The effective functioning of the legal system established in the country is ensured by the authorities. Representative, executive, judicial institutions adopt and implement regulations. They also form the conditions for the proper protection of the rights and protection of the interests of citizens. According to many researchers, legislative (representative) bodies have priority in the system. This position is due to the fact that it is precisely these institutions that encapsulate the main directions of foreign and domestic policy in norms, ensuring the supremacy of legal provisions in society. Let us further consider what representative bodies exist in the country, what are their tasks and the formation procedure.
General information
The principle of the separation of powers into three areas was enshrined in the Constitution, adopted in 1993. Its essence lies in the fact that each branch is given specific questions, a framework of competence is established within which it can solve them. So, in particular, dispute resolution, recognition of the unconstitutionality of certain legal documents, sentencing is carried out by judicial state bodies. Representative institutions develop and adopt regulations, approve the budget, and so on. These issues are the responsibility of the Federal Assembly and regional structures.
Parliament
He acts as the Higher Rule-Making Institute in the country. The Federal Assembly includes: the State Duma of the Russian Federation and the Council of the Federation. The first structure carries out the development, discussion and adoption of standards. In some cases, a legal document is studied by the Federation Council. However, the latter may reject the approved project. The Federation Council thus acts as a coordinating and controlling institution. His work is necessary to reduce political differences, to adopt the optimal version of the proposed norm.
Formation
The formation of representative bodies is carried out on an elective basis. The election of deputies takes place according to the proportional system. All citizens of the country participate in voting. During the election campaign, political parties provide lists of candidates. Seats in the State Duma are allocated in accordance with official voting results.
Structure
The highest representative bodies in the complex form a single institution adopting the Federal Law. In accordance with them, regional legal documents are approved. This function is assigned to the representative bodies of the constituent entities of the Russian Federation. They, in turn, are called differently. It can be:
- Kurultai.
- Duma (regional, city, etc.).
- Khurals.
- Tips and so on.
In addition, territorial bodies also function. They are also entitled to approve regulations. These documents may disclose the essence of the Federal Law governing the resolution of issues of joint management of regions and the Russian Federation, or may relate to issues that are solely within the competence of entities.
Chambers of parliament
Representative bodies occupy a key position in the structure of the administrative apparatus of Russia. Higher institutions regulate issues related to ensuring the normal functioning of the whole society in the country. The legal status of the chambers of parliament is enshrined in the Constitution. In norm-setting activities, these federal bodies have priority. Meanwhile, other countries, including judicial structures and the president, can approve legal acts in the country. This, however, does not in the least diminish the strength and significance of the houses of parliament.
Nuances
Representative bodies are institutions that are formed by the will of the people. FS had this status from 1993 to 1995. Currently, the Upper House of Parliament is inherently not a representative institution of power. This is due to the fact that the appointment of senators is carried out by the president of the country. Moreover, the State Duma can be called a representative body only partially. The fact is that, for example, in its 6th convocation, the election of deputies was carried out according to the lists. Thus, the population did not vote for a particular candidate, but for the entire party. The composition of the proposed political association, however, may change after its election. The result is a "trickle" of deputies. Some of them, declaring self-rejection, leave, and others come in their place, about which citizens do not even know. According to a number of experts, the exclusively legislative function of the Duma should be considered doubtful. The fact is that deputies have the right to indirectly control the work of the Accounts Chamber, the chairman of the Central Bank. They can also send inquiries to the prosecutor’s office, appoint an ombudsman, and summon ministers to a meeting. These nuances have a significant impact on the dependence of the branches of state power on each other. Thus, the supreme norm-setting federal bodies have ample opportunities. Both houses of parliament are vested with oversight functions within their competence.
Territorial bodies
The legal status of these institutions is also enshrined in the Constitution. The powers of the representative body of the region include, in addition to standard-setting activities, work on the formation of other structures, as well as monitoring their functioning. Interaction with institutes of other branches is carried out differently in one or another administrative unit of the country. There are also differences in the forms of organization of the process of adoption of laws, procedures for the consideration and resolution of certain problems.
