions of the country and the entire population have representatives - deputies who are elected
- or in a single-member constituency - voting for political parties
- or in many mandated (majority) constituencies, in each of which the population elects its own candidate.

Parliament may consist of one or two chambers, which are called lower and upper. Usually the entire parliament or its lower house is formed by holding a general election. So, in Russia - the lower house is called the State Duma, the upper house - the Federation Council.

The parliament is named the legislative body because it has the power to pass laws that are obligatory for the citizens of the entire state, incl. for all branches of government, including the President, the Cabinet of Ministers, the courts.

In some cases, the parliament is also given such powers as the formation and control of the executive branch. For example, he can pass a vote of no confidence in the government or carry out the procedure for impeachment of the president.

Which countries do not have parliaments

There are no parliaments in monarchical states where the power of the head of the country is not limited.

• The Vatican is an absolute monarchy, the state is governed by the Holy See. All power belongs to the Pope, who is elected by the cardinals for life.
• Saudi Arabia is an absolute monarchy, where since 2005. there appeared (according to the Western media, which are clearly sympathetic to the main US ally in the Middle East) "signs of parliamentarism" in the form of "municipal elections" to local authorities. Only men over the age of 21 were allowed to vote. As a rule, imams of local mosques were elected to local authorities.
• Oman is an absolute monarchy in which the sultan (again under pressure from the United States and Great Britain) since 1998 introduced the "Shura Council" - an advisory body in which the "speaker" is appointed by the sultan himself, and 82 deputies have the right to recommend measures to the sultans for the economic and environmental development of the state without touching international issues.
• Qatar is an absolute monarchy in which the emir himself appoints a prototype "parliament" (Consultative Council) of 45 members, promising in the future that 30 of them will be elected.
• Brunei - an absolute monarchy, there is not even a prototype of a parliament, the sultan himself appoints the executive branch - a government consisting of his closest relatives who lead the armed forces, oil production, and control the regions (4 administrative districts - daera)
• The Order of Malta is an elective monarchy governed by a Sovereign Council. The state is headed by the Grand Master, who is elected for life. Together with the Grand Master, four main officials of the state are elected for 5 years (Grand Commander, Grand Chancellor, Guardian of the General Treasury, Grand Hospitaller).

Any democracy requires sacrifices, including funds for the maintenance of parliament and the work of deputies. They consist of
- direct costs - financing of the apparatus of the parliament (from the salary of the speaker to the cleaners of the building, utility bills, car park, etc.)
- indirect payments - free travel of deputies around the country by rail and air, business trips abroad, free medicine and treatment of deputies, free tourism and recreation of deputies of parliament in sanatoriums and rest houses, free real estate (renting an apartment or building an apartment for a deputy), free car etc.

So,
- The budget of the State Duma of Russia is a little more than 6.1 billion rubles (about 190 million US dollars), of which 4 billion rubles is the salary fund of parliament deputies.
- the content of the Verkhovna Rada - the apparatus of the Parliament of Ukraine in 2012. cost the people of Ukraine 865 hryvnias (or 105.5 million US dollars)
- in Greece, which is experiencing the deepest crisis - the maintenance of the parliament costs the people of Greece 148.751 million euros (22 million more in 2012), incl. the financing of the MPs themselves costs 19.326 million euros (against 21.226 million euros in 2012)
- the Saeima - the Parliament of Latvia spends 11.462 million lats (about 21 million US dollars) on its maintenance

Benefits for MPs

In each of the countries of the world, the benefits of parliamentarians differ from each other, but they also have much in common with each other. Thus, deputies of the State Duma of Russia have
- parliamentary immunity, according to which a member of parliament does not have the right to be detained and arrested by the police, the prosecutor's office, or the court.
- the right to free travel by air, water, rail, road transport (except for taxis), the right to purchase free tickets for this transport out of turn.
- use of free official transport
- upon arriving on a business trip, the deputy is obliged to meet a car from the local authority at the gangway
- free hotel
- free accommodation in Moscow in a hotel room of the category "Highest-A"
- at the end of their parliamentary powers, the state pays them all the costs of moving and is given a one-time allowance "for settling" in the amount of 1/2 of the salary of a deputy and 1/4 of the salary of family members of a deputy of parliament
- vacation of deputies of both chambers of the Russian parliament (members of the Federation Council and deputies of the State Duma) is 48 working days (according to the norms of the most harmful and dangerous profession in Russia)
- in addition to vacation pay, deputies of the Russian parliament are paid the so-called medical treatment allowance in the amount of two deputy salaries.
- after the retirement of a deputy (if he has worked in the Federation Council or the State Duma of Russia for more than 1 year), an allowance is due to the monthly salary in the amount of 55 to 75% of the deputy’s earnings, which is indexed annually.
- a State Duma deputy is issued a diplomatic passport.

The history of the creation of parliament

In the ancient states there were already bodies of popular representation. For example, in ancient Rome there was a Senate. The oldest parliaments are Tynvald (Isle of Man) and Althing (Iceland). They were created in the X century. In other states, there were people's assemblies, councils of elders, veche, and so on. In the Middle Ages, the estate-representative system spread. That is, the bodies, which consisted of representatives of different classes, performed a role similar to parliament. For example, in France there were the States General, in Spain - the Cortes, in Russia - the Zemsky Sobor.

It is believed that the ancestor of the modern Parliament is England. Back in the 13th century, the prototype of the parliament was formed there. It happened at the moment when the Magna Carta was signed by King John Landless. This document stated that the king had no right to impose new taxes without the consent of the royal council. So Great Britain became the first country in which the Parliament assumed full power.

History shows that the parliament was assigned the role of a shock absorber between society and power. Also, thanks to him, the society had its representatives in the power. During social upheavals, parliament often played a decisive role. An example is the English Revolution of the 17th century.

At first, the parliament was still a secondary body, designed simply to smooth out conflict situations between the people and the authorities. But gradually in most countries it has become the highest state body.

About the parliamentary elections

By democratic standards, it is necessary that the parliament be elected directly by the population. At least one of his rooms. Elections, as an indicator, show the mood of society. They find their expression in political parties with different orientations. The party that wins the most votes usually forms the government. Sometimes it can be a coalition. Elections can be held according to two systems: proportional, when parties are chosen, and majoritarian, when deputies from constituencies are elected. Elections are held regularly (usually once every 4-5 years).

