In each region of the Russian Federation there is a legislative body formed on a representative basis. These institutions are permanent. Let us consider in more detail the features of the legislative bodies of the constituent entities of the Russian Federation.
General information
The name and structure of the legislative body of the subject of the Russian Federation determines independently. This takes into account national and historical traditions and conditions.
The names of the legislative bodies of the constituent entities of the Russian Federation are different. For example, in St. Petersburg - this is the Legislative Assembly, in the Yamalo-Nenets Autonomous Okrug - the State Duma, in the Samara region. - Provincial Duma, in the Karachay-Cherkess Republic - the National Assembly, in Khakassia - the Supreme Council.
In a number of constituent entities of the Russian Federation, the legislative body has a complex name. For example, in Adygea - Khas, in Bashkortostan - Kurultay, in Yakutia - Il Tumen.
Structure
As a rule, the legislative bodies of constituent entities of the Russian Federation are unicameral. However, in a number of regions these institutions consist of 2 chambers (for example, in Tuva, Sverdlovsk region). That chamber, which directly passes laws, is called the lower one. The upper one, in turn, considers adopted bills, approves or rejects them.
Formation of legislative bodies of constituent entities of the Russian Federation
The election of deputies to regional representative bodies is carried out by the population of the respective subject by secret ballot. At least half of the legislative body of a constituent entity of the Russian Federation (if bicameral - at least 50% of one of the chambers) must run in a single district in proportion to the total number of votes that were cast for lists of candidates from electoral blocs, associations.
The number of deputies is determined in the charter (constitution) of the region:
- In the Sverdlovsk region, for example, 49 people work in the legislative body: in the House of Representatives - 21, in the Regional Duma - 28;
- in the Orenburg region - 47;
- in the Kurgan region - 33;
- in YaNAO - 21;
- in Khanty-Mansi Autonomous Okrug - 25;
- in Komi-Permyak Autonomous Okrug - 15.
Legal status of the legislative body of a subject of the Russian Federation
The considered power institutions have the rights of a legal entity. Each legislative body has its own stamp.
Representative bodies decide issues related to material, technical, financial, informational, organizational, legal support of their work independently. The costs of the activities of the legislative body of a constituent entity of the Russian Federation are provided for as a separate line (article) of the regional budget.
Credentials
All of them are divided into three large blocks:
- The scope of state law.
- Socio-economic and financial areas.
- Foreign and international relations.
The powers of the legislative (representative) bodies of the constituent entities of the Russian Federation in the field of state and legal structure include:
- Adoption of the constitution (charter) of the region, amending it.
- Legislative regulation on issues under the jurisdiction of the subject and joint jurisdiction with the Russian Federation.
- Interpretation of laws.
- Monitoring compliance with and enforcement of the provisions of the constitution (charter), other normative acts, the budget, and the procedure for disposing of regional property.
- Administrative and municipal territorial division of the subject.
- Legislative initiative in the Federal Assembly of the Russian Federation.
- Establishment of rules for convening and holding a referendum in the region, elections, including to municipal authorities.
- Approval of subject management plans, structure of the higher regional executive institute of power.
- Approval of a candidate for the highest executive structure.
- Dismissal of the highest official of the region (president, head of administration, governor).
- The establishment of state awards of the subject, the establishment of honorary and special ranks.
Financial and socio-economic direction
In these areas, the following powers of the legislative (representative) authority of the constituent entity of the Russian Federation are exercised:
- Approval of the budget and report on its implementation.
- The establishment of fees and taxes attributed to the jurisdiction of the subject, the determination of the procedure for their collection.
- Approval of programs for the socio-economic development of the region.
- Determining the procedure for the formation and activities of the currency and extra-budgetary funds of the region, approval of reports on the expenditure of their funds.
- Approval of the rules for managing and disposing of regional property, including shares / stocks / shares in the capital of partnerships, companies, and other business entities.
Foreign and international relations
In these areas, the legislative body of a constituent entity of the Russian Federation has the right to approve draft agreements between state authorities and federal structures on the delimitation of objects of jurisdiction, approve international and foreign economic agreements with the participation of the region.
The Constitution of the Russian Federation, federal legislation, charters and other regulatory documents give the institutions in question many other powers.
