The Federal Law "On Parliamentary Control" regulates public relations relating to the implementation of FS chambers, their committees, as well as members of the Federation Council, State Duma deputies, the commission for the investigation of circumstances and facts that became the basis for the audit, the Audit Chamber of the supervisory activity provided for by the regulatory, including constitutional, acts and regulations. Let us consider some of the provisions of the document.
Goals
Parliamentary control in the Russian Federation is aimed at:
- Ensuring compliance with the provisions of the Constitution and other regulatory documents.
- Protection of guaranteed freedoms and human and civil rights.
- Strengthening the rule of law.
- Identification of urgent problems in the work of state structures, increasing the effectiveness of public administration and attracting the attention of relevant institutions and officials to the identified shortcomings for their elimination.
- The study of the practice of applying regulatory provisions, the development of recommendations aimed at improving the legal system and increasing the efficiency of its functioning.
- Anti-corruption.
Key principles
The Law on Parliamentary Control defines a number of basic provisions on which the entire system of supervision is based. In particular, the following principles stand out:
- Respect for freedoms and human and civil rights.
- Legality.
- Consistency.
- Separation of power.
- Publicity.
- Independence and autonomy of authorized institutions.
Information on supervisory activities is available and open to the media and society. It can also be distributed via the Internet. The FS ensures the availability of information, except for data whose openness is limited by regulatory acts. The concept of parliamentary control must be distinguished from investigations, legal proceedings, operational-search measures, the work of state and municipal structures. Intervention of authorized entities in these types of activities is not allowed.
Parliamentary control bodies
The entities authorized to carry out the type of supervisory activity under consideration include:
- Chambers of the Federal Assembly. They are the State Duma and the Federation Council.
- Commissions and committees of the chambers of the Federal Assembly.
- State Duma deputies, members of the Federation Council.
- The parliamentary commission authorized to conduct an investigation of the circumstances and facts that became the basis for the audit.
Parliamentary control in the Russian Federation is authorized to exercise and the Accounts Chamber (SP). She, acting as a higher institution of state audit, reports to the FS. The procedure for its participation in supervisory activities is regulated by Federal Law No. 41 and Federal Law No. 52.
Forms of exercise of authority
Parliamentary control of the executive branch is carried out by:
- State Duma consideration of the issue of confidence in the Government.
- Hearing at meetings of information of officials of executive structures, other state bodies, extra-budgetary funds, deputies of the State Duma. These entities also submit reports to authorized commissions and committees.
- Hearing information on emergency issues from the Prime Minister, his deputies, the leaders of the Central Bank and the CEC.
- By invitation of members of the Higher Executive Institute and other officials to meetings of commissions and committees of the chambers of the Federal Assembly.
- Listening to the annual final reports of the Government on the results of its work, answers to questions posed by the State Duma.
Budget Oversight
Parliamentary financial control involves:
- Chambers of the Federal Assembly, their committees, joint ventures carrying out activities to carry out preliminary, current and subsequent inspections in the field of budget relations.
- Consideration by the State Duma of the annual final reports of the Central Bank, adoption of decisions on them.
- Listening to Central Bank reports on the work of the regulator. It is carried out in the process of submitting a final report and key areas of a unified monetary policy.
- Implementation of other forms of parliamentary control in relation to the Central Bank in accordance with Federal Law No. 86.
- Appointment and removal of the Chairman of the joint venture, his deputy and auditors.
- Interaction of the State Duma and the Federation Council with the Accounts Chamber in the forms and in cases established by regulatory act No. 41.
Other forms of activity
Parliamentary control in the Russian Federation also provides for:
- Listening to the Federation Council of the annual summary reports of the Prosecutor General on the state of law and order in the country.
- The interaction of the State Duma with the Commissioner for Human Rights.
- The sending of representatives from the FS chambers to the structures created in accordance with applicable laws, as well as the recall of these persons.
- Organization of parliamentary investigations and hearings.
Supervision of regulatory enactments
Parliamentary control is established over the process of adoption of draft legal documents, the development and approval of which is regulated by federal law. The Chambers of the Federal Assembly oversee compliance by the Government and other government agencies with the deadlines for the adoption of acts, the completeness of regulation of emerging legal relations to identify gaps. Parliamentary control of this nature is carried out in the manner prescribed in the regulations of the Federation Council and the State Duma. Not later than one month after the end of the quarter, the Government sends to the FS chambers information about the development process and the expected timing of the adoption of acts.