On the Composition of Parliaments

Members of the lower house are called deputies, while those of the upper house are called senators. The parliament may include a different number of people - from a few dozen to two or three thousand, but on average it is 300-500 people.

If the parliament is bicameral, they are called differently. For example, the lower house in the UK is called the House of Commons and the upper house is called the House of Lords. In Russia, the parliament is divided into the State Duma and the Council of Federations, in the USA - into the House of Representatives and the Senate, in Kazakhstan - into the Majilis and the Senate. The upper house is usually not formed in the same democratic way as the lower house.

Parliament is divided into chambers so that bills initiated and adopted by the lower house are approved by the upper house. The latter most often occupies positions that are close to the government. There is a variant of a multicameral parliament, but only in one country - Spain.

Within the parliament, as a rule, commissions and committees are created to oversee certain issues. For example, questions of economy or foreign affairs. The tasks of such divisions are to prepare parliamentary decisions on the relevant topic.

There are also factions in parliament. They are created according to a political principle, usually from representatives of the party. Deputies who are not included in factions unite in deputy groups.

An example of countries in which the parliament is unicameral: Armenia, Azerbaijan, Latvia, China, Ukraine, Finland, Estonia.

An example of countries with a bicameral parliament: Austria, Great Britain, Germany, Italy, Russia, Romania, USA, France, Switzerland.

International parliaments

Some established international bodies may also be referred to as parliaments. Usually their work takes place in the structure of some international organization. These bodies may also be elected by the people of the countries. However, most often they are formed by representatives of national parliaments.

The European Union, the Parliament of Central America and the Andean Council have popular elections for the legislative assembly. It is planned to hold such elections to the Parliamentary Assembly of the Union of Russia and Belarus, as well as to the Arab Parliament.

In the CIS, the OSCE, NATO and the Council of Europe, there are Parliamentary Assemblies made up of parliamentary representatives. The Inter-Parliamentary Union operates in Geneva. It is an association of parliaments of the world. There is also the Parliamentary Assembly of the Turkic-speaking countries. It was established in Istanbul in 2008.

Plan:

Introduction………………………………………………………………….2

Concept and functions of parliament. Parliament as the highest body of legislative and representative power:

concept, distinguishing features. Parliamentarism as the highest form

organization of the parliament. Types (models) of parliaments……………………………………………………………………………….4

The structure and procedure for the formation of parliament. Formation features

lower and upper houses. Institute of Parliament Dissolution…………9

Internal structure of the chambers of parliament. Parliament's working order:

sessions and organizational and legal forms of its activities…………………….16

General parliamentary procedures. Legislative procedure……..23

The legal status of a parliamentarian in foreign countries………………26

Task…………………………………………………………………….28

Conclusion………………………………………………………………..31

List of used literature………………………………………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 a republican form of government.

A republic is a form of government in which the supreme power in the state belongs to elected bodies - the parliament and the president.

Republics are divided into parliamentary and presidential, depending on the role that these supreme bodies play in the state.

It is believed that Russia belongs to the republican forms of government, which are of a mixed nature, that is, it combines the features of a parliamentary and presidential republic. This fact can be established only by carefully considering the roles and functions of these two highest state bodies and the nature of their relationship, which is the main goal of this work.

Parliament, in accordance with the theory of separation of powers, is a national representative body, the main function of which is the exercise of legislative power.

The Russian Parliament, in its current form, has been functioning for a relatively short period of time - from the moment the Constitution of 1993 was adopted - to the present day. Therefore, we can say with confidence that it is far from perfect and is not a Parliament, the work of the chambers of which is the most productive and useful for the state.

Today, despite the existence of a legislative framework devoted to various aspects related to the activities of the Russian Parliament, it is quite clear that this regulation is not enough - so many issues are not enshrined in legislation at all.

The relevance of this work is expressed in the fact that today there is already a certain practical experience in applying the norms of the Constitution and it is possible to assess the foundations of the relationship between the President and Parliament not only through theoretical studies of the norms of the Constitution, but also taking into account the current political situation.

In addition, recently there has been a tendency to increase the importance of presidential power in relation to the government. In fact, the government does not have the share of power that is inherent in the constitutional foundations of the country, which also directly affects the nature of parliamentary-presidential relations.

Concept and functions of parliament. Parliament as the supreme body of the legislative and representative power: concept, distinctive features. Parliamentarianism as the highest form of parliamentary organization. Types (models) of parliaments.

Parliament It is a representative body elected by the population of the country, the bearer of legislative power, an integral institution of the 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 - the Parliament of the Russian Federation, is the legislative and executive body of the Russian Federation."

In accordance with the concept of separation of powers, the first place among the branches of state power belongs to the legislative. The executive and judicial branches of government, although they have their own sphere of activity, act on behalf of and in pursuance of the law. Legislative power is the exclusive right and ability to establish the most general rules of conduct, to issue normative legal acts that have the highest legal force.

Usually laws are issued on the most important issues of public and state life, although in Anglo-Saxon countries, along with laws of this kind, there are also private laws that have individual effect. Laws have indisputable force. Acts of the head of state, government, other state bodies and officials, courts, activities of various kinds of associations, citizens and non-citizens must comply with the constitution and laws. A law can only be repealed by another law, constitutional control bodies can only recognize a law as unconstitutional.

Legislative power is exercised, first of all, by the national representative body, and in the subjects of the federation, in autonomies of a political nature - also by local legislative bodies. A national representative body may have different names (people's, state assembly, congress, etc.), but a generalized name has been established behind it " parliament ", which is now used in some constitutions.

In all modern constitutions, the parliament is defined as the bearer of the supreme legislative power.

Parliament as a constitutional and legal institution has a long history. The first parliaments (the English Parliament, the Spanish Cortes) arose as early as the 12th-13th centuries. Parliaments were also called legislatures (from the Latin "lex" - law). Legislatures were understood as political institutions, the power of which stems from the fact that their members are representatives of society.

