The Constitution of the Russian Federation determines the procedure for adopting laws in the Russian Federation. All the main state legislative provisions, normative legal acts are collected in a single system with the highest legal force. Each projected, considered proposal submitted to regulate the management of state structures in the country, subjects of competence of the subjects, are developed on the basis of constitutional norms. Lawmaking is a science without which it is impossible to create a rule of law state. To build it, the procedure for adopting laws in the Russian Federation is followed.
Why do we need a Russian parliament?
The Constitution describes the Federal Assembly as the country's legislative body. In this concept, the basic functions and mission of the Russian parliament are hidden: to create legal acts, to engage in lawmaking. To comply with the procedure for adopting laws in the Russian Federation, before each provision takes its final form, the following are worked on:
- government bodies;
- public associations;
- scientific institutions.
In the structures carry out:
- making decisions on the need for another development;
- prepare proposals;
- substantiate the idea;
- give an expert assessment;
- discuss emerging issues with specialists.
There are many statesmen involved in the procedure for adopting laws in the Russian Federation, their number is not limited. The main place in the work of this complex program is occupied by the Federal Assembly - by definition of constitutional law. All functions in the legislative process are distributed by the regulation between the stages, forms and participants.
Principle basis
To create a truly legal Russian state, the procedure for adopting federal laws in the Russian Federation is necessary, where the basic principles are observed:
- legality;
- scientific validity;
- democracy;
- consistency.
To understand the integral scope and functionality of the legislative process, it is necessary to imagine successive stages that are connected by the final statement. Such stages are tools in the general procedure for adopting federal laws in the Russian Federation and the activities of the legislative body.
General outline of the legislative program
Before a legal act takes legal force, it will go through a complex procedure, it must be approved. The beginning in this scheme is the development of a bill, and the completion is the publication of an act that has gone through all the stages in the procedure for adopting federal constitutional laws in the Russian Federation. General lawmaking model:
- initiators create a bill;
- transmit the document to the State Duma;
- DG reviews the provisions, accepts or rejects;
- sent to the Federation Council for approval or rejection;
- provide final development to the President;
- upon satisfactory approval, as amended, the law is adopted, signed, acquires legal force and published.
There is an optional program when deputies cannot calmly respond to the rejection of a very necessary, in their opinion, project. In this case, the bill passes through the procedure for adopting federal constitutional laws in the Russian Federation under the optional regulation:
- The State Duma deals with acts rejected by the Federation Council and the President;
- The Federation Council is considering laws that the Head of State has not signed.
Time of action
Each law is valid for the period for which it is developed. The beginning of its functioning depends on the onset of legal force and the loss thereof at the end of the term or for other reasons:
- introduction of a state of emergency in the country;
- one act repealed another;
- The position has been replaced by an improved installation.
In accordance with the procedure for adopting laws in Russia, the repealed acts are not endowed with retroactive force, which means when an offense is revealed: the legislative statement that is in force will be applied for its classification. There is an exception: if the punishment under the bill is mitigating or generally repealing, the liability is determined according to new standards.
Spatial restrictions
The effect of legislative acts has a territorial limitation. If the law is adopted in a particular state, the inhabitants of that country are subordinate to it. There are regional acts that have been developed and approved at the local level - in the region, region. Create legal frameworks that are subject to special agreements or laws of the respective country. The distribution of norms occurs to all residents, regardless of citizenship. When tourists from another country come to us, they must obey our rules. If there is a special case and the law is developed for a certain circle of persons, a similar condition should be indicated in the text of the act.
Who is the initiator of the proposals?
All stages are included in each law - the concept, types, procedure for adoption in the Russian Federation begins with someone else's idea or proposal. To come forward with a legislative initiative or propose an act in Russia is given the right:
- To the president.
- Council of the Federation.
- To deputies of the State Duma.
- To the government.
- Representative authorities in the subjects.
- Higher Courts - Supreme and Arbitration.
The procedure for adopting criminal laws in the Russian Federation is respected and implemented at the level of the highest judicial instances.
Officials from certain bodies submit a proposal on a matter of concern to them, develop a bill and submit it to the State Duma. Deputies are obliged to consider it, this does not mean its mandatory adoption and approval. The limitation in the circle of initiators is related to the competence of individuals. Only the listed entities have the necessary amount of information about the state of living standards, provisions in legal proceedings or social security. If you expand the list of bodies or switch to individuals, the State Duma will have to increase its scope of work for additional studies of the issues received with acceptance or rejection at all stages of the program, which requires the adoption of laws of the constituent entities of the Russian Federation.
How is the bill prepared?
For the idea of creating a legislative act to emerge, social needs are identified locally. The basis of a legal norm are:
- data from public practices;
- Scientific research;
- Received proposals from government agencies;
- political parties put forward problems of citizens;
- public figures provide information, individuals also take part.
The bill is being prepared:
- by industry principle;
- create collegially on special commissions;
- adopt an alternative framework.
The most time-consuming process in lawmaking, even if you briefly present the procedure for adopting laws in the Russian Federation, is called the second stage. It can be divided into stages, where the highest legislative body:
- accepts and reviews;
- approves;
- will make public.