Composition
The work of the legislative body is led by the chairman and alternates. They are selected from among the deputies. The chairman and deputies fulfill their duties until the formation of a legislative body of a new convocation.
Representative institutions of some entities include collegial bodies: presidiums or councils. They coordinate the work of commissions and committees, prepare plenary meetings.
The chairman
He leads meetings, coordinates the work of commissions, committees, signs acts of the legislative authority of a constituent entity of the Russian Federation, and also manages the apparatus. The Chairperson is accountable to the representative body. Dismissal is carried out by secret ballot at a meeting. The Chairman is entitled to voluntarily resign. To do this, he submits an application.
If the legislative body consists of two chambers, the organization of their work is assigned either to the chairman or to the heads of the chambers elected for these purposes.
Chamber meetings
As a rule, they are carried out separately. Joint meetings are organized to hear reports, messages from the head of the region, the charter court, government, and speeches of foreign representatives. Other issues provided for in the charter or constitution of the region may be considered.
Preliminary discussion and preparation of draft laws and resolutions is carried out by commissions and committees. They are formed from among deputies. These commissions and committees are considered permanent. To resolve individual issues, temporary structures may be formed. The legal status, the procedure for the formation, activities of committees and commissions are established by the provisions on them, the regulations of the representative body or its chambers.
Sessions and sessions are considered the main organizational and legal forms of activity of the legislative institute of power. The first are organized as needed.
Often, legislation establishes the frequency of meetings / sessions. For example, in the charter of the Tyumen region. It is established that meetings of the Regional Duma are held at least 1 r / month. As a rule, they are open. In some cases established by law, meetings may be closed.
The competence of the meeting is determined by the charter / constitution, the law of the region. It should be distinguished from the competence of the representative body itself. The legislative institute of regional power has the right to organize and conduct meetings, make decisions at them, carry out its activities in other forms, if it includes at least 2/3 of the number of deputies established by the charter / constitution.
Deputies
They are plenipotentiaries of the people. In most regions, deputies of legislative bodies carry out activities on an ongoing professional basis. In some entities, deputies combine lawmaking with other work.
Normative acts provide for several restrictions for deputies. So, during the entire term of office, these persons are not entitled to carry out other paid activities, except for teaching, creative, scientific. In addition, a deputy is forbidden to fill state, municipal (elective, including) posts, to be a deputy of other legislative bodies or another chamber.
Guarantees of immunity
Bringing a deputy to administrative or criminal liability, arrest, detention, search, interrogation, as well as other criminal or administrative procedural actions, operational investigative and other procedural measures in relation to him, vehicles (official and personal), his baggage , correspondence, communications, documents is carried out in a special manner. Special rules are established by federal laws.
The initiation of criminal proceedings against the deputy, his involvement in the status of the accused is carried out by decision of the prosecutor of the subject of the Russian Federation in accordance with the conclusion of the judicial board.
Upon the recommendation of the prosecutor, the court formulates a conclusion on the absence or presence of evidence of a crime in the actions of the deputy. Consideration of the presentation is carried out in closed session. At the same time, the deputy in respect of whom it was submitted, as well as his counsel and the prosecutor are present at the hearing. The meeting is held no later than 10 days from the date of receipt of the application.
Nuances
A deputy cannot be held administratively or criminally liable for the opinion expressed, the position expressed during the voting, other actions corresponding to his status, including after the expiration of the term of office. This rule, however, does not apply to cases where a deputy has committed an insult, defamation or other violation, sanctions for which are established in federal law.
Normative and other documents of representative bodies
Regional legislative institutes adopt acts on subjects assigned to their jurisdiction, as well as joint jurisdiction with the Russian Federation. The number of normative documents includes laws, charters, constitutions, statements, appeals, resolutions.
Acts adopted by the legislative body on subjects of joint jurisdiction with the Russian Federation must not contradict federal legislation, acts of the Government and the President. In case of non-compliance, the provisions of regulatory documents of federal institutions of power are applied.
After adoption, laws are sent to the head of the region. He signs them and then makes them public. If there is a reason, the head of the region can use the right of a suspensive veto: return the bill with a motivated justification for its decision or with a proposal to make adjustments.