However, the history of the modern parliament as a representative national body, different from the representative class bodies of the times of feudalism, begins with the era of bourgeois revolutions, after the victory of which the parliament becomes the most important body of the state. It was then that parliamentarism took shape and became widespread as a special system of state leadership of society, characterized by a division of labor between legislative and executive, with a significant political and ideological role of parliament.

It should be noted that in Russia there is a frank distrust of the representative bodies of state power in general, and the parliament in particular, which is largely a consequence of the political struggle that preceded the adoption of the current Constitution of the Russian Federation. There are forces in society who believe that the parliament as a state institution should be abandoned altogether or turned into an obedient structure that does not play an independent role.

However, in this regard, we must not forget that the complete discrediting of the parliament can significantly undermine the emerging 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 in relation to competing political forces, as a representative of the interests of those that have less ability to influence the political life of the country.

In connection with the above, the activities of the Russian parliament today are often carried out in a complex, largely contradictory way.

Thus, today the legislative power, exercised by representative bodies, occupies an extremely important place in the system of separation of powers. According to N.V. Onishko, it can be said without exaggeration that the issues of organization and functioning of the legislative authorities are at the center of political practice and constitutional and legal doctrines. The trend towards the democratization of public life and the state system is very clearly manifested in the development of the institutions of representative democracy and parliamentarism.

As an institution of state power, parliament gave birth to two derivatives: parliamentarism and parliamentary law carefully studied by the doctrine of law. Parliamentary law is understood as a set of legal norms regulating the status, formation procedure, internal organization and activities of the parliament. Parliamentarism usually referred to as a system of organization of public authorities, in which the parliament plays a prominent (or leading) place.

Parliamentarism cannot exist without a parliament, and at the same time, the parliament is based on several principles of parliamentarism, the main of which are the separation of powers, representativeness and legality.

These principles are reflected in the Constitution of the Russian Federation. Thus, 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 a representative, that is, mediated by elections, parliamentary democracy, in which the formation of the political will of the people is entrusted to the people's representation, which independently makes the most responsible decisions.

The same article of the Constitution characterizes the Federal Assembly as the legislative body of the Russian Federation. In granting legislative power to the Parliament, the principle of popular sovereignty is realized as the basis for legitimizing the rule of law. As a result, the parliament legislatively regulates the life of the country and contributes to the formation of the rule of law.

The principle of manifestation of the separation of powers is manifested in the recognition of the Federal Assembly as 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 - the Federation Council and the State Duma. Such a structure stems from the federal state structure, when one of the chambers is the chamber of national representation, and the representation of the subjects of the Federation is realized in the other chamber. The role of the chamber of the Federal Assembly, expressing the interests of the subjects of the Russian Federation, belongs to the Federation Council. The second chamber of the Federal Assembly - the State Duma - is called upon to represent the interests of the Russian population 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 that legally have the right to pass laws on any issues (Great Britain, Italy, Ireland, Greece, Japan). Neither the fundamental laws nor other acts provide a list of issues that should be considered by parliaments and resolved in the laws they adopt. The enumeration in the Swedish constitution of issues that are resolved only through the adoption of laws by the Riksdag does not limit its legislative competence: the Constitution defines its exclusive rights, but at the same time establishes that the Riksdag can legislate on issues within the competence of the Government.

The second group includes the parliaments of predominantly federal states, whose constitutions clearly delineate the rights of the federation and its subjects. Thus, when determining the competence of the US Congress, the Constitution assigned to it not legislative power in general, but only granted by it. Moreover, in sect. 9 st. 1 establishes the range of issues on which Congress cannot legislate.

At the present stage, this second group has been supplemented by the parliaments of some unitary states. France is one of them. The French Constitution severely limited the list of issues on which Parliament can legislate (Article 34). Moreover, even in these limited areas, it can pass laws on some issues, and on others it can only establish general principles (for example, in the socio-economic sphere).

The third group is made up of parliaments, the framework of the limited legislative "competence of which is quite flexible. 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 entities have been created, the scope of the legislative rights of the parliament, as a rule, is not defined "However, the law establishes a list of issues within the competence of these autonomous entities. The parliament of the state cannot legislate on them. It should be noted that even in those countries whose parliaments have absolutely unlimited legislative competence, this competence has become narrower in practice. Limitation of legislative rights of parliaments takes place primarily in such main areas as the loss of the legislative initiative, which is now largely concentrated in the hands of the government, and the delegation of the right to issue acts that have the force of law to the executive branch. ent still seeks to retain control over delegated legislation. In most countries where it is allowed, the government is subsequently obliged (sometimes at the request of parliament, and sometimes without fail) to submit acts of delegated legislation for parliamentary approval.

The structure and procedure for the formation of parliament. Features of the formation of the lower and upper chambers. Institute for the dissolution of parliament.

The Constitution of the Russian Federation defines the structure of the Federal Assembly as a bicameral body. A similar structure of the parliament has become widespread in the world due to two advantages: the ability to provide, along with the general representation of the interests of the entire nation, also a special representation of the collective interests of the population of large regions (in a federal state - subjects of the federation), or the interests of other groups of society that play an important role in it ; opportunities to make the legislative process optimal by setting a counterbalance to the possible hasty and poorly thought-out legislative decisions of one chamber.

The Constitution does not name the chambers of the Federal Assembly as upper and lower, however, the distinction established in world practice between the upper and lower houses of parliaments is also observed in the Federal Assembly. This gives grounds to characterize the Federation Council as the upper house, and the State Duma as the lower house of the Federal Assembly.

The bicameral structure of the Russian parliament belongs to the type determined by the relative weakness of the upper chamber. This translates into the ability for the State Duma to overcome the objections of the Federation Council in case of disagreement between the chambers on most laws, although the Federation Council has some important special powers.

Moreover, the Constitution provides for a completely different competence for each of the chambers, thereby providing a system of "checks and balances" in the activities of the Federal Assembly, in which the Federation Council is assigned the role of a kind, as E.I. Kozlova and O.E. Kutafin put it in a peculiar way , a brake on 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 order of formation of the chambers of the Federal Assembly:

• ? The procedure for the formation of the Federation Council

The Federation Council is based on equal representation of the subjects of the Federation, each of which is represented in the chamber by two members - one each from the legislative and executive bodies of state power. Based on the fact that, according to Part 1 of Art. 65 of the Constitution, the Russian Federation has 83 subjects, the Federation Council should consist of 166 members. It is this total number that serves as the basis for determining the shares necessary for the Federation Council to make decisions or implement group initiatives of its members.