Hearing answers to questions from State Duma deputies and Federation Council members
Carrying out parliamentary control, representatives of the chambers of the Federal Assembly have the right to invite officials of the Government and other government agencies to meetings. During their conduct, time is allocated for hearing answers to questions from State Duma deputies and members of the Federation Council. Within the framework of such a “government hour”, together with representatives of the Government and other officials, an auditor from the Accounts Chamber may be invited to supervise the relevant area of its activities. In addition, other issues may be discussed. For example, they may relate to the effectiveness of the use of budget funds in specific areas, the achievement of indicators of targeted programs. The commissions and committees of the chambers, exercising parliamentary control, may invite ministers and their authorized employees to their meetings.
Inquiry
It is sent by the chambers of the Federal Assembly to the Chairman and members of the Government, the Prosecutor General, the heads of the Central Bank and other state, regional or municipal structures, extrabudgetary funds on issues within the competence of these institutions. The official who received the request is obliged to give an answer to it verbally at a meeting of the chamber. By agreement with the Parliament, it may be sent in writing within fifteen days from the date of receipt of the question or in another period established by the FS. If the answer is found to be unsatisfactory, the State Duma or the Federation Council is entitled to send a second request.
Investigation
It relates to circumstances and facts that have negative consequences for the state and society. Parliamentary control in this form can be carried out by creating a commission on a parity basis. The investigation is carried out in the manner prescribed by regulatory act No. 196, adopted on December 27, 2005.
Supervision of the activities of representatives of the chambers of the Federal Assembly
Supervisory boards are formed in organizations formed by the Russian Federation in accordance with regulatory enactments. Their members, acting as representatives of the State Duma and the Federation Council, are required to submit annually a report on their work at meetings of relevant committees under the corresponding chamber. The regulations may provide for a different reporting procedure.
Preliminary budgetary oversight
Within the parliamentary control of the chamber:
- They discuss projects of key areas of the state budget and tax policy.
- Consider program plans and suggestions for changes to them.
- Participate in the discussion of draft regulatory acts on the federal budget, on expenditure-revenue articles of extrabudgetary funds for the coming and planned years, consider and approve them.
The state structures responsible for the development and implementation of state programs, together with the submission of relevant plans to the Government, send them to the State Duma. In the lower house, projects are reviewed by relevant committees, including taxes and budgets. The Ministry of Finance, together with the introduction of a plan on the main directions of the financial and tax policy of the state for discussion by the Government, presents them to the State Duma. In the lower house, consideration of these projects is carried out by the Committee on Mandatory Contributions and Budget. The State Duma no later than one day (working day) after receiving the relevant projects addresses them to the Federation Council.
If necessary, parliamentary hearings can be held on the plans presented . They are attended by the Federation Council committees and the Accounts Chamber. Conclusions drawn up by relevant committees, including on taxes and budgets, financial markets, federal structure, local government, regional politics and the affairs of the North, recommendations made at meetings are sent to the Government.
Current work
Within the framework of such control, individual issues are considered relating to the execution of the state budget and expenditure-revenue items of extrabudgetary funds. The discussion is carried out at meetings of the commissions and committees of the chambers of the Federal Assembly during the hearings. Subject to discussion are questions posed in requests sent in accordance with regulatory act No. 3.
Follow-up supervision
Parliamentary oversight in this form involves the discussion and adoption of reports on the execution of the state budget, revenue-expenditure items of extrabudgetary funds in accordance with the BC. In the process of considering the annual final report at the meeting, the head of the Ministry of Finance speaks. The report on the execution of the budget and income-expenditure items of extrabudgetary funds is also presented by the Chairman of the JV. According to the results of the discussion of reports and the submitted final documents, the State Duma rejects or adopts a normative act.
Conclusion
As follows from the Federal Law No. 52 "On parliamentary control", this activity includes various measures. They can be implemented in various forms and are provided for in regulatory enactments and regulations. Many of the established activities are carried out with the involvement of representatives of other government agencies. In particular, officials of the Accounts Chamber, the Prosecutor General may be invited to a meeting. A large amount of work is performed by specialized committees and commissions of the FS chambers. During parliamentary control, special attention is paid to budget execution, the activities of representative structures that adopt regulatory acts. Parliamentary oversight is considered a specific area of oversight. Its main goal is to ensure compliance with the provisions of the Constitution and other regulatory documents.