Specificity
Local representative bodies independently resolve issues that relate to informational, logistical, legal, financial and organizational support of their activities. All necessary expenses for this are approved within the institutes. The costs of providing activities are provided for in a separate line of the regional budget.
Competence
Among the main issues that are solved by regional institutions, it should be noted:
- Formation of the order on the basis of which elections to self-government bodies will be held, their activities will be carried out within the limits established in the Constitution.
- The establishment of fees and taxes allocated in accordance with the Federal Law to the jurisdiction of the regions, the procedure for their deduction.
- Adoption of social and economic development programs proposed by executive structures.
- Approval of the conclusion and termination of agreements and contracts at the regional level.
- Establishment of a management and disposal regime for property within the jurisdiction.
- Determining the procedure for convening and conducting referenda.
- Approval of the plan for managing the region, establishing the structure of the supreme executive bodies of the subject.
Normative initiative
It has the relevant self-government bodies, deputies and certain officials. The right to initiative is granted in accordance with the provisions of the Constitution and the Charter of the regions and other institutions and structures. Among them, in particular, there may be public organizations and associations. This right can also be obtained by citizens who live in a particular territory.
Consideration of proposed projects
The developed normative acts provided by persons holding senior positions in the region are studied as a matter of priority. Consideration of bills that provide for expenses that are supposed to be covered from the budget of entities is carried out for at least 2 weeks (14 calendar days).
Approval Procedure
The adoption procedure is established in accordance with applicable law. The process has its own specifics. In particular:
- Adoption of the Charter of the subject, additions and amendments to it is made by a majority of votes. Moreover, it should be at least 2/3 of the total number of deputies.
- Bills are considered in at least 2 readings. Upon acceptance or rejection of the developed act, an appropriate resolution is issued.
- The laws of the region are approved by a majority of the total number of deputies, and decisions by the number of elected.
- As an integral condition for the entry into force of the normative act is its promulgation (promulgation) by persons in senior positions.
- In case of rejection of the bill, the veto can be overcome by a majority, which is at least 2/3 of the total number of deputies.
Normative acts, charters come into effect immediately after publication in official sources. Laws and regulations regarding the protection of freedoms and rights are vested with legal force no earlier than 10 days after publication.
Legal status
Rulemaking regional (local) bodies are permanent institutions. They act as the only structures of an administrative unit that has the right to adopt official legal acts. The functions of the institutions include legislative regulation on the exclusive conduct of the region, as well as joint management with the country's highest representative bodies. The structures of administrative units have the rights of legal entities and have official stamps. The name of the representative body in each subject, its internal structure are determined in accordance with the Charter (Constitution), taking into account national, historical and other traditions.
Election specifics
The Federal Law No. 184 defines the structure and methods in accordance with which norm-setting local authorities are formed. The selection of deputies is carried out by citizens residing within the given administrative unit. To participate in the campaign, they must be vested with suffrage (active) right. A candidate may be a Russian citizen who has reached a certain age. He, according to the law, must have a passive right to be elected. Elections are held by secret ballot. The status of deputies, the duration of their powers, the procedure in accordance with which election campaigns are prepared and implemented , are approved in the Federal regulatory acts, the Charter (Constitution) and other legal documents of the region. Meetings are open, but private meetings are allowed. The procedure for convening the latter is provided for in the regulations, which are approved by the regional or municipal representative body.
Composition of regional institutions
Most of the representative organs in the subjects are unicameral. Two chambers of parliament are provided only in some republics. Representative institutions are formed during the election process using proportional and majority systems. At least half of the deputies should be elected in a single constituency in accordance with the number of votes cast for lists from electoral associations. The number of deputies in the legislative body of the subject is determined in the Charter of the region. The number of elects ranges from 11 (in the Taimyr Autonomous Okrug) to 194 (in the Republic of Bashkortostan). The duration of a citizen's status as a deputy is established in the Charter. However, the term of office may not be more than five years. The number of officials carrying out their activities on an ongoing basis is established by the relevant regulatory act of the region.