This provision of the Constitution itself allows for various ways of forming the "upper" chamber. At present, the Federation Council is formed on the basis of the Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation"

In accordance with the Constitution of the Russian Federation, the Federation Council includes two representatives from each subject of the Russian Federation: one from the legislative (representative) and executive bodies of state power. A citizen of Russia at least 30 years old who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to bodies of state power, may be elected (appointed) as a member of the Federation Council.

A member of the Federation Council - a representative of the legislative body of state power of a constituent entity of the Russian Federation is elected by the legislative body of state power of a constituent entity of the Russian Federation for the term of office of this body, and when the legislative body of a constituent entity of the Russian Federation is formed by rotation - for the term of office of once elected deputies of this body.

A representative in the Federation Council from the executive body of state power of a subject of the Russian Federation is appointed by the highest official of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) for the term of his powers. An executive body is understood as an executive body of general competence - the president, governor, head of executive power, or the government of a subject of the Federation.

The powers of a member of the Federation Council begin from the day the decision on his election (appointment) comes into force and terminate from the day the decision on the election (appointment) of a member of the Federation Council comes into force by the newly elected respectively legislative (representative) body of state power of a subject of the Russian Federation or the highest official of the subject RF.

Neither the Constitution nor the Federal Law "On the Procedure for Forming the Council of the Federation of the Federal Assembly of the Russian Federation" determine the proportion of the composition of the chamber, which must be completed in order for the chamber to be considered competent. However, since the main part of the chamber's decisions is made by a majority vote of its members, it can be assumed that it is competent if a majority of its members is elected (appointed).

The Federation Council is not subject to dissolution, however, without the State Duma, it can only exercise the powers listed in Art. 102 of the Constitution of the Russian Federation.

• ? The procedure for the formation and grounds for the dissolution of the State Duma.

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 seems to be optimal: it allows deputies not only to gain the necessary work experience, but also to use it for a considerable time. At the same time, it should not be considered too long. Periodic re-elections of the State Duma adapt its composition to the changing socio-political relations in society, and make it possible to reflect the political likes and dislikes of voters in the deputy corps.

In accordance with the Constitution of the Russian Federation, the election of deputies to the State Duma is appointed by the President of the Russian Federation. The decision to call elections must be made no earlier than 110 days and no later than 90 days before voting day. The day of voting in the elections of deputies of the State Duma is the first Sunday of the month in which the constitutional term for which the State Duma of the previous convocation was elected expires. The constitutional term is calculated from the day of her election. The day of 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 call elections is subject to official publication in the mass media no later than five days from the date of its adoption.

The Constitution does not determine whether elections should be direct or indirect, open or secret, nor does it determine the electoral system to be applied. The principles of universal, equal and direct suffrage by secret ballot, voluntary participation in elections are formulated with appropriate specification in the Federal Law "On 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 - the deputies of the State Duma) are elected by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by 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 not to participate in elections, as well as to impede his free expression of will.

Deputies of the State Duma are elected from a federal constituency in proportion to the number of votes cast for federal lists of candidates for deputies of the State Duma.

Termination of Parliament before the expiration of his term of office and the appointment of new elections. The institution of parliamentary dissolution is an element of the system of checks and balances that implements the principle of separation of powers. Under a form of government that provides for the responsibility of the government to parliament, the institution of dissolution of parliament acts as a check and balance to the course of parliament unacceptable for the government (or the head of state), as one of the means of resolving a political (government) crisis, and finally, as a consequence of the incapacity of the parliament of this composition. Just as the parliament has the right to dismiss the government, replacing it with a new one, the head of state dismisses the given composition of the parliament and calls new elections. For the institution of dissolution of parliament under a democratic regime, this two-pronged legal bundle is characteristic - the termination of the activities of this composition of parliament and the appointment of new elections. The expression “early dissolution” is incorrect, since the dissolution, by definition, occurs before the end of the term for which the parliament is elected, but its dissolution is followed by early elections.

The dissolution of the parliament, traditional for European constitutions, was first introduced in the Russian Federation by the Constitution of 1993. The absence of this institution contributed to the protracted confrontation between the legislative and executive powers and led to an acute political crisis in September-October 1993.

With regard to bicameral parliaments, which 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 that participates in the formation of the Government and can pass a vote of no confidence in it - the State Duma (Constitution of the Russian Federation, Article 109 ).

The Constitution of the Russian Federation has a strictly restrictive approach to the dissolution of parliament, as an event generally undesirable. Unlike many European constitutions that do not establish certain, specific situations that could become the basis for dissolution, the Constitution of the Russian Federation limits the possibility of dissolving the parliament to two situations: a conflict between the President of the Russian Federation and the State Duma during the formation of the Government (Article 111) and a conflict crisis situation in relations between the State Duma - Government of the Russian Federation. In the second case, the President of the Russian Federation is faced with the question “who is right?” and in accordance with the answer to this question either dismisses 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 that limit the possibility of dissolving the State Duma. On 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 activity. The President of the Russian Federation is not given the right to dissolve the State Duma in situations where this is connected with his personal political interests. There are two such situations: if the State Duma initiates a procedure for removing the President of the Russian Federation from office (Constitution, Article 93) and in the last six months before the end of the presidential term. It is impossible to dissolve the State Duma if martial law or a state of emergency has been introduced throughout Russia: in such a special, extreme situation, the state cannot remain without a functioning parliament.

Internal structure of the chambers of parliament. The procedure for the work of the Parliament: sessions and organizational and legal forms of its activities.

The internal structure of the SF FS of Russia

The Constitution of the Russian Federation does not specify the number of members of the Federation Council. However, based on the fact that the chamber is formed by representing one member from the representative and executive bodies of 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 - we can conclude 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 states that "the Federation Council elects from among its members the Chairman of the Federation Council and his deputies"; "The Chairman of the Federation Council and his deputies ... conduct meetings and are in charge of the internal routine of the chamber"; The Federation Council forms committees and commissions.

