Functions of the Federal Assembly of the Russian Federation under the Constitution: characteristics, comments

In accordance with the constitutional order in our country, the Parliament recognized the Federal Assembly of the Russian Federation. The functions of this important state body deserve a detailed analysis, which will help to understand the features and disadvantages of the domestic legislative process.

The highest level of legislative power

The internal structure of the Federal Assembly implies the division of the body into two chambers - the State Duma and the Federation Council. There are several main advantages to explaining the bicameral parliament phenomenon. For example, a guarantee of democracy as one of the fundamental constitutional principles in Russia is that one of the chambers directly reflects the interests of administrative-territorial entities. In addition, the adoption and publication of legislative acts takes place at a higher level due to a thorough discussion by the two working chambers. At the same time, political scientists note that the functions and structure of the Federal Assembly of the Russian Federation also have a number of shortcomings, which include the inhibition of the legislative process, the prevailing conservatism and restraint in it. We must also not forget about the inconsistency and disunity between members of parliament caused by frequent confrontations and conflicts.

The interaction of the two chambers

Despite the difficulties in finding a state-legal consensus, it would be wrong to talk about the predominance of one chamber over another, expressed subordination to each other. Moreover, in the system of separation of branches of power, the Russian parliament is considered as a single whole. The Federation Council and the State Duma have balanced, mutually compensating functions and powers. The Federal Assembly of the Russian Federation is a basic state structure, which is an integral element in the mechanism of state administration.

functions of the federal assembly of the russian federation

Moreover, the State Duma and the Federation Council in most cases interact with each other. Jointly, the chambers of work defend their points of view in disputes regarding the separation of powers. Being in close cooperation, they actively participate in the formation of higher state bodies (for example, the Central Election Commission, the Accounts Chamber, etc.). At the same time, the daily activities of the members of both houses take place separately from each other. The relevant section of the Constitution of the Russian Federation provides only a few cases in which the State Duma and the Federation Council can come together to hear a recommendation from the President of the Russian Federation, a decision of the Constitutional Court, as well as official speeches of foreign heads of state.

Representative body of state power

Nevertheless, several directions in the work of the Federal Assembly of the Russian Federation and its functions can be distinguished. The action plan can be summarized in three main tasks, the implementation of which is vested in the chambers of the Russian parliament:

  • representative;
  • legislative;
  • control

Any direction of their activity is called upon to express the popular will, without which the existence of democratic systems in the state is impossible. The representative functions of the chambers of the Federal Assembly of the Russian Federation are realized through nationwide events, the purpose of which is to express the free choice and aspiration of citizens. Ultimately, this allows you to timely identify the needs of social circles, given the relationship of federal relations. Thanks to such powers, the State Duma and the Federation Council ensure a peaceful, non-violent transfer of power from some representatives chosen by society to others, based on the free will of Russian voters.

Power given by the people: legal representatives with mandates

By the way, in any state, it is parliament that is called upon to represent national interests. In Russia, this body is the only one among the sovereign institutions, the right to form which is possessed by capable and capable citizens, i.e., the population of our country.

Federal Assembly of the Russian Federation and its functions plan
In this aspect, the notion of a mandate, which is, in fact, a privilege, gives the newly elected representatives of democracy a wide range of powers, is of no small importance. Thus, the representativeness of parliament is a property that predetermines other important areas of activity.

Feedback and communication with voters

If we consider the functions of the Federal Assembly of the Russian Federation in accordance with the Constitution of the Russian Federation, it is easy to conclude that the representation of this body is often expressed by the duty of deputies to maintain direct contact with the electorate. Potential voters are also interested in bringing to the attention of the people's representatives the essence of social problems. Thanks to the right of legislative initiative, the parliament is able to reflect in its activities important issues of the population, approving regulatory legal acts. An example is the position of deputies on pressing issues, as well as official comments and assessments of parliamentarians regarding specific phenomena of public life in the state.

Lawmaking

The right of legislative initiative flows smoothly from the powers of the Federal Assembly of the Russian Federation and its functions in terms of ensuring public interests. The opportunity that this collegial body has is the most significant and most important. Within the framework of the legislative function, the entire state-legal system has been formed, guaranteeing full regulation of public relations in all areas.

functions of the council of the federation of the federal assembly of the russian federation
Regulatory consolidation of needs is the preparation and adoption of documents expressly provided for by the Constitution of the Russian Federation. In other cases, legislative acts are issued, the need for adoption of which is determined by the pace of development of public relations in the relevant industry.

