Constitutional status of the Federation Council of the Russian Federation. Constitutional and legal status of the Federation Council of the Russian Federation. Conditions for the exercise by parliamentarians of their powers

The Federation Council is the upper house of the Federal Assembly (parliament of Russia), which, according to the Russian Constitution, includes 2 representatives from each constituent entity of the Russian Federation - one from the representative and executive bodies of state power.

According to Article 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council includes:

· Approval of changes in the boundaries between the constituent entities of the Russian Federation;

· Approval of the decree of the President of the Russian Federation on the introduction of martial law;

Approval of the decree of the President of the Russian Federation on the introduction of a state of emergency

· Appointment of elections of the President of the Russian Federation;

On issues attributed to its jurisdiction by the Constitution of the Russian Federation, the Federation Council adopts resolutions that are adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.

In the field of lawmaking, the Federation Council takes a subordinate role in relation to the State Duma. Any laws are first submitted to the State Duma, and only after approval by the lower house are submitted to the Federation Council for consideration.

When considering laws adopted by the State Duma, the Federation Council does not have the right to make amendments, but can either approve or reject the law as a whole. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it, or if it has not been considered by the Federation Council within fourteen days.

Circumstances excluding the criminality of the act and the limits of their legality.

Circumstances precluding the criminality of an act are conditions recognized by criminal law under which acts that formally contain signs of the objective aspect of a crime provided for by the criminal law do not entail criminal liability.

34. Criminal liability

Criminal liability is a type of legal liability.

Legal responsibility is inextricably linked with the state, the rule of law, duty and illegal behavior of citizens and their associations. The state, issuing the norms of law, determines the legal responsibility of the subjects regardless of their will and desire, it is of a state-compulsory nature.

In contrast to moral responsibility, legal responsibility is characterized by the presence of state coercion. A characteristic feature of such coercion is that this activity itself is strictly regulated by law and has its own legal framework.

On the one hand, the subjects of legal responsibility are the state represented by state bodies and officials (court, prosecutor's office, police, various administrative bodies, etc.), on the other hand, individuals and their associations are acting. The state in these legal relations always acts as a subject endowed with power.

Legal liability has the following main features:

· Legal responsibility acts as a legal relationship arising between the state represented by its special bodies and the offender;

· Legal responsibility is expressed in certain negative consequences for the offender in the form of personal, property, organizational and physical deprivation or restriction;

· Legal responsibility is always regulated by regulatory legal acts;

· Legal responsibility is implemented in a strictly prescribed manner by law;

· Legal responsibility arises for the committed offense.

All of the above features are inherent in criminal liability. However, criminal liability has a number of features that distinguish it from other types of liability (administrative, civil, disciplinary liability).

These features are expressed in the following:

· Criminal liability on behalf of the state is applied only by strictly defined bodies (court, prosecutor's office, investigation, inquiry);

· Criminal liability is expressed in the most severe, but strictly defined types of negative consequences (criminal penalties) for the offender;

· Criminal liability is established exclusively by the norms of the Criminal Code;

· Criminal liability is embodied in the manner established by the norms of criminal procedure legislation, the slightest deviation from which leads to the illegality of the application of criminal liability;

· Criminal liability arises for the committed act, which is defined as a crime in a special part of the Criminal Code.

Thus, criminal liability is a legal relationship that arises between the state represented by strictly defined bodies and an individual who committed an act defined by the Special Part of the Criminal Code as a crime and expressed in the application of state coercion (criminal punishment) to the perpetrator in a strictly established procedural procedure ...

Criminal liability is implemented in the form:

· Prosecution;

· Sentencing;

· Execution of punishment;

· Convictions.

Grounds for criminal liability. The criminal legislation of the Russian Federation establishes that the basis for criminal liability is the commission of an act containing all the elements of a crime provided for by the criminal law (Article 8 of the Criminal Code of the Russian Federation).

The objective basis for criminal liability is the commission by an individual not of any act, but only of a socially dangerous act that infringes on social relations protected by criminal law.

At the same time, the criminal legislation of the Russian Federation categorically rejects objective imputation and recognizes the possibility of liability only when a person committed a socially dangerous act is guilty, that is, intentionally or through negligence. Consequently, the guilt of a person in the commission of a crime is a subjective basis for criminal liability.

Objective and subjective grounds of responsibility allow us to establish that this particular person has committed a socially dangerous act. Therefore, for criminal liability it is required to establish a legal basis, which, in accordance with Art. 8 of the Criminal Code is the presence in the deed of all signs of corpus delicti.

The corpus delicti is understood as a set of certain features (elements), in the presence of which the committed socially dangerous act is recognized as a crime. These mandatory features include: the object of the crime, the objective side of the crime, the subject of the crime, the subjective side of the crime.

The object of a crime is social relations that have developed in society, interests and benefits protected by criminal law, which are encroached upon by this or that criminal encroachment. The objective side characterizes the external manifestation of a socially dangerous encroachment on an object protected by criminal law, expressed in action or inaction. The subject of a crime is a sane person who has committed a socially dangerous act provided for by the Special Part of the Criminal Code, who has reached the age of criminal responsibility established by law. The subjective side characterizes the internal, mental attitude of a person to what he has done and to the consequences that have occurred. All these elements of the composition will be discussed in more detail later.

Only the corpus delicti contains objective and subjective grounds for bringing the perpetrator to criminal responsibility. The presence of all signs of corpus delicti is strictly required. The absence of at least one of them excludes the possibility of bringing a person to criminal responsibility.

types of criminal penalties

Punishment - a measure of state coercion, provided for by the Criminal Code of the Russian Federation, applied by a court verdict on behalf of the state to a person found guilty of a crime.

Punishment is applied in order to restore social justice, as well as to correct the convicted person and prevent the commission of new crimes.

The Criminal Code of the Russian Federation has 13 types of punishment, which are divided into two groups: main (applied independently) and additional (used only in combination with the main), as well as measures used as both basic and additional.

Compulsory labor, correctional labor, restriction of military service, restriction of freedom, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment, the death penalty are applied only as the main types of punishment.

A fine and deprivation of the right to hold certain positions or engage in certain activities are applied as both basic and additional types of punishment.

Deprivation of a special, military or honorary title, class rank and state awards are applied only as additional types of punishment. Confiscation of property has been excluded from the list of types of punishment and is currently used as another measure of a criminal law nature.

A fine is a pecuniary penalty imposed within the limits provided for by the Criminal Code of the Russian Federation.

The essence of the fine is to infringe on the property interests of the person guilty of the crime.

Determination of the amount of the fine is provided in two ways:

in the form of a certain amount of money (from 2.5 thousand rubles to 1 million rubles);

in the form of wages or other income of the convicted person for a certain period (from two weeks to five years).

This is of great practical importance, since the punishment is equally repressive in relation to different segments of the population.

In the event of malicious evasion of the payment of a fine appointed as the main punishment, it is replaced within the limits of the sanction provided for by the article of the Special Part of the Criminal Code of the Russian Federation (part 5 of Art. 46).

The concept of malicious evasion of the payment of a fine is defined by the criminal executive law: a convicted person who has not paid the fine or part of the fine within the time period established by Part 1, 3 of Art. 32 of the RF PEC.

Deprivation of the right to hold certain positions or engage in certain activities consists in the prohibition to hold positions in the civil service, in local self-government bodies, or to engage in certain professional or other activities.

When convicted for committing a grave or especially grave crime, taking into account the personality of the guilty person, the court may deprive him of his special, military or honorary title, class rank and state awards.

Compulsory work consists in the performance of free socially useful work by convicts in their free time from their main work or study. The type of compulsory work and the objects on which they are worked out are determined by local government bodies in agreement with the criminal executive.

The features of the type of punishment under consideration are:

compulsory work;

performance of work only in free time from the main work or study;

free work for the convict;

determination of the type of work and the facilities where they are served, by local authorities in agreement with the criminal executive inspectorates.

In relation to convicts who maliciously evade serving compulsory work, the criminal executive inspectorate sends to the court a submission to replace compulsory work with another type of punishment in accordance with Part 3 of Art. 49 of the Criminal Code of the Russian Federation.

Correctional labor is assigned to a convict who does not have a main place of work, and is served in places determined by the local self-government body in agreement with the body executing punishment in the form of correctional labor, but in the area of ​​the convict's residence.

In case of malicious evasion from serving the sentence by a person sentenced to corrective labor, the court may replace the unserved part of the sentence with restraint of liberty, arrest or imprisonment on the basis of one day of restraint of liberty for one day of corrective labor, one day of arrest for two days of corrective labor, one day imprisonment for three days of correctional labor (part 4 of article 50 of the Criminal Code of the Russian Federation).

The restriction on military service consists in depriving the possibility of promotion in office and military rank of convicted servicemen doing military service under a contract, with the simultaneous deduction of a part of their monetary allowance established by a court verdict for the state (Article 51 of the Criminal Code of the Russian Federation).

While serving a restriction on military service, the convicted person cannot be promoted in position, military rank, and the term of punishment is not counted in the length of service for assigning the next military rank (part 2 of article 51 of the Criminal Code of the Russian Federation). Restrictions on military service are imposed for a period of three months to two years, and when a soldier replaces corrective labor imposed for committing crimes not related to military service with a restriction on military service, for a period of two months to two years. If, taking into account the nature of the crime committed and other circumstances, the convicted soldier cannot be left in a position related to the leadership of subordinates, he, by the decision of the corresponding commander of the military unit, is transferred to another position both within the military unit, as well as in connection with the transfer to another unit or locality (article 145 of the RF PEC).

Restriction of freedom consists in keeping a convict who has reached the age of 18 by the time of sentencing in a special institution without isolation from society under conditions of supervision (part 1 of article 53 of the Criminal Code of the Russian Federation).

In the event of malicious evasion of the convicted person from serving the restriction of liberty, it is replaced by deprivation of liberty for a term of restriction of liberty, imposed by a court verdict. In this case, the time of serving the restriction of liberty is counted in the term of imprisonment at the rate of one day of imprisonment for one day of restriction of liberty (part 4 of article 53 of the Criminal Code of the Russian Federation).

Arrest consists in keeping the convicted person in conditions of strict isolation from society and is established for a period of one to six months. In the event that compulsory labor or correctional labor is replaced by arrest, he may be appointed for a period of less than one month.

Arrest is not imposed on persons who have not reached the age of 16 by the time the court sentenced them, as well as pregnant women and women with children under the age of 14.

Maintenance in a disciplinary military unit is assigned to servicemen doing military service by conscription, as well as to servicemen doing military service under a contract in the positions of privates and sergeants, if they have not served the term of conscription service established by the law at the time of the verdict by the court. This punishment is established for a term of three months to two years.

Deprivation of liberty consists in isolating a convicted person from society by sending him / her to a colony-settlement, placement in an educational colony, a medical correctional institution, a correctional colony with a general, strict or special regime, or to a prison.

Deprivation of liberty is established for a term of two months to 20 years.

In the case of partial or complete addition of the terms of imprisonment when sentencing for a combination of crimes, the maximum term of imprisonment cannot be more than 25 years, and for the aggregate of sentences - more than 30 years.

Life imprisonment is established only for the commission of especially grave crimes that encroach on life, as well as for the commission of especially grave crimes against public safety.