The stage of consideration also does not pass simply, but in the context of disputes, debates and votes.
Features of the three-stage readings
If you consecrate the procedure for adopting laws in the Russian Federation in detail in accordance with the regulations of the State Duma, at the Federal Assembly, at first the bill is discussed at three levels.
In the first reading, they consider the main, important aspect in the bill. Work is underway for the parliamentary committee to proceed further, if the deputies agree on all points and pass on the corrected document to this structure. Officials are obliged to finalize it, take into account the comments made and send them to the State Duma.
In the second reading, deputies discuss issues in detail on the articles. The textual content includes amendments, changes and additions. The draft legislative act is again placed at the disposal of the relevant committee in preparation for the next review.
In the third reading, the project can not be changed in any of the paragraphs, except for the substantial edition. At this stage, deputies decide whether to approve the act or cancel it.
What happens to the law after it is approved by the Duma?
The Federal Assembly of the Russian Federation clearly follows the procedure for adopting laws. If the act is approved, 5 days are provided for transmission and adoption by the Federation Council. The constitution allows the acts that the State Duma considered to leave without discussion and automatically approve the decisions taken. There are exceptions: when a constitutional law is adopted, such a regulation is not provided. It is impossible to leave the legislative acts related to the issues without final completion:
- budgetary;
- tax;
- financial;
- currency;
- credit;
- customs;
- ratification and denunciation of international treaties;
- state security.
In any case, the bill is adopted if members of the Federation Council cast half of their votes or have not made any attempts to consider it within 2 weeks. In the working order, disagreements may arise, in order to overcome them, it will be necessary to create a conciliation commission, and the draft will be returned again to the State Duma so as not to violate the procedure for adopting constitutional laws of the Russian Federation or any other that are under special status.
It happens that between government departments there are disagreements with decisions. When the Duma does not accept a resolution from the Federal Assembly, they again vote, and this time 2/3 of all the deputy votes are enough. Each step taken is documented by relevant regulations. After all approvals, the fate of the law is decided by the President.
The right of the head of the country
Putin is clearly aware of the procedure for adopting laws in the Russian Federation. When the act arrives at his residence, he is obliged, despite his employment and state ups and downs, to make a decision within 2 weeks:
- sign the legislative approval;
- reject completed, past a long way, development.
The prohibition to promote the law or veto preserves balance and serves as a management tool over the actions of two power branches. These include the legislative and executive structures. The ban may be different in level: absolute and relative.
In the event of a final veto, the parliament loses its authority to further advance or consider a legislative issue. This structure does not have such legal opportunities to discourage the leader of the country. With a relative veto, the situation is simpler: they vote and, depending on the votes, make a decision. There is one caveat: our President did not create a law to endow himself with an absolute veto. The last person in Russia who possessed him was the emperor. Perhaps the State Head does not need additional wands, since the authorities do not risk especially contradicting him. According to constitutional legislation, the State Duma may, if the law is rejected within the prescribed time limits, resume consideration. When 2/3 of the deputies approve of it, the document is returned to the President, he must sign it within a week, despite his disagreement.
Final stage order
The adopted law must be promulgated or communicated to citizens on all approved points in two ways: official or unofficial.
Under the official publication should be understood receipt of the act for publication in print media. The Constitution of the Russian Federation in article 15 states that if the law was not published in the media, the population was not acquainted with it, it cannot be applied in practice. Such an act has no legal force if it is associated with the rights, freedoms, and duties of citizens. Publication takes place on behalf of the government agencies that created it. Similar actions are regulated by terms.
Approved acts appear in official publications if they are intended for such literature. Once the law has been made publicly available, its links can be used by filing lawsuits in articles on legal topics. Regulates the procedure for promulgating laws of all levels. Federal Law No. 5.
Feature of Russian law
Russian lawyers believe that the main problem in the multistructure law of our state lies in its understanding. Not everyone can interpret a complex, multi-link, dynamic mechanism. Russia continues to build a democratic power, it is at the stage of becoming one. Social life in all areas of its manifestation undergoes various changes with positive and negative results. The ambiguity in the interpretation of the same concepts leads to disagreement. A country cannot become legal in every sense from a single declaration, and even constitutional norms are not enough for this. The formation of the state takes place in a long historical process. Its safe growth is possible if the following conditions are present:
- a high degree of development in the economy and culture;
- citizens belong to a moral spiritual society.
This means that in the country it is necessary to grow and educate the ideal population, then there will be no problems with it. Both such a society and an ideal legal state do not exist in any part of the world. But the legislator must strive for high-quality lawmaking in Russia. So that the adopted legislative acts emanating from various branches of power do not contradict the constitutional and general standards, comply with the principles laid down in international law. For this, constancy in laws is necessary so that people without legal education know their rights and freedoms.
There is no stability in the legislation; it is a state-level problem. How can people be legally literate if there are constant changes in the adopted acts and codes? When the legislator corrects one minus in the legal situation, for some reason another appears at the same time. The formation of multiple contradictions in the codes is due to their poor consistency with each other. The entire legal system is based on the Constitution; it, as a guarantor of political, social, and economic success, must also be stable.