Financing
The costs that are necessary to ensure the activity of representative regional bodies are provided separately from other costs according to the budget classification of the Russian Federation. The disposal and control of the distribution of funds in the course of the implementation of income-expenditure articles by individual deputies or their groups, as well as by the rule-making institution itself, are not allowed. At the same time, the powers of the representative structure of the region to supervise the disposal of budget funds are not limited.
Laws of a representative body of a region
Normative acts of this type solve various issues. These include, in particular:
- Approval of the budget of the region and the report on its implementation, provided by the person holding the highest position.
- Establishing the procedure for holding elections to local government within an administrative unit.
- Approval of programs for economic and social development of the region, which are provided by the highest person.
- The establishment of fees and taxes attributed to the administration, the procedure for their collection.
- Approval of the budgets of territorial extra-budgetary state funds and reports on their implementation.
- Determination of the management and disposal of the property of the subject, including shares, shares and other shares in the capital of business partnerships, companies and enterprises of other legal types.
- Approval of termination and conclusion of regional agreements.
- Establishment of the procedure for organizing and conducting referenda.
- Definition of the administrative-territorial structure of the region and the rules for changing it.
- Establishing the structure of institutions in other areas.
- Determining the procedure for election to the representative body of the region.
Regulations
Representative bodies of the regions are entitled to make such normative acts on various current, operational issues. In particular, the decision shall:
- Adoption of the rules of the rule-making institute, resolving issues related to the internal routine of activities.
- Registration of the transfer of higher authority in the subject to the citizen on the proposal of the President of Russia.
- Appointment and removal of individual employees.
- Issuance of consent to a certain person’s position if this procedure is established in the Constitution, Federal Law or the Charter of the region.
- Assignment of the date of elections to the representative body of the subject.
- Determining the time of the referendum in cases provided for by regulatory acts of the region.
- Execution of a decision on trust / mistrust to senior officials, including executive bodies, in whose appointment a representative institution participated.
- Approval of an agreement on changing the boundaries of an administrative unit.
- Approval of the draft agreement on the separation of powers.
- Appointment of judges of the charter (constitutional) court of the region.
- Making other decisions on issues that, according to the Constitution and other regulatory acts, are attributed to the authority of the representative body of the subject.
Early termination
The powers of the rule-making body may stop before the expiration of the established period, in cases of its dissolution by:
- Self-made decision by deputies.
- Decision of the head of the region, if during the meeting a normative act was adopted that contradicts legal documents with supreme power. Moreover, the facts of non-compliance must be established in a judicial proceeding, and the representative body did not eliminate the revealed violations within six months from the date of entry into force of the court decision.
In case of early dissolution, early elections shall be called. They are held no later than 6 months after the entry into force of the decision on the early termination of powers of the representative body. Early dissolution is also allowed in the event of a court decision on the illegality of the current composition of deputies. This situation takes place, among other things, when the chosen ones resign their powers.
Distrust to the head of the region
The representative body is endowed with such a right. Distrust of a person holding a senior position is expressed in the case of:
- The publication of normative acts that do not comply with the provisions of the Federal Law, the Constitution, the Charter of the region and other legal documents. In this case, the contradictions should be established within the framework of the court session, and the head of the highest executive body did not eliminate the discrepancy after a month from the date the court order came into force.
- Identification of another gross violation of the Federal Law, regional regulations, provisions of the Constitution and other documents of this nature, if it entailed a widespread violation of the freedoms, rights and interests of the population of this administrative unit.
A decision on expressing no confidence in the head of the highest executive body is approved if 1/3 of the deputies out of the established number spoke out for him at the initiative of the same number of deputies. , , , . . , .