Life imprisonment is not imposed on women, as well as to persons who have committed crimes under the age of 18, and men who have reached the age of 65 by the time the court sentenced them.

The death penalty as an exceptional measure of punishment can be established only for especially grave crimes that encroach on life. Currently in Russia there is a moratorium on the death penalty until 2010. The Constitutional Court of the Russian Federation, by its decision of February 2, 1999 No. 3-P, established that before the creation of jury courts in all constituent entities of the Russian Federation, the death penalty cannot be imposed by any court Russian Federation.

The procedure for the formation of the Federation Council of the Federal Assembly is established in accordance with the Constitution of the Russian Federation (Article 96) by federal law. The Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" dated December 5, 1995 determined that this chamber of the Russian Parliament includes two representatives from each constituent entity of the Russian Federation: the head of the legislative (representative) and the head of the executive bodies of state power by position. If the legislative (representative) body of any constituent entity of the Russian Federation consists of two chambers, then its representative in the Federation Council is determined by a joint decision of both chambers.

The structure of the Federation Council: 1) the Chairman of the Federation Council and his deputies (they are elected by the members of the chamber and cannot represent the same constituent entity of the Russian Federation); 2) committees of the Federation Council on certain issues of the activities of the Federation Council (their number cannot be less than 10 people, and all members of the chamber must be included in one of the committees); 3) permanent (according to regulations and parliamentary procedures) and temporary (on any particularly significant issue or event) commissions. The Chairman of the Federation Council presides over the sessions of the Chamber of the Federal Assembly and manages the internal schedule of activities, as well as submits bills to the State Duma and performs representative functions of the chamber in relations with other authorities of the Russian Federation and foreign states. Securing the powers of the chambers of the Russian parliament, the Constitution (Articles 102, 103) proceeds from the assumption that the Federation Council is called upon to represent the interests of all regions of the country, and the State Duma - of political parties, other electoral associations, as well as various groups of the population.

In this regard, the powers of the Federation Council include:

a) approval of changes in the boundaries between the constituent entities of the Russian Federation. It should be borne in mind that such changes can be carried out only with the mutual consent of the subjects of the Federation (Art. 67, clause 3 of the Constitution); b) approval of the decree of the President of Russia on the introduction of martial law, adopted by him in accordance with Art. 87 of the Constitution; c) approval of the decree of the President of Russia on the introduction of a state of emergency by him in the cases specified in Art. 88 of the Constitution; d) resolving the issue of the possibility of using the Armed Forces outside of Russia; e) calling elections for the President of Russia both in connection with the expiration of the term of office and in cases of their early termination; f) removal of the President of Russia from office in the manner prescribed by the Constitution (Article 93); g) appointment of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court. This authority is exercised by the upper house of the parliament of the Russian Federation on the proposal of the President of Russia (Article 83, clause “e” of the Constitution); h) appointment and dismissal of the Prosecutor General of Russia (also on the proposal of the President of Russia).

On all the above issues, the Federation Council adopts resolutions by a majority vote of the total number of members of the chamber. At the same time, the resolutions of the Federation Council on a number of issues (approval of changes in the borders between the constituent entities of the Russian Federation, decision-making on the introduction of martial law or a state of emergency, etc.) are of a normative nature. Procedure of work A meeting of the Federation Council shall be deemed competent if attended by more than half of the total number of members of the chamber. First of all, the following issues are considered at a meeting of the Federation Council: a) messages and addresses of the President of Russia; b) draft acts of the Federation Council on issues related to the jurisdiction of the Federation Council in accordance with the Constitution of the Russian Federation; c) draft laws of the Russian Federation on amendments to the Constitution, approved by the State Duma; federal constitutional laws approved by the State Duma; federal laws adopted by the State Duma and subject to mandatory consideration by the Federation Council; d) proposals for revising the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation; e) proposals for sending requests from the Federation Council to the Constitutional Court of the Russian Federation.

The presiding officer at the meeting of the chamber: - announces the opening and closing of the meeting; - conducts a meeting of the chamber; - ensures compliance with the provisions of the Regulations; -provides the floor for speaking in the order of priority of receipt of registered applications; - gives the floor on a point of order;

Puts to a vote draft acts of the Federation Council and other issues in accordance with the agenda of the meeting; - reads out the proposals of the members of the chamber on the issues considered at the meeting and announces the sequence of putting them to a vote; - organizes voting and counting of votes, announces the results of voting; -answers to questions addressed to him, gives information; - maintains order in the conference room, can remove persons interfering with the work from it; -ensures the execution of organizational decisions; - signs the minutes of the meeting; - has the right to warn a member of the Federation Council about a violation of the provisions of the Rules, and in case of repeated violation, it can deprive him of his word.

At the same time, at the meeting, the presiding officer does not have the right to express his own opinion on the issues discussed, comment on speeches, give a description to the speakers, otherwise he is obliged to transfer his functions to another presiding officer.

The following main types of speeches are envisaged at meetings: report (up to 15 minutes), co-report (up to 10 minutes), closing remarks on the issue under discussion (up to 5 minutes), presentation of a candidate for an elective (appointed) position (up to 5 minutes) , speeches in the debate, on the candidate under discussion, in explanation of vote and order of conduct of the meeting, proposal, certificate, information, statement, appeal (up to 3 minutes). After the set time has elapsed, the speaker's microphone is muted without warning. No one has the right to speak at a sitting of the Federation Council without the permission of the presiding judge. Anyone who violates this rule is deprived of his word without warning. If a member of the Federation Council did not have time to speak in connection with the closure of the debate, then he has the right to attach the text of the speech signed by him to the transcript of the session. In addition, members of the Federation Council have the right to distribute in the conference room documents and materials related to the issues on the agenda, while they must be signed by the initiator (s) of their dissemination and endorsed by the Chairman of the chamber or his deputy. Voting at a sitting of the Federation Council is conducted using an electronic system or ballots. To conduct voting by ballots, the Federation Council creates a Counting Commission from among its members, which is the working body of this meeting. Voting, as in the State Duma, can be quantitative, rating or alternative (Article 61 of the Rules of the Federation Council). The Rules of Procedure determine that a member of the Federation Council personally exercises his or her right to vote. The current edition, in contrast to the previously existing one, does not contain the wording about the possibility of polling by subscription lists, but rather in detail regulates the procedure for open, secret and roll-call voting. Decisions made at meetings are formalized by resolutions of the Federation Council or extracts from the minutes of the meeting. On general political and socio-economic issues, the Federation Council may make statements, appeals, adopted in the same manner as the decisions of the chamber. All draft acts submitted for consideration by the Federation Council undergo legal and linguistic expertise at the Legal Department of the Office of the Federation Council, endorsed by their officials and, within 96 hours from the date of adoption, are sent for submission to the Chairman of the Federation Council for signature, registration and distribution.

It is important to note that the Federation Council cannot be dissolved for any reason by any state body, therefore there is no reason to talk about the possibility of dissolving the parliament of the Russian Federation as a whole. This once again confirms the permanent nature of the activities of the Federal Assembly.

74. Powers of the Federation Council (Article 102 of the Constitution of the Russian Federation):

1. The jurisdiction of the Federation Council includes:

a) approval of changes in the boundaries between the constituent entities of the Russian Federation; b) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;

c) approval of the decree of the President of the Russian Federation on the introduction of martial law; d) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation; e) the appointment of elections for the President of the Russian Federation; f) removal of the President of the Russian Federation from office;

(by way of impeachment after the State Duma has brought the relevant accusation (a two-thirds majority of the chamber is required to make a decision)); g) appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation (appointments are made upon the proposal of the President of the Russian Federation); h) appointment and dismissal of the Prosecutor General of the Russian Federation (also carried out on the proposal of the President) and his deputies; i) appointment and dismissal of the Deputy Chairman of the Accounting Chamber and half of its auditors.

2. The Federation Council adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation.

3. Resolutions of the Federation Council shall be adopted by a majority vote of the total number of members of the Federation Council, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.

In the field of lawmaking, the Federation Council takes a subordinate role in relation to the State Duma. Any laws are first submitted to the State Duma, and only after approval by the lower house are submitted to the Federation Council for consideration.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council: the federal budget; federal taxes and fees; financial currency, credit, customs regulation, money issue; ratification and denunciation of international treaties of the Russian Federation; the status and protection of the state border of the Russian Federation; war and peace.

When considering laws adopted by the State Duma, the Federation Council does not have the right to make amendments, but can either approve or reject the law as a whole.

If the Federation Council rejects the draft federal constitutional law, the veto cannot be overcome by the State Duma.

The Federation Council actually considers laws passed by the Duma, approves or disapproves of them. The adopted federal law is sent within 5 days to the President of Russia, who within fourteen days signs the federal law and promulgates it.

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COURSE WORK

ON THE DISCIPLINE "CONSTITUTIONAL LAW"

Conclusion

Introduction

Relevance. According to the Constitution, the Russian Federation - Russia is a democratic federal rule of law with a republican form of government. The activities of the highest bodies of state power are carried out in accordance with the principle of separation of powers and the principles of a federal structure, which include: state integrity, the unity of the system of state power, the delimitation of subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and bodies of state power of the constituent entities of the Russian Federation, equality and self-determination of peoples in the Russian Federation. The legislative branch is represented by the Federal Assembly - the parliament of the Russian Federation, which consists of two chambers - the Federation Council and the State Duma. Reflecting the interests of the constituent entities of the Russian Federation, the upper chamber received the unofficial, but well-deserved status of the "chamber of Russian regions", through which the constituent entities take part in federal lawmaking and governing the country. This is the essence of the federal nature of the Federation Council. Its other component is that the upper house of the Russian parliament is the state body of the entire Federation. Its acts are directed not to individual subjects, but to the entire state as a whole. And the question of the real role of the Federation Council in the system of state power and the specifics of improving its status in the context of the tasks of strengthening statehood and developing federal relations is still urgent.

Literature review. A number of works are devoted to this problem, in particular, these are the works of prominent scientists in the field of constitutional law, such as S.A. Avakyan and S.M. Shakhrai, as well as the Chairman of the Constitutional Court of the Russian Federation from 1997 to 2003 M.V. Baglaya, Academician of the RAS O.E. Kutafin, lawyer-publicist G.R. Simonyan and others.

The purpose of our study is to determine the constitutional and legal status of the upper house of the Russian parliament.

To achieve this goal, the following tasks must be solved:

Establish the concept of the constitutional and legal status of the Federation Council and identify its constituent parts;

Analysis of the functions of the Federation Council;

Study of the current procedure for the formation of the Federation Council;

Study of the mechanism of interaction between the Federation Council and the State Duma, with the President of the Russian Federation and the Government of the Russian Federation.

Methodology. To write this work, we used the methods of comparative analysis, description and generalization of the regulatory framework, as well as monographic publications and articles.

The structure of the work consists of an introduction, a main part: two chapters, the first of which contains three paragraphs, and the second - two, and a conclusion, including the main conclusions on the topic.