The question of the structure is discussed in more detail in the Regulations of the Federation Council.

The Federation Council is headed by the Chairman, who is elected from among the members of the Federation Council by secret ballot using ballots. The Chairperson and Deputy Chairpersons of the Federation Council cannot be representatives from the same constituent entity of the Russian Federation.

The Council of the Chamber is created in the Federation Council, which is formed to ensure prompt and collegial discussion of urgent issues of the activities of the Federation Council related to its permanent functioning. The Council of the Chamber is a permanent collegial body.

In accordance with the Constitution of the Russian Federation, committees and commissions are formed in the Federation Council.

Committees of the Federation Council are permanent bodies of the chamber. Each member of the Federation Council, with the exception of the Speaker of the Federation Council and Deputy Chairmen of the Federation Council, must be a member of one of the committees of the Federation Council. The number of members of the committees is determined by the chamber, but the committee must have at least 8 members. A member of the Federation Council may be a member of only one committee of the chamber.

The Federation Council may liquidate individual committees or form new ones.

The regulations also provide for a standing committee of the Federation Council on regulations and parliamentary procedures.

The internal structure of the State Duma of the Federal Assembly of Russia.

Unlike the Federation Council, the Constitution of the Russian Federation fixes the numerical composition of the State Duma - 450 deputies.

General provisions regarding the structure of the State Duma, as well as the structure of the Federation Council, are 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 expression of a common position, on issues considered by the State Duma, deputies form deputy associations - factions and deputy groups.

The State Duma is headed by the Chairman. Candidates for the position of Chairman of the State Duma shall be entitled 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 positions of Deputy Chairmen may be nominated by deputy associations, deputies of the State Duma. The decision to dismiss the Chairman of the State Duma, his first deputy and deputies is taken by a majority vote 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 the preliminary preparation and consideration of organizational issues of the chamber's activities. It consists of the Chairman of the State Duma, heads of deputy associations with a decisive vote. Deputy Chairmen of the State Duma and chairmen of committees of the State Duma participate in the work of the Council of the State Duma with an advisory vote. Deputies of the State Duma may also attend meetings of the Council.

In accordance with the Constitution of the Russian Federation, the State Duma forms committees and commissions from among the deputies of the chamber. They are formed, as a rule, on the basis of the principle of proportional representation of deputy associations. The number of members of each committee and each commission is determined by the State Duma, but cannot be 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, heads of deputy associations, must be a member of one of the committees of the State Duma. A deputy of the State Duma may be a member of only one of its committees.

The State Duma, in accordance with the Regulations of the State Duma, establishes the necessary committees and commissions.

Committees of the State Duma are formed for a period not exceeding the term of office of a particular convocation of the State Duma. The committee chairs are elected by the chamber. The positions of committee chairmen are usually distributed on a batch basis, i.e. by agreement between all deputy associations.

The activity of the committee, the commission of the State Duma is based on the principles of freedom of discussion and publicity. Representatives of the mass media may be present at meetings of a committee or commission.

Organizational and legal forms of activity Chambers of the Federal Assembly are legal forms determined by the content of parliamentary practice and enshrined in the current legislation in which the State Duma and the Federation Council exercise their constitutional powers. These forms include: plenary sessions of the chamber, meetings of parliamentary committees and commissions, parliamentary hearings, parliamentary investigations, “government hour”, “hour of statements”, etc. At the initiative of committees, commissions, deputy associations in the premises of the State Duma, not assigned to committees, commissions and deputy associations, as well as in the parliamentary center, meetings, round tables, seminars, conferences and other events related to the legislative activities of the chamber can be held. Similar events are being 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.

It is necessary to distinguish the parliamentary form of activity of the chamber from the organizational and legal session- the period of work of the chamber of the Federal Assembly established by law. The parliamentary session is a set of separate sessions of the chamber, as well as other events carried out by the chamber and its bodies for the exercise of constitutional powers. In accordance with Art. 40 of the Regulations for its first session meeting, the State Duma (as well as the Federation Council) meets on the 30th day after the election. The State Duma holds two sessions during the year: spring - from January 12 to June 20, and autumn - from September 1 to December 25. During the session of the State Duma, plenary meetings of the chamber, meetings of the Council of the chamber, meetings of its committees and commissions, and parliamentary hearings are held. During the session period, deputies work in committees and commissions, in deputy associations, meet with voters (the last week of the month during each session is intended for this purpose). In the cases provided for by the Regulations, extraordinary sessions of the State Duma may be convened during the period of parliamentary recess. The first meeting of the State Duma is opened by the oldest deputy. Until the election of the Chairman of the chamber, its meetings are chaired in turn by representatives of all electoral associations.

The concept of "session" is used only in the Regulations of the State Duma. The regulations of the Federation Council use the concept of "chamber session" - the organizational and legal form of consideration by the upper chamber of the Federal Assembly of issues referred by the Constitution to its jurisdiction. The regulations of the Federation Council stipulate that the chamber shall hold meetings in the period from September 15 of the current year to July 15 of the next year at least once in any three consecutive weeks. The Regulations of the Chamber provide for the scheduling of such meetings for the first and second half of the year. As a rule, each meeting takes 3 days. The rules of the chamber establish that the first day of a meeting of the chamber, by decision of the Federation Council, can be defined as the day of work in committees and commissions. Like the State Duma, the Federation Council during the session period holds plenary sessions of the chamber (ordinary and extraordinary), exercises its powers through the work of committees and commissions, using other organizational and legal forms of parliamentary activity. The activities of the chambers during session periods are determined by their regulations, which establish the general and special procedures for the work of the chamber. Just like the lower house, the Federation Council can convene extraordinary meetings. The first session is opened by the President of the Russian Federation, and then the session is chaired by the oldest member of the Federation Council until the election of the Chairman of the Chamber.

