Legislative Initiative: Implementation Challenges

The legislative activity of a number of public authorities comes down to the fact that these institutions have a right called the legislative initiative. This is the most important instrument of democracy, through which the law is changing.

legislative initiative

The concept

The legislative initiative in the Russian Federation is, first of all, the introduction of a bill by an official or institution vested with such a right. In addition, the first stage of adoption of a regulatory act is the same name. The legislative initiative belongs at the federal level to the Government, the Federal Assembly and the President. Higher courts also have this right. At the regional level, this is the prerogative of representative bodies.

popular legislative initiative
People's legislative initiative

It should be noted that in some countries of Europe, such as Italy, Switzerland, Spain, Germany, this right is realized. We also have such an institution in Russia, but it has not received proper distribution. This is partly due to the fact that the legislative initiative of citizens is not reflected in the country's Constitution. Nevertheless, in certain regions or even at the local level, such a procedure was provided. It means that citizens sign the draft law (a certain amount), then the parliament is obliged to consider it. But such an institution is used extremely rarely, so much so that all practice can be analyzed at once. Unfortunately, in order for the project to be considered in the legislative body of a particular region, it is necessary that a large number of people sign it. But this is not always realistic, because a certain organization is needed for someone to go and collect signatures. This alone cannot be done.

Project Actions

A representative body, for example, the State Duma, should carry out a series of actions on the draft law that has been sent to them. First of all, the compliance with the requirements is checked: whether the legislative initiative proceeds from the subject, whether the form is correct (it is provided for by the regulations), and whether other requirements that apply to such a document are met. If the considered act does not correspond to any of the above, then it is returned for revision. As you can see, all the grounds are formal in nature, so there are few difficulties.

legislative initiative in rf

Value

It is worth talking about this in detail. A legislative initiative is an action to amend adopted regulations. This allows you to implement the main function of the parliament - law-making. In addition, each project is subject to thorough scrutiny, so a certain part is cut off at the stage of adoption. The people are actually excommunicated from this right. In general, in Russia it is not provided for citizens at all, and if there is one in a separate region, then it is practically impossible to implement it. Bills lead to the transformation of legislation, reflecting the real situation in society and the state. Therefore, operational and competent activities for their preparation are so important, because the timeliness of their adoption depends on this.

Source: https://habr.com/ru/post/F25548/


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