Chapter I. Constitutional and legal status of the Federation Council and its elements

1.1 Procedure for the formation of the Federation Council

Historically, the bicameral structure of parliament arose in Western countries as a way of restraining one chamber (upper) from excessive radicalism by the other (lower). It was a typical product of bourgeois-democratic revolutions that brought to power the bourgeoisie, who feared a raging people. In the Russian Federation, the bicameral parliament is a relatively new phenomenon that emerged only in 1990.

Such a structure of the Federal Assembly effectively helps to resolve differences between different social groups of the population.

The Federation Council is based on parity representation of the subjects of the Federation, each of which is represented in the chamber by two members - one from the representative and executive bodies of state power. The Federation Council is formed and structured on a non-partisan basis. Members of the Federation Council do not create factions and party associations. According to the Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation", candidates can be citizens of the Russian Federation who have reached the age of thirty, have an impeccable reputation and have permanently resided in the territory of the corresponding constituent entity of the Russian Federation for five years. A candidate for vesting the powers of a member of the Federation Council must submit, respectively, to the legislative (representative) body of state power of the constituent entity of the Russian Federation or to the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation):

1) information on the amount and sources of his income, as well as the income of his spouse and minor children for the year preceding the year in which he may be vested with the powers of a member of the Federation Council;

2) information about the property belonging to him, as well as his spouse (spouse) and minor children on the basis of ownership;

3) a statement with an obligation, if the powers of a member of the Federation Council are vested, to terminate activities that are incompatible with the status of a member of the Federation Council;

4) information about the immovable property belonging to him, his spouse and minor children, located outside the territory of the Russian Federation, about the sources of receipt of funds at the expense of which the specified property was acquired, as well as information about his property obligations outside the territory of the Russian Federation and about such obligations of their spouse and minor children; (Clause 4 was introduced by the Federal Law of 07.05.2013 N 102-ФЗ)

5) information about their expenses, as well as the expenses of their spouse and minor children for each transaction for the acquisition of a land plot, other real estate object, a vehicle, securities, shares (participatory interests, shares in the authorized (pooled) capital of organizations ), made within the last three years, if the amount of the transaction exceeds the total income of the candidate and his spouse (spouse) for the last three years preceding the transaction, and on the sources of receipt of funds at the expense of which the transaction was made; (Clause 5 was introduced by the Federal Law of 07.05.2013 N 102-ФЗ)

6) written notification that he does not have accounts (deposits), does not store cash and valuables in foreign banks located outside the territory of the Russian Federation, does not own and (or) does not use foreign financial instruments. (Clause 6 was introduced by the Federal Law of 07.05.2013 N 102-FZ) A citizen of the Russian Federation cannot be a candidate for vesting the powers of a member of the Federation Council:

1) who has the citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state;

2) recognized by the court as incapable or partially incapacitated;

4) a person convicted of committing a grave and (or) especially grave crime and having an unreleased, outstanding conviction or previously having a conviction for committing a grave and (or) especially grave crime, unless, in accordance with the new criminal law, this act is not recognized as grave or a particularly serious crime;

5) a person convicted of committing an extremist crime provided for by the Criminal Code of the Russian Federation, and who, on the day of the decision on the appointment of elections of the relevant state authority of a constituent entity of the Russian Federation, has an unexpunged conviction for this crime;

6) has been subjected to administrative punishment for committing an administrative offense provided for in Article 20.3 or 20.29 of the Code of Administrative Offenses of the Russian Federation (during the period when a citizen of the Russian Federation is considered to be subject to administrative punishment).

1.2 Powers of the Federation Council

It seems that it is advisable to single out two groups of powers of the Federation Council. The first group of powers is the powers that both chambers decide together in the established sequence. These are legislative powers. The second includes those that each chamber decides one, regardless of the activities of the other chamber. It includes the powers that M.V. Baglai characterizes as special, and the powers that S.M. Shakhrai calls the powers related to the organization of the chambers' activities. Thus, the first group of powers of the Federation Council consists of its rights and obligations to ensure certain stages of the legislative process, the second - the powers enshrined in Art. 102 of the Constitution of the Russian Federation.

According to a number of scholars, the Federation Council has less legislative powers. At the same time, S.M. Shakhrai reduces them to the consideration of laws adopted by the Duma, approval or disapproval of such acts. It seems that this approach to the role of the Federation Council in this area is somewhat simplified. The competence of the chambers of parliament should not be assessed only by listing the powers assigned to them. It should be assessed in terms of the significance of the respective powers. There is no doubt that the powers of the Federation Council are very substantial. After all, as a rule, federal laws do not acquire all the characteristics inherent in laws without its approval. The significance of this procedure is confirmed by the fact that it stands out as an independent stage in the parliamentary legislative process.

The fundamentals of the Federation Council's activities as a chamber of the Federal Assembly of the Russian Federation are defined in the Constitution of the Russian Federation. At the same time, the Federation Council has two more special powers than the State Duma. Note that in Art. 102 of the Constitution does not use the term "powers", however, they are listed in Part 1 of this article. It defines the powers of the Federation Council, which it exercises independently, regardless, in particular, from the consent of another chamber of the Federal Assembly - the State Duma. Of course, in a number of cases, the exercise by the Federation Council of these powers must be preceded by some legal fact, including the actions of other state bodies, but the decision of the Federation Council does not depend on the will or actions of these bodies.

So, in particular, the Federation Council has been granted the right to approve changes in the borders between the constituent entities of the Russian Federation, to approve decrees of the President of the Russian Federation on the introduction of martial law and a state of emergency. The point is that changes in the boundaries between the constituent entities of the Russian Federation may affect the federal interest or the interests of third constituent entities of the Federation. This possibility arises, in particular, from the existence of agreements between the Russian Federation and its subjects regarding the delimitation of the subjects of jurisdiction and powers, as a result of which the legal regime of objects located on the territory that passes from one subject of the Federation to another may change. The Federation Council is called upon to integrate the interests of all subjects of the Federation. The possibility of introducing martial law by the President of the Russian Federation is provided for in part 2 of Art. 87 of the Constitution. The said provision of the Constitution obliges the President to immediately inform the chambers of the Federal Assembly about the introduction of martial law on the territory of the Russian Federation or in its individual localities. Obviously, the Federation Council must assess the validity of this measure as a whole and the appropriateness of its individual components. The final solution to the issue belongs to him. The corresponding decisions on the above issues are formalized by the Federation Council by decrees. His right to adopt such non-normative acts is enshrined in part 2 of the named article of the Constitution of the Russian Federation.

The Federation Council is endowed with quite extensive and very significant legislative powers. In accordance with Art. 104 of the Constitution, he and its members have the right to submit legislative initiatives to the State Duma. Furthermore, in accordance with Art. 134 of the Constitution, the Federation Council or a group of members of the Federation Council of at least 1/5 of the total composition of this chamber have the right to make proposals for amendments to Ch. 3-8 of the Constitution of the Russian Federation. Among the federal laws, which, in accordance with Art. 106 of the Constitution of the Russian Federation are considered without fail by the Federation Council; the federal law on the federal budget for the next financial year applies. This constitutional provision was developed in the Budget Code of the Russian Federation. This issue is devoted to Art. 207-209 of the Code. They establish that the Federation Council, when considering the federal law on the federal budget for the next financial year, votes on its approval as a whole and then, within five days from the date of approval, sends it to the President of the Russian Federation for signing and promulgation.

The Federation Council is endowed with certain powers in the personnel sphere. The appointment of judges of the Constitutional, Supreme and Higher Arbitration Courts is the prerogative of the Federation Council, which is reflected in clause "g" of Part 1 of Art. 102 of the Constitution. Thanks to this, the formation of the highest echelon of the entire judicial system of the country was “in the hands” of the upper chamber. The powers of the Federation Council, which have received the greatest popularity, are associated with the appointment and dismissal of the Prosecutor General of the Russian Federation and his deputies. The procedure for their appointment is very similar to the procedure for the appointment of judges of the above courts, however, it is regulated by a separate group of regulations (Art. 179-183 of the SF Rules). The next authority is to form other state bodies and officials. According to Art. 102 of the Constitution, the appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of the composition of its auditors is carried out by the Federation Council.

Proposals for nominating candidates for these positions are formed by committees and commissions of the Federation Council. The Commission for Interaction with the Accounts Chamber gives an opinion on each candidate, forms a list of candidates and submits it to a meeting of the Federation Council, where each candidate is discussed: members of the chamber ask questions to candidates, speak for or against. A secret ballot is held for all candidates.

1.3 Organization of activities of the Federation Council

council federation constitutional legal

Meetings of the Federation Council are held in Moscow. Each member of the chamber is assigned a permanent seat in the meeting room.

In accordance with Art. 41 of the Rules of Procedure of the Federation Council are held from September 16 to July 15. Morning sessions are held from 10 am to 2 pm with a break of 30 minutes, evening sessions - from 4 pm to 6 pm. Meetings are open, but the chamber, at the suggestion of the President of Russia and the Chairman of the Government chairing the meeting, as well as a group of members of the chamber of at least 25 people or a committee (commission), may decide to hold a closed meeting. This decision is adopted by a majority of votes, but not less than 46 votes. Minutes and transcripts are kept at the sitting of the Federation Council. The transcript is a verbatim reproduction in writing of everything that was said by the participants in the meeting. Changes and additions to the transcript are not allowed. The minutes of the meeting are signed by the presiding officer. The transcript of the open meeting is published in the Bulletin of the sitting of the Federation Council, and the transcript of the closed meeting is kept in the structural unit of the Administration of the Federation Council as a secret document.

A meeting of the Federation Council shall be deemed competent if attended by more than half of the total number of members of the chamber.

First of all, the following issues are considered at a sitting of the Federation Council:

a) messages and addresses of the President of Russia;

b) draft acts of the Federation Council on issues related to the jurisdiction of the Federation Council in accordance with the Constitution of the Russian Federation;

c) draft laws of the Russian Federation on amendments to the Constitution, approved by the State Duma; federal constitutional laws approved by the State Duma; federal laws adopted by the State Duma and subject to mandatory consideration by the Federation Council;

d) proposals for revising the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation;

e) proposals for sending requests from the Federation Council to the Constitutional Court of the Russian Federation.

The presiding officer at a session of the chamber:

Announces the opening and closing of the meeting;

Chairs the meeting of the chamber;

Ensures compliance with the provisions of the Regulation;

Provides the floor for speaking in the order of priority of receipt of registered applications;

Give the floor on a point of order;

Announces the proposals of the members of the chamber on the issues considered at the meeting and announces the sequence of putting them to a vote;

Answers the questions addressed to him, gives information;

Ensures order in the meeting room, can remove persons interfering with the work from it;

Ensures the execution of organizational decisions;

Signs the minutes of the meeting;

Has the right to warn a member of the Federation Council about a violation of the provisions of the Rules, and in case of repeated violation, it can deprive him of his word. At the same time, at the meeting, the presiding officer does not have the right to express his own opinion on the issues discussed, comment on speeches, give a description to the speakers, otherwise he is obliged to transfer his functions to another presiding officer.