Plenary session of the chamber. This is the organizational and legal form of activity of the State Duma and the Federation Council, associated with the consideration of issues related to their competence, and the adoption as a result of such discussion of the decision provided for by the Constitution of the Russian Federation. Sessions of the chambers, in accordance with their regulations, are held openly, publicly and covered by the media. The regulations of each of the chambers provide the right to be present at its meeting to deputies, members of the other chamber. By decision of the chamber, representatives of state bodies, public associations, scientific institutions, experts and other specialists may be invited to its meetings to provide the necessary information and opinions on issues considered by the chamber. Representatives of the media may attend the meetings of the chamber, subject to accreditation in the chamber.

parliamentary control. It represents the constitutional possibility of the Federal Assembly to exercise control over the activities of the Government of the Russian Federation. The control activity of parliaments is carried out in the course of the development and adoption of laws, when deputies, committees, commissions, chambers analyze situations, study problems, and give assessments about the work of certain executive bodies of state power. The current Russian Constitution enshrines 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 instruments of parliamentary control over the executive power is hearing the Government's report on the execution of the federal budget at a meeting of the State Duma. In the financial environment, parliamentary oversight primarily concerns the activities of the Central Bank.

Parliamentary investigation. This is the highest form (means) of parliamentary control over the executive and judicial authorities, over the implementation by the authorities of the norms of the Constitution. In the constitutional and legal sense, a parliamentary investigation is the right of the parliament to create special commissions to investigate crimes of particular social significance.

parliamentary hearings. They represent an organizational and legal form of discussion in parliament with the involvement of members of the public of particularly significant issues - the concept of law, international treaties subject to ratification, and other important issues of domestic and foreign policy. In accordance with the Constitution of the Russian Federation (part 3, article 101), the Federation Council and the State Duma hold parliamentary hearings on issues within their jurisdiction. The procedure for conducting parliamentary hearings is determined by the Regulations of the Chamber.

General parliamentary procedures. Legislative procedure.

The legal procedure has its own characteristic features:

Firstly, this is a special procedure that is clearly set out and enshrined in laws and by-laws.

Secondly, it is a normatively established procedure for the implementation of legal activities.

Thirdly, the main goal of the legal procedure is the implementation of the main, that is, the material legal norm, the material legal relationship based on it.

The parliamentary procedure is a kind of legal procedure, since the characteristic features of the legal procedure are also inherent in the parliamentary procedure. Only such a procedure is implemented within the framework of the activities of the legislative body (parliament), based on the rights with which this legislative body is endowed.

For example, the State Duma of the Russian Federation has the right: to give consent to the President for the appointment of the Chairman of the Government of the Russian Federation; resolve the issue of confidence in the government; declare an amnesty; bring charges against the President of the Russian Federation; appoint and dismiss the Chairman of the Central Bank of the Russian Federation, the Chairman of the Accounts Chamber, the Commissioner for Human Rights. And also to adopt federal laws on: the federal budget; taxes and fees; financial, currency, credit, customs regulation, money issue; ratification and denunciation of international treaties; status and protection of the state border; war and peace. All these rights are fixed by the Constitution of the Russian Federation (Art. 103,106.).

These rights are expressed through parliamentary procedures, and the rules by which the State Duma of the Russian Federation is guided by the procedure for conducting parliamentary procedures are fixed in the Regulations of the State Duma of the Federal Assembly of the Russian Federation.

The Institute of Parliamentary Procedures regulates relations arising in the process of ensuring the organization and activities of the Parliament in order to exercise its constitutional functions and powers. We are talking about the procedural norms of parliamentary law, because they regulate the order, forms and methods of organization and activity of the parliament. The procedures necessary for the application of the law mediate it. Their importance lies in the fact that they give a legal character to the activities of Parliament and, consequently, to the laws adopted by it.

Legislative procedure begins with the procedure for submitting bills to the State Duma, where Article 103 of the Regulations of the State Duma of the Federal Assembly of Russia confirms the subjects of the right of legislative initiative. Moreover, the regulation gives a detailed explanation to the subjects of the legislative initiative, how to exercise these rights.

Together with Parliament, the President also has legislative powers. The Constitution of the Russian Federation imposes on the President the obligation to sign and promulgate federal laws, as well as the President has the right to reject the law, which will entail its reconsideration. Moreover, the Regulations of the State Duma provide for a procedure for re-consideration of federal laws rejected by the President of the Russian Federation.

If the President of the Russian Federation rejects it within 14 days from the date of receipt of the federal law, the State Duma will reconsider this federal law.

The federal law rejected by the President of the Russian Federation is submitted by the Council of the State Duma for conclusion to the responsible committee, which considers within 10 days the reasons for the decision of the President of the Russian Federation to reject the federal law adopted by the State Duma.

Based on the results of consideration, the responsible committee submits a draft resolution of the State Duma, in which it can recommend to the State Duma one of the following solutions:

a) adopt a federal law in the version proposed by the President of the Russian Federation;

b) agree with the reasons for the decision of the President of the Russian Federation and remove the federal law from further consideration by the State Duma;

c) adopt a federal law taking into account the proposals of the President of the Russian Federation;

d) create a special commission to overcome the disagreements that have arisen and invite the President of the Russian Federation and, if necessary, the Federation Council to send their representatives to work on it;

e) approve the federal law in the previously adopted version.

It follows from this procedure that the President of the Russian Federation is an active participant in the legislative procedure. Although the parliament has the last word, the decision of the President of the Russian Federation largely determines the form in which the law will exist and whether it will exist at all.

In terms of the number and variety of participants, parliamentary procedures constitute larger blocks. These blocks include:

Intra-parliamentary relations (legislative, control, organizational);

Inter-institutional relations (President - Parliament - Government - judiciary);

Federative-institutional relations (Federal Assembly - parliamentary institutions of the subjects of the Federation, local self-government);

Procedures in the field of relations of public liability (Parliament - constituency, electorate).

Summarizing the above - Parliamentary procedures- this is a set of consistently performed legally established actions, with the help of which the subjects of parliamentary procedures can exercise their rights and obligations that relate to legislative activity.