Regulatory framework

It would be more correct to characterize the legislative function of the Federal Assembly of the Russian Federation (under the Constitution, which really belongs to parliament):

  • implies the establishment and guarantee of law and order;
  • the prevalence of published regulatory documents over custom, precedent is allowed;
  • focus on partnerships, coordination alliance and cooperation with other branches of government;
  • stability of the state and public system is ensured;
  • the legal basis for the development and improvement of the administrative apparatus is being set.

It is impossible to conduct a full analysis of the legislative function of the Federal Assembly of the Russian Federation without taking into account achievements in this industry. An important point is that the predominant part of the regulatory framework operating in the territory of the state was adopted by lawmakers for the short period of the existence of the Russian Federation as an independent power. Parliamentarians have issued hundreds of laws regulating legal relations of federal and civil significance.

federal assembly of rf function structure

Documents relevant to the entire state

From the very beginning of the activities of the Federal Assembly of the Russian Federation, the functions of legislative initiative were fully implemented. First of all, the parliament amended and supplemented the provisions relating to the work of the judicial system, the Constitutional Court, and the government of the Russian Federation. The amendments also affected the status of the Ombudsman in the Russian Federation, the rules of referenda and popular elections, the procedure for amending the Constitution of the Russian Federation. One cannot but recall the correction of a whole series of codified legislative acts affecting the most important aspects of the life of the state and society. Among the codes, Civil, Criminal, Family, and Arbitration Procedural have the greatest significance.

Disadvantages of the legislative function

At the same time, the mechanisms for the implementation of the legislative powers of the State Duma and the legislative functions of the Council of the Federation of the Federal Assembly of the Russian Federation are imperfect and have a number of negative aspects. Difficulties and disagreements between the two representative chambers have been repeatedly seen in approaches to creating a regulatory framework in general and developing new bills. To eliminate the problems, it is important to formulate the primary tasks, the solution of which would enhance the interaction of all government bodies in the process of lawmaking.

functions and powers of the federal assembly of the russian federation
Overcoming the negative experience of fulfilling the legislative function by the Federal Assembly of the Russian Federation will help to clarify the list of powers of the parliament in the process of improving the quality of adoption of legal acts and adjusting existing documents.

What is meant by parliamentary control?

The control powers of the Senate and the State Duma can be described as the right of the population to monitor the work of state bodies to which it has delegated power. In the democratic system of building a society, this principle is fundamental, and therefore, no state formation should be without appropriate control. Consequently, the Federal Assembly of the Russian Federation as a representative body elected by the people has a number of control powers, but has some limitations. Examples of the implementation of this function are:

  • hearing government reports on budget implementation;
  • parliamentary request for information to any government agencies requiring an immediate response;
  • coordination of candidates for the posts of diplomatic missions and representatives of the Russian Federation in foreign states.

functions of the chambers of the federal assembly of the russian federation

Control of the Federal Assembly over the activities of the President

The possibility of the President’s removal from office by the Federation Council deserves special attention, provided that the State Duma accuses him of treason, of committing a serious crime by the head of the country. In this case, the decision of the chambers shall be deemed adopted by a primary vote (at least two-thirds of the total number of participants in each collegial body). The termination procedure should be implemented within a three-month period from the moment the State Duma presents the President with charges.

The scale of parliamentary functions

Interestingly, the institution of control of the Federal Assembly in the Constitution did not find its direct fixation. At the same time, numerous norms confirm the legitimacy of the powers cited in the example. Moreover, over the past few years, the control functions of the Federal Assembly of the Russian Federation have undergone significant changes, the purpose of which is to covertly expand the power of the parliament. Evidence of what has been said are separate regulatory acts that directly establish the need for parliamentary control over the activities of federal bodies within the limits in accordance with the powers determined on a constitutional basis. For example, the control functions of the Federal Assembly of the Russian Federation extend to foreign intelligence agencies and the state security system. The tendency to consolidate and increase parliamentary powers is obvious.

It is worth noting that the desire to provide additional opportunities for the State Duma and the Senate, the creation of the legal background of their control over the activities of government structures is rooted in Soviet times. Even then, in the RSFSR, the parliament was authorized to control both the activities of the central departments and the work of individual representatives of the executive branch bodies, to make petitions to impose penalties on officials and so on.

functions of the federal assembly of the russian federation from the constitution
And today, the implementation of the basic functions of the Federal Assembly of the Russian Federation (representative, legislative and control) contributes to the implementation of global state and political tasks.

Source: https://habr.com/ru/post/F21793/


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