The following main types of speeches are envisaged at meetings: report (up to 15 minutes), co-report (up to 10 minutes), closing remarks on the issue under discussion (up to 5 minutes), presentation of a candidate for an elective (appointed) position (up to 5 minutes) , speeches in the debate, on the candidate under discussion, in explanation of vote and order of conduct of the meeting, proposal, certificate, information, statement, appeal (up to 3 minutes). After the set time has elapsed, the speaker's microphone is muted without warning. No one has the right to speak at a sitting of the Federation Council without the permission of the presiding judge. Anyone who violates this rule is deprived of his word without warning. If a member of the Federation Council did not have time to speak in connection with the closure of the debate, then he has the right to attach the text of the speech signed by him to the transcript of the session.

Voting at a sitting of the Federation Council is conducted using an electronic system or ballots. To conduct voting by ballots, the Federation Council creates a Counting Commission from among its members, which is the working body of this meeting.

Hearings are usually open to members of the media and the public. But there can also be closed parliamentary hearings, at which issues related to state, official or other secrets protected by law are discussed.

It should be noted that members of the Federation Council and the plenipotentiary representative of the President in the chamber have the right to participate in both open and closed parliamentary hearings. The list of persons entitled to attend closed parliamentary hearings is determined by the responsible committee of the chamber and agreed with the Chairman of the Federation Council or his deputy. Representatives of the media and the public are not allowed to attend closed parliamentary hearings.

The committee responsible for the preparation and conduct of parliamentary hearings prepares all information materials, draft conclusions, recommendations and other documents that are supposed to be adopted based on the results of these hearings, including bills and draft resolutions. For this purpose, by order of the Chairman of the Chamber, working groups can be formed with the involvement of employees of the Administration and external experts. Recommendations can be adopted based on the results of parliamentary hearings.

Chapter II. The significance of the Federation Council in the development of federal relations

2.1 Features of the relationship of the Federation Council with the State Duma

The interaction of both chambers of the Federal Assembly is determined, first, by the Constitution of the Russian Federation; secondly, the norms of the regulations of the Federation Council and the State Duma; thirdly, by the decisions of the Constitutional Court of the Russian Federation; fourth, legislative acts of the federal level.

The norms of the Constitution of the Russian Federation in their most general form regulate the relationship between the chambers of parliament in the organizational, legislative and other areas of the Federal Assembly. Part 3 of Art. 100 of the Constitution stipulates that the chambers can meet together to hear messages from the President of Russia, messages from the Constitutional Court, speeches by heads of foreign states. To exercise control over the execution of the federal budget, the Federation Council and the State Duma form the Accounts Chamber (part 5 of article 101). In accordance with Art. 102, 103 of the Constitution, the chambers appoint to office and dismiss the heads of the Accounts Chamber (the Chairman and his deputy), as well as half of its auditors. In accordance with their own competence, the Federation Council and the State Duma participate in the procedure for removing the President of Russia from office (Articles 93, 102, 103).

Article 105 of the Constitution enshrines the right of the Federation Council to consider federal laws adopted by the State Duma. The exercise of this right is guaranteed at the constitutional level by imposing on the State Duma the obligation to send the adopted federal laws within five days for consideration by the Federation Council. In this case, the Federation Council has the right to approve them or reject them. In connection with the vesting of this kind of powers, the Federation Council exercises a restraining function in relation to the State Duma and to other subjects of the right of legislative initiative at the federal level. Indeed, without his approval, their initiatives cannot become laws.

Article 107 of the Constitution of the Russian Federation grants the Federation Council the right to participate jointly with the State Duma in overcoming the suspensive veto of the President of the Russian Federation in cases of his rejection of federal laws.

In the organizational and control sphere, the interaction of the chambers takes place during parliamentary hearings, when the deputies of one chamber can be present at a meeting of the other. In Art. 32 of the Rules of Procedure of the Federation Council states that the committee or commission of the upper chamber organizing the hearings has the right to invite deputies of the State Duma. In turn, members of the Federation Council may be present at any open meeting of the lower chamber (clause 1 of article 36 of the State Duma Rules of Procedure).

In cases where the Constitutional Court of the Russian Federation examines conflicts in the field of law regulating the activities of the Federal Assembly and its chambers, one cannot exclude the indirect influence of its decisions on the parliamentary procedure of relations between the Federation Council and the State Duma.

Business relations between the two chambers - the Federation Council and the State Duma - are the most important condition for the progressive development of Russian parliamentarism. So S. Mironov said in this regard that the Constitution of the Russian Federation did not leave a real legal basis for a dispute about which chamber is "in charge". She "doomed" the Federation Council and the State Duma to permanent and equal cooperation. Indeed, the Constitution clearly defined the status of both chambers of parliament as constituent parts of a single representative and legislative institution - the Federal Assembly. The order of their interaction in the legislative process, the own competence of the Federation Council and the State Duma, have been established, which leaves no chance for a revision of the role of both chambers of parliament.

In fact, a solution requires another issue related to strengthening the unity of the Federal Assembly. A significant resource of Russian parliamentarism is associated with the search for tools capable of ensuring such unity.

2.2 Interaction of the Federation Council with the President and the Government

The Federal Constitutional Law "On the Government of the Russian Federation" contains a special chapter VI, devoted to the relationship between the Government of the Russian Federation and the Federal Assembly. It regulates the participation of the Government in legislative activity, the relationship between the Government and the committees and commissions of the chambers of the Federal Assembly, and a number of other issues. The Government of the Russian Federation has the right to initiate legislation in the Federal Assembly. Members of the Government of the Russian Federation have the right to attend and speak at meetings of the chambers of the Federal Assembly, their committees and commissions in accordance with the regulations of the chambers. Members of the Government of the Russian Federation, at the invitation of the chambers of the Federal Assembly of the Russian Federation, speak at their meetings with information on issues of an emergency nature.

An invitation from a chamber of the Federal Assembly with an indication of the issues of interest to members of the Federation Council and deputies of the State Duma shall be sent to a member of the Government of the Russian Federation at least five days before the meeting of the chamber.

If it is impossible to attend a meeting of the chamber of the Federal Assembly, the relevant member of the Government of the Russian Federation shall notify the chamber of the Federal Assembly in advance, indicating the reason for the absence and indicating the official who can come to the meeting and answer the questions posed.

The nature of the relationship with the President of the Russian Federation. Problems arise in the line of relations between the President and the Federal Assembly due to its bicameral structure. The president has to deal not only with the parliament as a whole, but with two of its independent formations - the Federation Council and the State Duma, the line of conduct in relation to which may not coincide. A political and legal situation is emerging, in which not the least role is played by differences in the methods of forming chambers, the nature of their relationship with each other, mechanisms for resolving disagreements between them.

The main directions of state policy are determined by the President in a variety of ways. Thus, the President's annual messages to parliament have already become traditional, containing both an assessment of the state of affairs and the tasks of the state for the future. The messages are of a complex legal nature. On the one hand, we can conclude about the mandatory nature of the general guidelines, specific instructions contained in the messages. On the other hand, the messages are not normative acts, they cannot contradict the laws adopted by the Federal Assembly, and in any way limit its lawmaking activities. They reveal the view of the President on the legislative activity of the parliament. Legislative initiatives formulated in them are considered a priority in the program of legislative work. According to established practice and in accordance with Art. 100 of the Constitution, the President's messages are heard at a joint meeting of the chambers of the Federal Assembly. The procedure for joint sessions of the chambers of the Federal Assembly is not specifically regulated. Hearing messages is not accompanied by their discussion and making any decisions. Subsequently, at separate sessions of the chambers, such discussions are possible. So, according to paragraph "a" of Part 1 of Art. 65 of the Rules of Procedure of the Federation Council, the issue of discussing messages and addresses of the President is included in the agenda of a sitting of the Federation Council, first and foremost, and without discussion or voting. In Art. 51 of the Rules of Procedure of the State Duma also stipulates that messages and appeals of the President are considered on an extraordinary basis.

Thus, the President of the Russian Federation, as the head of state, performs an integration function, setting common tasks for the legislative and executive authorities to strengthen Russian statehood and reform the economy, and ensure democratic principles in society.

Conclusion

Of all the institutions of state power, the establishment and improvement of which Russian society has been busy with during the many years of the 1993 Russian Constitution, the Federation Council has had the most difficult fate. At first glance, the issues we are considering should not cause difficulties. But, studying these issues in more and more detail, we came to the conclusion that in this area there are many problems of a different nature.

Summarizing what has been said, we note that the Federation Council expresses the federal nature of the state structure of Russia, unites the interests of the federal center and the regions into a single whole. At the same time, the Federation Council is the body that ensures the internal balance of the chambers in the structure of the Federal Assembly.

Which of the two chambers of the Federal Assembly represents the will of the people? Answering this question, we share the point of view of the Constitutional Court of the Russian Federation on the multidimensional nature of people's representation in the Russian Federation. At the same time, the State Duma provides direct representation of the population, and the Federation Council represents the interests of Russian regions and their authorities. The Federation Council is a participant in the system of relations between the representatives of the people, in which it plays the role of an exponent of interests already agreed upon and developed in regional authorities.

According to the position of the Constitutional Court, the idea of ​​people's representation is embodied not only in the very existence of the Federal Assembly and its chambers, but should also be taken into account in their practical activities. This requirement must be implemented in the internal structure of chambers, procedural rules, acts of parliament. In order to ensure representation, acts of parliament must embody the interests of the majority in society, and not just the parliamentary majority itself, the said resolution says. In other words, the Constitutional Court not only does not deny the representative nature of the Federation Council, but, on the contrary, recognizes and justifies it by the need to represent the interests of the constituent entities of the Russian Federation.

List of used literature

Normative acts:

1) Constitution of the Russian Federation: Adopted by popular vote on December 12, 1993. - M., 2012

2) On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation: Federal Law of December 3, 2012 N 229-FZ (as amended on 07/02/2013)

3) On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation: Federal Law of May 8, 1994 N 3-FZ (as amended on July 23, 2013)

Special literature:

1) Avakyan S.A. Constitutional Law of Russia: Training Course. - 2nd ed., Rev. and add. - M .: Jurist, 2007 .-- 778s.

2) Baglai M.V. Constitutional law of the Russian Federation: Textbook for universities. - 3rd ed., Rev. and add. M., 2008.816 p.

3) Bulakov O.N. Interaction of the Federation Council with state authorities of the constituent entities of the Russian Federation, international and public organizations // Legislation and Economics. 2004. No. 9. P.19-24.

4) Bulakov O.N. Development of the structure of the upper chambers of parliaments: Russian practice and world experience // Legislation and Economics. 2004. No. 3. S.27-31.

5) Kozlova E.I. Constitutional law of Russia: textbook. - 4th ed., Rev. and add. / E.I. Kozlova, O.E. Kutafin. - M .: Prospect, 2007 .-- 608s.

6) Kolyushin E.I. Ways of reforming the Federation Council of the Federal Assembly of the Russian Federation // Constitutional and municipal law. - 2006. - No. 4. - P.7-14.

7) Kotov A.N. Constitutional law of Russia: Textbook / A.N. Kotov, M.I. Kukushkin. - M .: Norma, 2008 .-- 544p.

8) Mironov S. Constitution of Russia and the tasks of the Federation Council // Russian Federation today. - 2002. - No. 2. - P. 4-6

9) Sadovnikova G.D. Parliamentary procedures: Role and significance in ensuring the representative function of parliament // Constitutional and municipal law. - 2006. - No. 12. - S. 5.