Legal status of a parliamentarian in foreign countries.

parliamentarians- These are persons who, for one reason or another, are members of parliament. They are called differently in different countries, and these names do not always seem logical. For example, in the UK, members of Parliament (MP "s - Members of Parliament) are called only members of the lower house - the House of Commons. Similarly, in the USA, congressmen are not members of Congress in general, but only members of the House of Representatives. Deputies are also usually called only members of the lower chambers. Members of the upper houses in most countries are senators, in Great Britain they are lords. Perhaps, only in Yugoslavia and Croatia, members of both chambers, respectively, of the Federal Assembly and the Council are called deputies (in the FRY - union). However, in this case, the Russian term "deputy "- this is a translation of the Serbian term" envoy "and the Croatian term" intercessor "(" zastupnik "). Etymology and semantics are easy to trace here. However, in Namibia, without further ado, they called persons in parliament simply members of the corresponding chamber - the National assembly and the National Council.

Members of parliaments have special legal and legal capacity. For elected members of parliaments, the term of office usually begins to run from the moment of election, less often - from a legislatively or even constitutionally established date (for example, according to section 1 of the XX amendment to the US Constitution - from noon on January 3 of the year following the year of election). True, constitutions often provide for the need to verify the powers of an elected member of parliament by the chamber of which he is a member. So, according to sect. 5 st. I of the US Constitution, "each House shall be the judge in respect of the election, the validity of the election, and the suitability of the claims of its own members...", and according to Art. 66 of the Italian Constitution "each Chamber examines the credentials of its members and cases of non-election or incompatibility that have arisen." However, in Spain, part 2 of Art. 70 of the Constitution established that "the validity of documents and certificates of members of both Houses will be subject to judicial control within the time limits established by the electoral law"; this control is exercised by the administrative disputes panel of the Higher Tribunal of Justice. In general, the Regulations of the Congress of Deputies regulated in some detail the procedure for obtaining the full status of a deputy. To do this, it is required to submit to the General Secretariat a certificate issued by the body of the electoral administration, fill out a declaration for checking for incompatibility, indicating in it the profession and public positions held, and at the very first plenary meeting in which the deputy takes part, take an oath to uphold the Constitution. If he fails to do so within three plenary sessions, his rights and guarantees are suspended until the said requirements are met.

It is known that in the US Congress many congressmen and senators are re-elected many times, perform their functions for decades and, moreover, enjoy privileges in holding positions in Congress in proportion to the length of their stay in it. In the Philippines, which has adopted the US constitutional system for the most part, this practice does not cause enthusiasm, and the Philippine Constitution, on the contrary, forbade being elected to the House of Representatives more than three times in a row, and to the Senate more than two times in a row.

The task of the parliamentarian is to participate in lawmaking and the implementation by the parliament of its other functions.

Task: Compare the scope of powers of the upper houses of parliaments according to the following scheme:

Conclusion.

In almost all states in the twentieth century, a number of completely new political and social institutions appeared, one of which was, despite the fact that it has been known for more than a century, the institution of parliamentarism.

It also became a discovery for Russia: first, for the Russian Empire, which at the beginning of the 20th century created the State Duma that had existed for so short a time. At that time, the Russian Empire, in terms of the form of government, still remained a monarchy with minor elements of constitutionalism.

Modern domestic parliamentarism began its development relatively recently - from the late 80s - early 90s. At present, scientific publications are developing the fundamental provisions of the theories of a legal, constitutional state, and specific problems of the parliament's activity are being investigated. At the legislative level, in the Constitution and other federal laws, the Parliament of the Russian Federation - the Federal Assembly, is a legislative and representative branch of government, endowed with certain powers and responsible for its activities.

Today, the legislative power, exercised by representative bodies, occupies an extremely important place in the system of separation of powers. In essence, the issues of organization and functioning of the legislative authorities are at the center of political practice and constitutional and legal doctrines.

With the increasing spread of universal suffrage, the importance of parliament as an organ representing the whole of society is also increasing.

However, there has recently been a clear trend in Russia, indicating a clear, to one degree or another, limiting the position of the parliament in democratic states in relation to the role of the President and the Government. This is the strengthening of the positions of the executive power, in whose hands huge powers are concentrated in all spheres of administrative activity, and the actual monopolization of the political process by political parties. Decision-making is moving to the leadership of political parties, the importance of the party bureaucracy is great. Parliamentarians almost never run the risk of going against public opinion, losing their independence to a certain extent.

In addition, the problem of interaction between the President and the Government is also obvious in the Russian Federation, which also has a direct impact on the nature of the relationship between the Parliament and the President.

As fundamental points here, one should single out, for example, the excessively voluminous powers of the President to form and dismiss the Government, which in practice usually result in “punishment of the guilty government” that failed to cope with the tasks set by the President. At the same time, it is absolutely impossible to establish the responsibility of the President himself here, since he is not nominally the head of the executive branch. The head of the executive branch is the Chairman of the Government, who is responsible for the decisions made by the President.

The study of constitutional norms and the practice of political activity indicates that the not so successful model of a semi-presidential republic, which has developed in the Russian Federation, taking into account the country's own specifics, has led to the fact that the powers of the President and Parliament in Russia are still not balanced, which imposes imprint on the entire public life of the country. Moreover, there is a trend of increasing strengthening of unlimited presidential power, which can clearly lead to the emergence of an unopposed political regime.

In this regard, the views of many jurists and political scientists are focused on changing the structure of the relationship of powers on a constitutional scale. And most often it refers to the creation of a model of a presidential republic, which should ensure a balance of powers between the highest authorities. It is the presidential republic, in the opinion of many, that 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 in red. from 21.07.2007

Basic Law of the Federal Republic of Germany dated May 23, 1949. in red. dated 20.10.1997

Constitution of the Italian Republic of December 27, 1947 with additions and changes.

Constitution of Japan dated May 3, 1947. with additions and changes

Constitution of India from 1950

Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" dated August 5, 2000 No. in red. from 21.07.2007

Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation" dated May 18, 2005 No. in red. from 24.07.2007

Regulations of the Council of the Federation (as amended by the resolution of the chamber of June 9, 1999 N 259-SF - SZ RF, 1999, N 24, art. 2921) (as amended and supplemented)

Regulations of the State Duma (approved by the Decree of the Duma of January 22, 1998 N 2134-II GD. - SZ RF, 1998, N 7) (as amended and supplemented).