10) Simonyan G.R. The mechanism of ensuring the interests of the constituent entities of the Russian Federation in the activities of federal bodies of state power // Journal of Russian law. - 2006. No. 3. - S. 49.

11) Shakhrai S.M. Constitutional Law of the Russian Federation: Textbook. - M .: Norma, 2003 .-- 441s.

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480 RUB | UAH 150 | $ 7.5 ", MOUSEOFF, FGCOLOR," #FFFFCC ", BGCOLOR," # 393939 ");" onMouseOut = "return nd ();"> Dissertation - 480 rubles, delivery 10 minutes, around the clock, seven days a week

Smolenskaya Alexandra Anatolyevna. The constitutional and legal status of a member of the Federation Council of the Federal Assembly of the Russian Federation: dissertation ... candidate of legal sciences: 12.00.02 / Smolenskaya Alexandra Anatolyevna; [Place of defense: Moscow State University. MV Lomonosov] .- Moscow, 2014.- 224 p.

Introduction

Chapter 1. Fundamentals of the constitutional and legal status of a member of the Federation Council 16

1. The Federation Council - the chamber of the Parliament of the Russian Federation 16

2. The concept, elements and evolution of the legal status of a member of the Federation Council 58

3. Basic models of the status of members of the upper chambers of parliaments in foreign countries 84

Chapter 2. Forms of activity of a member of the Federation Council 111

1. Participation of a member of the Federation Council in the activities of the chamber 111

2. Work of a member of the Federation Council in a constituent entity of the Russian Federation 152

Chapter 3. Performance guarantees and responsibility of a member of the Federation Council 165

1. Basic guarantees for the activities of a member of the Federation Council: concept and classification 165

2. Constitutional and legal responsibility of a member of the Federation Council 185

Conclusion 193

Bibliography

Introduction to work

The relevance of research. The relevance of this dissertation research is due to the special constitutional position and the high mission of the Federation Council in modern Russia. According to Articles 94 and 95 of the Constitution of the Russian Federation, the Federal Assembly is the representative and legislative body of the Russian Federation, consisting of two chambers - the Federation Council and the State Duma. Such a structure is predetermined by the federal state structure, when one of the chambers is the chamber of national representation, and in the other chamber is the representation of the subjects of the Federation. At the same time, the role of the chamber of the Federal Assembly, expressing the interests of the constituent entities of the Russian Federation in combination with national interests, belongs to the Federation Council.

Taking into account the specifics of the federal structure of the state, it is difficult to deny that the adoption of the most important decisions on the scale of the state should be implemented taking into account the opinions of its subjects. In this regard, from 1993 to the present, the special procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation, which is a representative authority in the literal sense of the word, has been legislatively changed, since it is formed by including representatives from each of the constituent entities of the Russian Federation in its composition. Accordingly, changes are being made to the constitutional and legal status of members of the Federation Council.

In this regard, the legal position of the Constitutional Court of the Russian Federation is significant, according to which “the federal structure of the Russian Federation determines the bicameral structure of the Federal Assembly and the significant independence of the Federation Council and the State Duma in relation to each other. In their organization and activities, they are designed to reflect the different sides of the people's representation in the Russian Federation.

Direct representation of the population and representation of the constituent entities of the Russian Federation ”.

The procedure for forming the Federation Council and the composition of its members are, first of all, one of the characteristics and a necessary element of the legal status of the Federation Council. Analysis of the procedure for the formation of a state body is an important component of the characteristics of its legal status. The answer to the question of who establishes, forms, forms the personal composition of the state body, contributes to the identification of its legal status.

The Federation Council has a twofold nature: it is the body through which the subjects of the Russian Federation take part in the affairs of the Federation; it is a part, an intra-structural subdivision of the all-Russian parliament, which carries out the functions established by the Constitution.

From the very beginning of its creation to the present, the Federation Council is in the process of reforming. Of course, the constitutional foundations of the chamber have been laid, but at the present stage there is an acute problem of increasing the efficiency of the exercise of state powers.

Efficiency largely depends on how the chamber is formed, what method is chosen for this, how it is enshrined in the law, to what extent it corresponds to the objective circumstances of the socio-political and national-state development of the Federation, the needs of society and the idea of ​​democratic participation of citizens in government. the state.

According to a number of scientists, the procedure for the formation of the Federation Council and the legal status of its members are very important not only in themselves, but also in the following aspects: the connection between the formation procedure and the representative nature of parliament, with the formation of parliament, with the principle of separation of powers, with the issue of independence a member of the Federation Council, with the problem of a free or imperative mandate of a member of the Council

1 Resolution of the Constitutional Court of the Russian Federation of April 12, 1995 No. 2-P “In the case of the interpretation of Articles 103 (part 3), 105 (parts 2 and 5), 107 (part 3), 108 (part 2), 117 (part 3) and 135 (part 2) of the Constitution of the Russian Federation // SZ RF. 1995. No. 16. Art. 1451.

Federation; with the mutual influence of the order of formation and the way of activity of the chamber.

The periodic change in the procedure for forming the Federation Council indicates the search for its most optimal and effective model, and the ongoing discussions on this issue, both in political and legal aspects, indicate its relevance and incompleteness.

Consequently, both from a theoretical and a practical point of view, there is a need (and need) to research, define and generalize the general theoretical positions associated with the formation of the upper chambers of the world's parliaments, to reveal the content of the process of their formation and highlight the features of various models, to consider the formation, development and modern legislative consolidation of the procedure for the formation of the Federation Council, the dynamics of changes in the legal status of a member of the chamber.

The experience gained by using various methods of forming the Federation Council requires close and detailed scientific study. The practical situation and the available approaches need to be generalized and evaluated, the result of which can be conclusions and proposals for improving the formation procedure, which will help to find the most optimal and effective option for the formation of the upper house of the Russian Parliament.

Taken together, these factors indicate the relevance of the topic under study and the need for scientific understanding of the relevant issue.

The degree of scientific elaboration of the topic... The attention of scientific constitutionalists is constantly drawn to the problem of parliament, the methods of its formation, the legal status of a member of the Federation Council, and the forms of its activity.

Among the specialists who consider in their works various aspects of the problems of the Federation Council, it should be noted such authors as R.G. Abdulatipov, S.A. Avakyan, K.V. Aranovsky, M.V. Baglai, A.A. Bezuglov, V.D. Gorobets, I.V. Grankin, A. Demishel, E.E. Zaslavsky, Yu.K. Krasnov, E.I.

Kozlova, O.E. Kutafin, L. Locke, N.A. Mikhaleva, B.A. Strashun, V.V. Lazarev, V.O. Luchin, V.E. Chirkin, N.I. Shaklein and others.

Some works laid the theoretical foundations for a modern understanding of the nature and specifics of the parliament, its place and role in the system of public authorities. Others - develop the problem in connection with deep political and socio-economic transformations in

Russia. Interest in it is not only not decreasing, but is constantly increasing, as evidenced by scientific works of recent years.

So, for example, V.E. Chirkin in the work "The upper house of the modern parliament: a comparative legal study" (M., 2009) in detail

2 Bezrukov A.V. Legislative power: theory and practice of implementation. Siberian Law Institute of the Ministry of Internal Affairs of Russia, Krasnoyarsk, 2010; Varlen M.V. Deputy mandate: constitutional and legal elements and implementation mechanism // Modern Russian constitutionalism: problems of theory and practice. Proceedings of the Department of Constitutional and Municipal Law of Russia, dedicated to the 15th anniversary of the Constitution of the Russian Federation / Ed. ed. S.V. Naruto, E.S. Shugrin. M., 2008; Vaskova L.G. Constitutional and legal regulation of the mandate of a deputy of a modern parliament: Author's abstract. dis. ... Cand. jurid. sciences. Tyumen, 2007; Vekshin A.A. Constitutional and legal status of the Federation Council of the Federal Assembly of the Russian Federation in the context of the development of federal relations: Author's abstract. dis. ... Cand. jurid. sciences. M., 2009; Glukhareva A.K. Constitutional foundations of people's representation in the Russian Federation: Author's abstract. dis. ... Cand. jurid. sciences. M., 2008; Grankin I.V. Problems of improving the constitutional and legal regulation of the activities of legislative bodies in the Russian Federation: Author's abstract. dis. ... doct. jurid. sciences. M., 2007; Doronina O.M. Deputy immunity: a means or condition for the existence of parliamentarism // Law and Politics .. 2008. No. 3; Dudko I.A., Hapsirokova E.A. Constitutional and legal status of the Federal Assembly of the Russian Federation. Stavropol: YURKIT, 2009; Erygina V.I. Investigation of the essence and features of parliamentarism in domestic legal science // State power and local government. 2010. No. 3; Kazakova A.A. Federation Council of the Russian Federation: constitutional and legal foundations of formation and activities: Author's abstract. dis. ... Cand. jurid. sciences. M., 2009; Kivle G.A., Somov M.D. Parler - the word of the masses: empirical justification, political legalization // Constitutional and municipal law. 2010. No. 11; Lukyanov A.I. Parliamentarism in Russia (questions of history, theory and practice). Lecture course. M .: NORMA, INFRA-M, 2010; V.I. Melnikov On the issue of contradictions in the formation of the Federation Council of the Federal Assembly of the Russian Federation // Representative power - XXI century. 2010. No. 5-6; Murychev K.V. The system of representative bodies of power in the Russian Federation: Author's abstract. dis. ... Cand. jurid. sciences. M., 2009; Nyrkova T.Yu., Petrova N.A. On the issue of changing the procedure for forming the Federation Council // Constitutional and municipal law. 2009. No. 9; Paronyan K.M. Political and legal transformation of the institution of people's representation in the system of Russian public power: Author's abstract. dis. ... Cand. jurid. sciences. Rostov-on-Don, 2008; Usanova V.E. Parliamentarism in Russia: constitutional and legal foundations of formation and activity: Author's abstract. dis. ... Cand. jurid. sciences. M., 2007; Chirkin V.E. The upper house of modern parliament: a comparative legal study. M .: Norma, 2009; Shaklein N.I. The constitutional and legal status of the federal and regional parliaments of the Russian Federation and the problems of its improvement: a comparative legal study: Author's abstract. dis. ... doct. jurid. sciences. M., 2011; Yakushev A.N. The Crisis of Legitimacy of the Legislative Power of Russia // National Interests. 2010. No. 3 (68); Representation of the people in the modern world: materials of the round table (February 3, 2012) / ed. B.A. Strashun and A.Sh. Budagova. Moscow: Publishing Center of the Moscow State Law Academy named after O.E. Kutafina, 2013.

considers the ways of organization and activity of the upper chambers of parliaments, the powers of their members.

In the monographs of L.A. Nudnenko "The constitutional and legal status of a deputy of the legislative body of state power in the Russian Federation" (St. Petersburg, 2004); N.I. Shaklein "The constitutional and legal status of the federal and regional parliaments of the Russian Federation and the problems of its improvement: a comparative legal study" (Moscow, 2011), special attention is paid to the nature of the mandate and status of members of parliament.

Noting the contribution of scientists to the development of the problem of the formation and functioning of parliament, however, we have to admit that it remains insufficiently studied. This is primarily due to the fact that scientists often cannot keep up with the dynamics of changes in legislation on the formation of the Federation Council and the status of members of the Federation Council, since this legislation is developing very intensively.

This is what causes the dissertation candidate to address the issues of both the status of the Federation Council as a whole, the procedure for forming the chamber, and the legal status of a member of the Federation Council in general and in comparison with the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation, members of the upper chambers of a number of foreign parliaments.

Due to the specifics of the topic of the dissertation, the main attention is paid to modern domestic and foreign research, which relate to the entire range of issues related to representative and legislative state power, models of its formation and functioning.

The purpose of this dissertation research is to conduct a comprehensive study of the formation and functioning of the Federation Council, all aspects and features of the constitutional and legal status of a member of the chamber, based on an analysis of constitutional norms, the provisions of the legislation of the Russian Federation, the law enforcement practice of the Constitutional Court of Russia, as well as domestic and foreign scientific literature, and also to develop practical recommendations for its improvement.

Based on the goal, main tasks theses are:

determination of the factors that necessitate the formation of the upper chamber of parliament, and on the basis of the science of constitutional law and world practice, to analyze its legal nature;

study of the concept, content and evolution of the legal status of the Federation Council and its members as a unity of national and regional interests;

disclosure and analysis of the forms of activity of a member of the Federation Council in the course of the activity of the chamber itself and in a constituent entity of the Russian Federation as a national parliamentarian and a representative of a constituent entity of the Russian Federation;

determination of the content of the main guarantees for the activities of a member of the Federation Council and their classification;

Revealing the essence, content and features of the constitutional
legal responsibility of members of the Federation Council;

Justification of the need to improve the formation process
Of the Federation Council and the constitutional and legal status of its members for the purposes of
increasing the efficiency of functional parliamentary activity.

The object of dissertation research are the social relations that develop in the process of forming the composition of the Federation Council, establishing the constitutional and legal status of its members.

The subject of research are constitutional and legal norms that establish the legal status of members of the Federation Council, the procedure and procedures for the formation of its composition, the practice of their implementation, as well as concepts and existing theoretical the position of its members.

Empirical base dissertation research consists of the Constitution of the Russian Federation, federal legislation, decisions and determinations of the Constitutional Court of the Russian Federation, acts of the Federal Assembly of the Russian Federation, the federal government, decrees and orders of the President of Russia, regulations of the constituent entities of the Russian Federation, foreign sources of law.

The conclusions and proposals contained in the dissertation are based on the use of general scientific research methods in combination with private scientific methods. The research is based on the dialectical method, which allows to consider legal phenomena in dynamics, to identify cause-and-effect relationships, which is a necessary condition for studying the problems of effectiveness. In addition, analysis, synthesis, analogy and classification were widely used in the work. Legal research was also carried out using special legal methods: legal modeling, normative analysis, various methods of interpreting legal norms.

Scientific novelty of dissertation research lies in the fact that this work is a special comprehensive study that examines the evolution of the constitutional and legal status of a member of the Federation Council and the procedure for forming the Federation Council of the Federal Assembly of Russia on the basis of analysis and assessments of both the evolution of this process and modern Russian legislation, in particular taking into account its renewal in 2012-2014.

The following basic provisions are put forward for defense: 1. The necessity of stabilizing the process of improving the procedure for forming the Federation Council and the constitutional and legal status of its members in order to increase the efficiency of functional parliamentary activity is substantiated.

In order to end numerous disputes about the constitutionality of a particular model of organization of the Federation Council, it is necessary to amend part 2 of Article 95 of the Constitution of Russia and exclude the provision that in

The Federation Council of the Federal Assembly of the Russian Federation must include one representative each from the representative and executive bodies of state power of the constituent entities of the Federation.

The issue of forming the composition of the Federation Council should be attributed to the subject of legal regulation of a separate federal constitutional law, accordingly setting out part 2 of Article 95 of the Constitution of the Russian Federation as follows: "The procedure for forming the Federation Council is established by a federal constitutional law." It is the law, as a more flexible form of legal act, that would establish the most effective model of the chamber, depending on certain socio-political conditions and a possible change in the model of the federal structure, ultimately contributing to the strengthening of national principles in the organization of this chamber of the parliament of the Russian Federation.

2. The mandate of a member of the Federation Council covers his rights, obligations and
liability arising from the constitutional and legal status of a member
the upper house of the Russian parliament and the nature of the relationship between this
parliamentarian with the government body that elected (appointed) him
subject of the Russian Federation.

An analysis of the rights, duties and responsibilities of a member of the Federation Council allows us to conclude that he has a semi-free mandate: on the one hand, while representing the interests of a constituent entity of the Russian Federation as a whole, a member of the Federation Council is not bound by the orders of the constituent entity of the Russian Federation that delegated him to the chamber; on the other hand, the position of a person elected or appointed by this body of a constituent entity of the Russian Federation makes a member of the Federation Council really dependent on the body of a constituent entity of the Russian Federation, which, as evidenced by the practice of individual constituent entities of the Russian Federation, in case of dissatisfaction with the activities of a member of the chamber, seeks ways to early terminate his powers in the Federation Council ...

3. Based on the analysis of Russian and foreign parliamentary experience
it was concluded that it is necessary to make fundamental changes in the order
formation of the Federation Council.

Members of the Federation Council must be elected by the population of the subject on the basis of the majority system of absolute majority, alternatively, on the basis of universal, equal direct suffrage by secret ballot. Candidates for election to this position from the legislative (representative) authority of the constituent entity of the Russian Federation can be nominated by both individual deputies and a group of deputies of at least 1/3 of the total number of deputies of the legislative (representative) authority of the constituent entity, as well as a group of voters of the constituent entity of the Russian Federation ...

It seems expedient to introduce a norm providing for the holding of elections of the head of a constituent entity of the Russian Federation simultaneously with the election of a representative from the executive branch to the Federation Council. It is proposed that candidates for the said position in the Federation Council could be nominated by both candidates for the position of the head of the executive branch of the constituent entity of the Russian Federation, and a certain number of voters of the constituent entity of the Russian Federation by collecting signatures.

In each case, it should be stipulated that the number of candidates for the corresponding post should be at least two - by analogy with the elections of deputies of the State Duma by territorial constituencies in accordance with the Federal Law on the Election of Deputies of the State Duma of 2014.

4. It seems expedient to create a permanent conciliation commission of the chambers in order to optimize the interaction of the chambers of the Federal Assembly in the legislative process, following the example of European democratic states. The effectiveness of such a commission has been confirmed by the actual practice of a number of countries. From the side of the Federation Council, the existing Coordination Meeting of the Chamber should be transferred to the status of a permanent part of the conciliation commission. The discussion of fundamental amendments to draft laws coming from the Federation Council before the second reading procedure in the State Duma could enhance the role of the Coordination Meeting.

In addition, it is necessary to make the appropriate changes in paragraphs. "B" clause 1 of Art. 109 of the Rules of the Federation Council in the part concerning the mandatory motivation in the explanatory note of the reasons for the deviations of the draft laws submitted for consideration.

5. Enhancing the role of members of the Federation Council in deciding
legislative issues, no doubt, would be facilitated by their personal and
direct participation in voting.

At present, members of the Federation Council carry out their activities on a permanent basis; participation in voting is their direct responsibility. Therefore, the use of the rule on absentee voting, from our point of view, is inappropriate, since it can lead to the fact that the Federation Council will find itself in a situation where only a few members of the chamber will participate in real voting. Ultimately, this will significantly undermine the authority of the Federation Council and cause a negative attitude of the population towards it.

6. In connection with the appearance of parliamentary inquiries, there has been a tendency towards
reducing the importance and effectiveness of requests from members of the Federation Council.
Often the answers to them are delayed or are of a formal nature, are
actual unsubscribe.

We believe that in order to increase the effectiveness of such requests, especially in federal government structures, a rule should be introduced requiring the announcement of a response to a request at a meeting of the relevant committee. This will also increase the responsibility of the member of the Federation Council, since in this case it will be more difficult to hide the interest he lobbies in this or that particular case.

7. When regulating issues of immunity of a member of the Federation Council
it must be borne in mind that in an unstable legal order, speech
can only go about such measures of responsibility, which, firstly,
comply with constitutional requirements (Article 98 of the Constitution of the Russian Federation),
second, aimed at blocking the activities of a member of the Council
Federation that is contrary to the Constitution of the Russian Federation and a specific law, thirdly,

which would not interfere with the effective and operational lawful activity of a member of the Federation Council.

At the legislative level, it should be clearly stated that when deciding on the involvement of a person as an accused, who by this time has already lost its special legal status, a special procedure of proceedings should not be applied. Thus, the immunity of members of the Federation Council should not be unlimited.

8. The lack of mechanisms to ensure communication of members of the Federation Council with the population of the constituent entities of the Russian Federation leads to the absence of direct dependence of members of the Federation Council on voters and complete dependence on the leadership of the constituent entity of the Russian Federation. The mechanisms of communication with the population, taking into account the changed nature of the formation of the Federation Council, require deep and comprehensive study.

It is necessary to radically change the existing practice by introducing public reporting of members of the Federation Council to the population of a constituent entity of the Russian Federation - by publishing a report in regional media, on the official websites of legislative and executive authorities of constituent entities of the Russian Federation, and also, in addition to this, speeches of a member of the Federation Council at fairly representative meetings of citizens at their place of work and residence. The electoral corps should also be given the right, by collecting a certain number of signatures, to initiate their recall from the chamber, while, of course, establishing an exhaustive list of grounds for recalling a member of the Federation Council.

The absence at the legislative level of clear, substantiated criteria for bringing to justice the members of the Federation Council makes it impossible to hold them accountable for improper performance of their powers.

We consider it necessary to establish at the federal legislative level such legal sanctions as, for example, censure (reprimand) (for systematic failure to fulfill the duties of a member of the Federation Council), recall (for gross violation of the legislation of the Russian Federation).

Federation and its subjects, actions discrediting the status of a parliamentarian), deduction from the monetary content of amounts (for example, for absenteeism).

Thus, it is necessary to fix at the legislative level such a mechanism of regional representation in the Federation Council, which will allow, on the one hand, the state authorities of the constituent entities of the Russian Federation to influence decision-making at the federal level, and on the other hand, will provide the members of the Federation Council with the right to independently and responsibly Express ones opinion.

The theoretical significance of the work consists in expanding the scope of scientific knowledge in the constitutional law of Russia regarding the ways of developing domestic parliamentarism, the fate of its bicameral structure, organizing the work of the Federation Council, modernizing the procedure for forming the chamber and strengthening the legal framework for the status of a member of the Federation Council, links between national interests and regional interests in the activities of the chamber as a whole and each member of the Federation Council. The practical significance of the work due to the fact that the author's proposals can be used both in lawmaking and in the direct organization of the activities of the Federation Council, state authorities of the constituent entities of the Russian Federation, as well as each member of the upper house of the Russian parliament.

Approbation of research results. The main research results and developed practical recommendations were published in the author's scientific articles in leading peer-reviewed legal journals. The thesis was discussed and approved at a meeting of the Department of Constitutional and Municipal Law of the Faculty of Law of Moscow State University named after M.V. Lomonosov.