"Constitutional Law of Foreign Countries": Textbook / Ed. V. O. Luchin, G. A. Vasilevich, A. S. Prudnikov - M., 2001

"Institutions of constitutional law of foreign states" - M.: "Gorodets-izdat", 2002.

Onishko N.V. "Parliamentarism as a constitutional and legal institution" // 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": Textbook. - M.: Jurist, 1996.

Parliament

PARLIAMENT

(parliament) An elected body responsible for passing laws and granting the government the right to tax. As a rule, it performs a legislative function and at the same time provides the government with personnel, thus uniting the legislative and executive powers in the system of parliamentary government. The head of government and the cabinet of ministers, elected from a majority group in parliament, should be accountable to parliament, recognizing the principles of collective and individual responsibility applicable to the cabinet and individual ministers respectively. In the event that they cease to enjoy the support of a majority in parliament and a vote of no confidence is passed to them, they are obliged to resign and give the opportunity to form another government. Systems of parliamentary government differ significantly from systems based on the principle of separation of powers, as, for example, in the United States. In the United States, the president and members of Congress are elected separately, and the executive staff is appointed by the president from among non-members of Congress. Ministers are accountable only to the President, who in turn is accountable directly and exclusively to the electorate. Systems of parliamentary government differ depending on the constitutional role assigned to the parliament, as well as on the electoral and party systems that determine the composition and political organization of these systems. In England, Parliament has unlimited power to make, change or repeal any law, and no other authority, including the courts, can disregard its legislative activities. In contrast, parliaments in other countries face restrictions. In Germany, for example, the powers of the national parliament are limited by the federal constitution, which grants autonomous legislative power to the individual states. The Constitutional Court exists to ensure that Parliament does not pass any law that is 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 the different historical conditions in which different countries created their parliaments. The English Parliament is one of the oldest, it originates from the Witenagemot of the period of the Anglo-Saxon conquest, the great council of the Normans and the council of state, first convened by Simon de Montfort in 1264. You can see how in the nineteenth and early twentieth centuries. the developed parliamentary system provided political stability and effective government, while in other countries there were political revolutions and coups. The historical role of this parliamentary system as the "mother of parliaments" and its obvious merits led continental Europe to want to follow its example, and in the countries of the British Empire it was possible to apply this system directly. The British Commonwealth is still one of the most prosperous abode of parliamentarism. The very historical character 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 to overthrow monarchical absolutism: its electoral system, originally based on the convocation of representatives of the counties, small towns and villages and large cities, thereby anticipated later arguments in favor of proportional representation of party electors on a state basis; its party system developed from within parliament rather than among the populace, and became more and more mature, drawing newcomers, like the Labor Party, for example, into such conventional tenets as parliamentary sovereignty. Great problems for national parliaments were created by the growth of international economic and political interdependence, which orients the ruling elites towards making decisions of a supranational nature. This was especially evident in the case of the European Union (EU), where, along with the joint development of decisions by government leaders, there is a legislative process that assumes that EU law is superior to the legislation of each of the member countries. Among other things, it also challenges the doctrine of parliamentary sovereignty. However, at the same time, concerns about the lack of democratic accountability of the EU's law-making process could lead to a further expansion of the powers of the European Parliament, which would mean that the focus of the study of parliaments could simply shift from a national to a supranational context. In this case, based on the historical conditions of the development of the European Parliament, it can be assumed that its constitutional, electoral and party foundations will develop more along the lines of the parliamentary systems of continental Europe than on the English model. It seems unlikely that a developed EU parliamentary system of government will be created, connecting the legislative and executive powers.

Politics. Dictionary. - M.: "INFRA-M", Publishing house "Ves Mir". D. Underhill, S. Barrett, P. Burnell, P. Burnham, et al. Osadchaya I.M.. 2001 .

Parliament

(English parliament, German Parliament, French parlement from French parler - to speak) - the highest representative and legislative body of the state, performing the functions of representing the main socio-political forces of the country, legislative activity. Parliament arose in England in the thirteenth century. But its structure and functions in individual countries, the procedure for elections are still in the process of formation and development. So, the parliament is mainly built on an elective basis, but in federal states, parliamentarians can become such ex officio, representing the administrative-territorial formations of the subjects of the federations. Depending on the forms of government, the place and role of the parliament are different, which is reflected in its functions, techniques and methods of leadership and management of the state and society.

In the Russian Federation, the parliament consists of two chambers: the Federation Council and the State Duma. The Federation Council consists of about two representatives from each subject of the Federation - the head of the representative and executive authorities.

The State Duma is elected by general direct elections; for a term of 4 years and consists of 450 deputies. A citizen of Russia who has reached the age of 21 and has the right to participate in elections may be elected a deputy of the State Duma.

Deputies of the State Duma work on a professional permanent basis. They are prohibited from being in other public service, combining positions in other representative bodies and local self-government bodies. Deputies of the State Duma are allowed to engage only in teaching, scientific and other creative activities.

The Federal Assembly (Parliament) is a permanent body. Sessions of both chambers of parliament are open, except for certain cases provided for by the regulations of the chamber.

The Constitution provides for the right to create committees and commissions by both chambers of the Federal Assembly. Committees have sectoral and functional focus. These are permanent bodies of the chambers involved in the development of bills, organizational and other issues. Subcommittees may be created within committees. Commissions are temporary in nature and are created to solve certain problems.

The powers of both chambers of parliament are determined by the Constitution of Russia. The jurisdiction of the Federation Council includes: approval and change of borders between subjects of the Russian Federation; approval of the Decree of the President on the introduction of martial law or a state of emergency; appointment of a number of high-ranking leaders and others.

The State Duma adopts federal laws; resolves the issue of confidence in the government, amnesty, appointments and others.

Shpak V.Yu.

Political science. Vocabulary. - M: RSU. V.N. Konovalov. 2010 .

Parliament

(English parliament, from French parler talk)

the highest representative body of power. In many countries the parliament has a special name (eg the US Congress, the Federal Assembly of the Russian Federation, the Norwegian Storting). It was first formed in England in the 13th century. as an organ of class representation. As a rule, the parliament is elected by the population according to the system established by the constitution and performs legislative functions.

Political Science: Dictionary-Reference. comp. Prof. floor of sciences Sanzharevsky I.I.. 2010 .