Dissertation structure predetermined by the purpose and objectives of the study. The work consists of an introduction, three chapters, uniting seven paragraphs, conclusion, bibliography.

The concept, elements and evolution of the legal status of a member of the Federation Council

Legal status is understood as a legal position (a set of rights and obligations stipulated by law) 86. According to N.A. Bogdanova, constitutional and legal status appears in two forms of legal expression: normative and factual. The normative constitutional and legal status fixes the legal status of subjects (participants) of constitutional and legal relations at the appropriate level of legislation. The actual status is understood as the real position of the subject of constitutional and legal relations in connection with the application of the norms of constitutional law in specific socio-political conditions. ON. Bogdanova also developed the concept of doctrinal constitutional and legal status, which is defined as a theoretical structure that combines normative characteristics, theoretical concepts and real practice of implementing legal regulations87. In the science of constitutional law, there is no consensus on the structure of the constitutional and legal status of a state body and its members. An overview of various points of view on this issue is given in the article by N.A. Bogdanova "Category of status in constitutional law". So, supporters of a narrow approach (N.V. Vitruk) refer to the structure of the status of a parliamentarian only competence, powers. Other scientists (Yu.A. Dmitriev88) put functions and powers (rights and obligations) into the content of the status of a state body and its members. In their opinion, in a broad sense, the status of a parliamentarian should be understood as its actual position conditioned by the socio-political essence of society, regulated by legal and other social norms and provided with appropriate guarantees.

In addition, there is an opinion that the constitutional and legal status of a Russian parliamentarian does not include in its structure such an element as guarantees for the activity of a member of the Russian parliament89. According to I.P. Okulich, the content of the legal status should also include such elements as the term of office, relations with voters, control functions in relation to the structures of executive power, parliamentary ethics90. In accordance with paragraph 1 of Art. 1 of the Federal Law of 08.05.1999, No. 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation" Federation and federal laws. The Constitution of Russia contains two titles: “member of the Federation Council” and “deputy of the Federation Council” (clause 9 of section two “Final and transitional provisions”). It is assumed that the name “deputy” is associated with the method of election of the Federation Council of the first convocation on the basis of universal, equal direct suffrage by secret ballot. The term "member of the Federation Council" refers to a greater extent to the procedure for forming the upper chamber in accordance with Part 2 of Art. 95 of the Constitution of Russia. The procedure for forming the Federation Council is mixed. It combines the use of two procedures - indirect elections for representatives from the legislature and appointments from the executive. In the first case, it determines the public procedure for the nomination of candidates and their election. In the second, the legal mechanism for making a decision is largely “terra incognita” 92. The formation of the Federation Council can be based on two approaches: 1) by the legislative (representative) body of state power of the constituent entities of the Russian Federation; 2) directly by the population of the constituent entities of the Russian Federation. According to the first approach, only the legislative body of the Russian Federation should send its representative (representatives) to the Federation Council. This arrangement does not contradict the representative nature of parliament and will ensure better communication between the legislators of the Russian Federation and its constituent entities93. According to the second approach, elections to the Federation Council are held on the territory of each of the constituent entities of the Russian Federation, either on an equal footing, when an equal number of members of the Federation Council are elected from each constituent entity of the Russian Federation (as, for example, in the USA, Switzerland, Brazil), or on proportional basis - the number elected parliamentarians in proportion to the population of the subject of the Federation (Austria, India).

Since the beginning of the 90s, the legal status of a member of the Federation Council has been constantly evolving, developing along with the development of the Russian state. According to Federal Law No. 229-FZ of 03.12.2012 "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation", which establishes the current procedure for the formation of the upper chamber, the powers of a member of the Federation Council begin from the date of entry into force of the decision of the relevant state authority of the constituent entity of the Russian Federation on vesting him with the powers of a member of the Federation Council. A member of the Federation Council, within three days from the date of entry into force of the decision on vesting him with the powers of a member of the Federation Council, shall send to the Federation Council and the state power body of the constituent entity of the Russian Federation that made the said decision copies of an application for exemption from duties incompatible with the status of a member of the Federation Council. The powers of a member of the Federation Council shall terminate from the date of entry into force of the decision of the relevant state authority of the constituent entity of the Russian Federation on vesting the powers of a new member of the Federation Council - a representative from the same state authority of the constituent entity of the Russian Federation in the manner prescribed by the Law of 03.12.

Analyzing the procedure for the formation of the Federation Council of the Russian Federation, we believe that the most complete guarantee of ensuring the optimal combination of stability and independence in the activities of the Federation Council with an adequate expression of the interests of the constituent entities of the Russian Federation can be achieved only with nationwide participation in the formation of the upper chamber of the Russian parliament of voters in the constituent entities of the Russian Federation. the basis of universal, equal, direct suffrage by secret ballot. E. B. Mizulina names two criteria for assessing the effectiveness of a member of the Federation Council. The first is professionalism, a constant basis of activity. According to the Constitution, the Upper House is a permanent body, therefore, the ability to engage precisely in legislative powers, to represent your region at the level of the administration of legislative powers and other powers vested in the Federation Council under the Constitution is the most important thing; a member of the Federation Council must be released from everything else. It is very important to be able to engage in and focus specifically on the implementation of the constitutional powers of the Federation Council, since other authorities are not endowed with the powers that the Federation Council is vested with. And the second very important criterion for assessment is the independence, independence of a member of the Federation Council from the executive branch, from other authorities, which in one way or another can influence a member of the Federation Council94.

The value of elections lies in the fact that they make it possible to legitimize in a satisfactory way political, administrative, and generally public power, for the elected power, as a rule, is axiomatically recognized as legitimate95. In addition, “with the introduction of elections of parliamentarians by the population of the constituent entities of the Russian Federation, the role of the Federation Council will become more vivid” 96. In the pre-election article "Democracy and the quality of the state" the President of the Russian Federation V.V. Putin noted that a mechanism is needed for the people to nominate to power at all levels responsible people, professionals who think in terms of national and state development and are able to achieve results97. During the entire period of its existence, a lot of elective options for the formation of the upper chamber were formulated, but a very insignificant part of these proposals became bills and were submitted to the State Duma for consideration.

Basic models of the status of members of the upper chambers of parliaments in foreign countries

On the example of the models of the statuses of members of the upper chambers of parliaments of foreign countries, one can see which models meet the tasks of parliaments in general and contribute to the effective work of the parliamentarian himself, in particular, and which, on the contrary, negatively affect their activities. The analysis of the status of foreign parliamentarians in general, including members of the upper chambers, is given some attention in the Russian constitutional and legal literature128. In our work, we would like to draw attention to those aspects of the procedure for forming the upper chambers and the status of members of these chambers that could be taken into account when improving the constitutional and legal foundations of the organization of the Federation Council. Foreign countries have different legal, political systems and constitutional history, different levels of economic and social development, but today the parliaments of all federal states have a bicameral structure. Thus, the American model, implemented within the framework of the presidential republic, is based on the principle of separation of powers, in which the formation, organization and procedure for the activities of members of the upper chambers of parliaments are elements of a system of checks and balances.

The American model is used in most of the federal states of Latin America (Argentina, Brazil, Mexico, etc.). In such countries as, for example, Canada, Australia, India, the principles of the Anglo-Saxon legal doctrine with the concept of the supremacy of parliament are implemented. In European states (Germany, Austria, Belgium, Switzerland, etc.), on the basis of the continental legal doctrine, models of bicameral parliaments operate, in which, in particular, the principles of federalism, separation of powers and their own unique parliamentary experience are combined. The status of a parliamentarian in foreign countries is established: - in the constitutions (fundamental laws) of these countries (for example, section 6 of article I of the US Constitution, articles 26 and 27 of the French Constitution, articles 67-69 of the Italian Constitution, articles 56-59 of the Federal Constitutional Law of the Austrian Republic and etc.); - in constitutional legislation - in laws on individual elements of the status of a deputy or, much less often, in complex laws on the status of a deputy; - in the normative legal acts of the parliament, first of all - in the regulations (rules) of the chambers. For example, the Rules of Procedure of the French National Assembly contain detailed legal regulation of the rights and obligations of members of the Assembly, as well as, in a separate chapter, their immunity and liability.

In the countries of the Anglo-Saxon legal system, in particular in Great Britain, which, unlike the United States, does not have a written constitution, the status of a member of Parliament is fragmentarily regulated by the norms of many statutes (legislative acts). Among the most important of these are the Acts of Parliament of 1911 and 1949, the Acts of Ministers of the Crown 1937 and 1964, the Acts of Representation of the People of 1983 and 1985, the Act of the House of Commons on Disqualification of 1975, etc. Some elements of peer status are regulated in the Life Peers Act 1958 and the Peerage Act 1963. In addition, in the UK, as in other countries of the Anglo-Saxon legal system, customs and judicial precedents play an important role in regulating the status of a parliamentarian. The order of formation is a very important element of the status of a parliamentarian, since the place and role that the upper house of parliament will occupy in the state, its authority in society and its ability to function normally in the system of government, depend on it to a certain extent. The constitutional and legal practice of foreign countries demonstrates an extremely wide range of approaches to the formation of the second chambers of parliaments: formation through indirect elections; formation by means of direct elections with some differences from the system that is used in the formation of the lower chambers; formation based on inheritance; formation by appointment; formation in a mixed way, in which the elements of electivity, appointment and inheritance are combined. Under the House of Lords Act 1999129, membership in the House of Lords was limited by inheritance. The Senate of Canada is composed of 105 senators appointed by the Governor General on the recommendation of the Prime Minister from the regions of the country130. In the United States, Brazil, and Nigeria, members of the upper chambers are elected through general elections in the constituent entities of the federation. In India, for example, the members of the upper house are elected by the state legislatures. In Australia and Canada, the Senate is appointed by the Governor General, the German Bundesrat is appointed by the state governments. The formation of the upper chambers of parliaments can be carried out on the basis of equal or unequal representation of the subjects. Thus, in the United States, each state sends two representatives to the Senate, in Pakistan - 14. The German Bundesrat is the representative office of all 16 states, consists of members of the state governments who appoint and recall them. Each land has at least three votes. Lands with a population of over 2 million people have four votes, over 6 million - five and over 7 million - 6 votes. Members of the Bundesrat do not have a term of office. In addition, MPs from the same land must vote in concert131. To determine the procedure for forming the Federation Council, the following experience of foreign countries seems interesting: out of 40 second chambers, 21 are elected by direct election of members of the chamber (Poland, Romania, Czech Republic, Switzerland, United States of America, Japan, etc.).

In the constitutional and legal practice of foreign countries, the relations of the federal (national) parliament with the legislative bodies of the subjects of the federation (regions), as a rule, do not have an institutional character. In cases where the upper house is formed through indirect elections (France), there is a certain relationship between the members of this house and the electoral colleges representing regional and local legislatures. However, as a rule, we are not talking about an imperative mandate - the motivation of members of the Federation Council to take into account regional interests is formed in indirect ways (by combining elective posts in representative bodies of different levels, political responsibility to the population, etc.).

The relations of the upper chamber and (or) its members with the executive bodies of the regions acquire an institutional character if this chamber is formed by appointment. One of the most striking examples is Germany. The group of members of the Bundesrat representing a particular land is essentially a representation of the respective land government. In addition, under the Bundesrat, on the basis of the regulation of this body, there is a Permanent Consultative Council composed of authorized representatives of the states. Its functions include advising the President and the Presidium of the Bundesrat, as well as assisting in the holding of plenary meetings and the adoption of administrative decisions, as well as in organizing the interaction of the Bundesrat with the federal government. The specifics of relations between members of the Federation Council and the legislative and executive bodies of state power of the constituent entities of the Russian Federation are determined by the direct norm of the Constitution of the Russian Federation and the provisions of the current legislation on the procedure for forming the Federation Council that develop it. Institutional relations between the chambers of the Federal Assembly and the constituent entities of the Russian Federation as government bodies arise within the framework of legislative procedures on the basis of the provisions of Article 136 of the Constitution and a number of federal laws (for example, when amendments to chapters 3-8

Constitution of the Russian Federation, consideration of draft laws on subjects of joint jurisdiction of the Federation and its constituent entities, when considering draft bilateral treaties between the Russian Federation and constituent entities of the Russian Federation).

As noted earlier in this work, the Council of Legislators of the Russian Federation under the Federal Assembly of the Russian Federation (Council of Legislators of the Russian Federation (Council of Legislators of the Russian Federation ). November 19-22, 2012 on the basis of the Moscow State University named after M.V. Lomonosov, for the first time, a seminar was held for members of the Council of Legislators of the Russian Federation at the Federal Assembly of the Russian Federation with the participation of representatives of the Administration of the President of the Russian Federation, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, other federal government bodies, as well as leading experts of the country. At the seminar, the problems of strengthening the scientific substantiation of the adopted legislative decisions were considered. The proposals of the state authorities of the constituent entities of the Russian Federation on various issues of improving federal legislation, materials received from federal ministries and departments, were reflected in the decisions of the Council of Legislators and its Presidium. All decisions of the Council of Legislators and its Presidium, adopted at the meetings, were sent to federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation for use in their work. The Federation Council regularly received replies from federal bodies of state power and bodies of state power of the regions on the practical implementation of the adopted decisions. December 13, 2012 at the second meeting of the Council of Legislators of the Russian Federation with the participation of the President of the Russian Federation V.V. Putin, for the first time, discussion of important state problems took place in the form of a free discussion, members of the Council of Legislators of the Russian Federation had the opportunity to ask questions to the President of the Russian Federation. This practice requires regulatory consolidation and expansion. According to the Charters (Basic Laws) of a number of constituent entities of the Russian Federation, members of the Federation Council from the respective region have the right to legislative initiative (for example, the Republic of Komi, Mari El, Mordovia; Perm Territory, Arkhangelsk Region, Moscow Region, Nizhny Novgorod Region, Penza Region, Samara Region, Saratov region, Tambov region, Ulyanovsk region, St. Petersburg). In his Address to the Federal Assembly of the Russian Federation on December 12, 2012, the President of the Russian Federation V. V. Putin pointed out that “I consider it right to give members of the Federation Council and State Duma deputies the right to initiate legislation in the legislative assemblies of their constituent entity of the Federation. Thus, we will strengthen the connection of federal legislation with the life of the regions and the legislator as such ”187.

The next element of the status of a member of the Federation Council is responsibility. As you know, in science there are several types of legal responsibility: constitutional and legal, administrative, civil, criminal, disciplinary responsibility. However, the last four types of responsibility are not directly related to the constitutional and legal status of a member of the Federation Council, since they are applied to a member of the Federation Council as a person, and not as a parliamentarian. In this regard, within the framework of this work, we consider only the first type of responsibility. As noted by S.A. Avakyan, “each branch of law must ensure the implementation of its norms by its own means, including measures of responsibility. The presence of measures of responsibility is the same sign of the industry as “own” social relations, “own” norms, these regulating relations ”217. The most important condition for the effectiveness of constitutional and legal responsibility is a clear consolidation in legislative acts of the composition of a constitutional offense. In the literature, the opinion is expressed that it is impossible "to give an exact list of circumstances that may serve as a basis for constitutional responsibility" 218. The consolidation of such a list is necessary, since a prerequisite for the onset of legal liability is the presence in the actions of the person of the offense specified in the law. Otherwise, political, moral or other, but not legal responsibility may arise. Based on these signs, it should be noted that the deprivation of the immunity of a member of the Federation Council is not a measure of constitutional and legal responsibility, since in this case there is no basis for this type of responsibility and negative consequences for this subject. Deprivation of immunity does not deprive a person of his special status, but only restores the possibility of his unhindered criminal prosecution.

According to the Federal Law of 08.05.1994, No. 3-FZ (as amended on 23.07.2012) "On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation", a member of the Federation Council may be recalled only on the grounds specified in part 1 of article 4 of this law: a written statement of resignation, loss of citizenship of the Russian Federation, entry into legal force of a court conviction, etc. Accordingly, the legislation now lacks a provision on the possibility of early termination of the powers of a member of the Federation Council by the electing (appointing) body of state power of the subject, which will undoubtedly have a positive effect on the quality of the work of the chamber and give greater stability to its work. Article 9 of the Federal Law “On the Status of a Member of the Federation Council and a Deputy of the State Duma of the Federal Assembly of the Russian Federation” states the obligation of a member of the Federation Council to comply with ethical standards, while responsibility for violations of ethical standards is enshrined in the regulations of the Federation Council. In addition, clause 12 of Article 30 of the Rules of Procedure of the Federation Council provides, among the powers of the Committee of the Federation Council on the Rules and Organization of Parliamentary Activities, the observance of parliamentary ethics in the Federation Council, but at the legislative level there are no norms regarding the conduct and observance of discipline by members of the Federation Council, ethical rules, as well as a clear legal mechanism for influencing a member of the Federation Council in case of violation of these norms. The code of parliamentary ethics has not yet been adopted, while the moral and ethical aspect occupies an important place in the activities of a parliamentarian. According to the Decision of the Romanian Senate of March 23, 1993219, a speaker is not entitled to indicate to the enemy during speeches or parliamentary debates as an argument about his appearance, events from his personal life, his nationality or ethnic origin; it is unacceptable to use offensive expressions against the enemy concerning his beliefs, mentality, origin, social status, profession, education. As practice shows, the level of culture of members of the Federation Council remains rather low. Thus, at one of the sessions of the Federation Council, it was proposed to continue the discussion of agenda items in a closed session due to the use of non-parliamentary expressions in speeches220; On June 29, 2011, State Duma deputy, co-chairman of the "Union of Communists" V. Yurchik appealed to the prosecutor of the Krasnoyarsk Territory with a request to involve a member of the Federation Council V. Oskin to responsibility for the desecration of the red flag. Currently, the Order of the Chairman of the Federation Council of the Federal Assembly of the Russian Federation No. 48rp-SF dated March 11, 2011 "On the Code of Ethics and Official Conduct of the Federal State Civil Servant of the Staff of the Federation Council of the Federal Assembly of the Russian Federation, Assistant to a Member of the Federation Council of the Federal Assembly of the Russian Federation for Work in the Federation Council of the Federal Assembly of the Russian Federation, filling the position on a fixed-term service contract. "

The procedure for the formation of the Federation Council of the Federal Assembly is established in accordance with the Constitution of the Russian Federation (Article 96) by federal law. The Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" dated December 5, 1995 determined that this chamber of the Russian Parliament includes two representatives from each constituent entity of the Russian Federation: the head of the legislative (representative) and the head of the executive bodies of state power by position. If the legislative (representative) body of any constituent entity of the Russian Federation consists of two chambers, then its representative in the Federation Council is determined by a joint decision of both chambers.

Elections to the bodies of state power of the constituent entities of the Russian Federation are held in accordance with the republican laws on the formation of the supreme bodies of power of the republics, as well as regulatory legal acts adopted by the representative authorities of the region, region, city of federal significance, autonomous region and autonomous okrug.

As for the process of preparing and holding elections to the representative bodies of state power of the constituent entities of the Russian Federation, it also consists of seven main stages. Each of them corresponds, on the whole, to similar stages in the organization of elections to the Federal Assembly of Russia.

Securing the powers of the chambers of the Russian parliament, the Constitution (Articles 102, 103) proceeds from the assumption that the Federation Council is called upon to represent the interests of all regions of the country, and the State Duma - of political parties, other electoral associations, as well as various groups of the population.

In this regard, the powers of the Federation Council include:

a) approval of changes in the boundaries between the constituent entities of the Russian Federation. It should be borne in mind that such changes can be carried out only with the mutual consent of the subjects of the Federation (Art. 67, clause 3 of the Constitution);

b) approval of the decree of the President of Russia on the introduction of martial law, adopted by him in accordance with Art. 87 of the Constitution;

c) approval of the decree of the President of Russia on the introduction of a state of emergency by him in the cases specified in Art. 88 of the Constitution;

d) resolving the issue of the possibility of using the Armed Forces outside of Russia;

e) calling elections for the President of Russia both in connection with the expiration of the term of office and in cases of their early termination;

f) removal of the President of Russia from office in the manner prescribed by the Constitution (Article 93);

g) appointment of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court. This authority is exercised by the upper house of the parliament of the Russian Federation on the proposal of the President of Russia (Article 83, clause “e” of the Constitution);

h) appointment and dismissal of the Prosecutor General of Russia (also on the proposal of the President of Russia).

On all the above issues, the Federation Council adopts resolutions by a majority vote of the total number of members of the chamber. At the same time, the resolutions of the Federation Council on a number of issues (approval of changes in the borders between the constituent entities of the Russian Federation, decision-making on the introduction of martial law or a state of emergency, etc.) are of a normative nature.

Decisions of the Federation Council are adopted by a simple majority of votes (except for cases provided for by the Constitution) by open or secret ballot. Open voting can be conducted using an electronic vote counting system or without it: by ballots or by polling. Ballots or an electronic system can also be used for secret ballot.

It is important to note that the Federation Council cannot be dissolved for any reason by any state body, therefore there is no reason to talk about the possibility of dissolving the parliament of the Russian Federation as a whole. This once again confirms the permanent nature of the activities of the Federal Assembly.

The chambers of parliament form committees.

The committees of the Federation Council and the State Duma are formed for the term of office of each chamber. The essence and order of activity of each committee is determined by the content of the powers of the respective chamber. The numerical and personal composition of the committees is approved by the majority of votes of the deputies of the chamber. In this case, the following rule is observed: a committee of the Federation Council may not consist of less than 10 deputies; the size of a committee of the State Duma can be set in the range from 12 to 35 deputies of this chamber.

In addition, each of the chambers of the Federal Assembly has the right to create commissions, the activities of which may be limited to a certain period or any specific task.

At meetings of committees, commissions of the chambers of the Russian parliament, two groups of issues are considered:

a) related to the implementation of instructions given by the chamber to the committee, commission;

b) the influence of the committee, commission on the organization and nature of decisions made by the chamber.

Each of the chambers of parliament has the right to hold parliamentary hearings. Such hearings are held at the initiative of the governing bodies of the chambers, their committees; in the Federation Council, in addition, there are groups of members of this chamber (at least 10 people), and in the State Duma - deputy associations. Hearings are organized by the committees (commissions) of the chamber on issues of their jurisdiction.