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"The Russian Constitution - Federal Assembly"

by

Dr. Pyotr Johannevich van de Waal-Palms

"RUSSIA: Text of the constitution..

  • Chapter 5. Federal Assembly
  • ARTICLE 94

    • The Federal Assembly-Parliament of the Russian Federation is the representative and legislative organ of the Russian Federation.

    ARTICLE 95

  • 1. The Federal Assembly consists of two chambers-the Federation Council and the State Duma.
  • 2. The Federation Council consists of two representatives from each component of the Russian Federation; one each from the representative and executive organs of state power.
  • 3. the State Duma consists of 450 deputies.

    • ARTICLE 96

  • 1. The State Duma is elected for a term of four years.
  • 2. The procedure for composing the Federation Council and the procedure for electing deputies of the State Duma are established by federal laws.

    • ARTICLE 97

  • 1. A citizen of the Russian Federation who has attained the age of 21 years and has the right to participate in elections can be elected a deputy of the State Duma.
  • 2. One and the same personal cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of any other representative organs of state power or organs of local self-government.
  • 3. Deputies of the State Duma work on a full-time professional basis. Deputies of the State Duma cannot be in state service or engage in any other paid activity, apart from teaching, scientific, or other creative activity.

    • ARTICLE 98

  • 1. Members of the Federation Council and deputies of the State Duma enjoy immunity for the duration of their term of office. They cannot be detained, arrested, or searched unless detained at the scene of a crime, nor can they be subjected to a body search except as provided by federal law in order to guarantee other people's safety.
  • 2. Any question concerning the lifting of immunity is decided by the appropriate chamber of the Federal Assembly upon submission by the general prosecutor of the Russian Federation.

    • ARTICLE 99

  • 1. The Federal Assembly is a permanently functioning body.
  • 2. The State Duma meets for its first sitting on the 30th day after its election. The president of the Russian Federation can convene a sitting of the State Duma prior to that date.
  • 3. The first sitting of the State Duma is opened by the oldest deputy.
  • 4. From the moment that the work of a newly elected State Duma begins, the powers of the previous State Duma are terminated.

    • ARTICLE 100

  • 1. The Federation Council and the State Duma sit separately.
  • 2. Sittings of the Federation Council and eh State Duma are open. In instance stipulated by the standing orders of a chamber it is entitled to conduct closed sittings.
  • 3. Chambers may convene jointly to hear messages from the president of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states.

    • ARTICLE 101

  • 1. The Federation Council elects from its membership the chairman of the Federation Council and his deputies. The State Duma elects from its members the chairman of the State Duma and his deputies.
  • 2. The chairman of the Federation Council and his deputies, and the chairman of the State Duma and his deputies, chair sittings and control the internal procedures of the chamber.
  • 3. The Federation Council and the State Duma form committees and commissions and conduct parliamentary hearings into matters under their jurisdiction.
  • 4. Each of the chambers adopts its own standing orders and decides matters relating to the internal procedure governing its activity.
  • 5. In order to monitor the implementation of the federal budget the Federation Council and the State Duma form a Comptrollers Office [Schetnaya palata], whose composition and work procedure are determined by federal law.

    • ARTICLE 102

  • 1. The jurisdiction of the Federation Council includes:
  • a) confirming alterations to borders between components of the Russian Federation;
  • b) confirming an edict of the president of the Russian Federation on the introduction of martial law;
  • c) confirming an edict of the president of the Russian Federation on the introduction of a state of emergency;
  • d) deciding the question of the possibility of the utilization of Russian Federation Armed Forces outside the borders of the territory of the Russian Federation;
  • e) scheduling elections for the president of the Russian Federation;
  • f) removing the president of the Russian Federation from office;
  • g) appointing justices of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Superior Court of Arbitration of the Russian Federation;
  • h) appointing and removing from office the general prosecutor of the Russian Federation;
  • i) appointing and removing from office the deputy chairman of the Comptrollers Office and half of its staff of auditors.
  • 2. The Federation Council adopts decrees on matters designated as its area of responsibility by the Constitution of the Russian Federation.
  • 3. Decrees of the Federation Council are adopted by a majority of votes of the total number of Federation Council members unless some other procedure for adopting a decision is stipulated by the Constitution of the Russian Federation.

    • ARTICLE 103

  • 1. The jurisdiction of the State Duma includes:
  • a) giving consent to the president of the Russian Federation for the appointment of the chairman of the Government of the Russian Federation;
  • b) deciding a motion on confidence in the Government of the Russian Federation;
  • c) appointing and removing from office the chairman of the Central Bank of the Russian Federation;
  • d) appointing and removing from office the chairman of the Comptrollers Office and half of its staff of auditors;
  • e) appointing and removing from office the commissioner [upolnomechennyy] for human rights, who operates in accordance with federal constitutional law;
  • f) declaring an amnesty;
  • g) filing a charge against president of the Russian Federation to remove him from office.
  • 2. The State Duma adopts decrees on matters designated as its areas of responsibility by the Constitution of the Russian Federation.
  • 3. Decrees of the State Duma are adopted by a majority of the votes of the total number of deputies of the State Duma unless some other procedure for adopting a decision is stipulated by the Constitution of the Russian Federation.

    • ARTICLE 104

  • 1. The right of legislative initiative is vested in the president of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) organs of components of the Russian Federation. The right of legislative initiative is also vested in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Superior Court of Arbitration of the Russian Federation in matters under their jurisdiction.
  • 2. Draft laws are submitted to the State Duma.
  • 3. Draft laws on the introduction or abolition of taxes, exemption from the payment of taxes, the floating of state loans, the alteration of the financial obligations of the state, and other draft laws envisaging expenditure funded out of the state budget can be submitted only when the government's findings are known.

    • ARTICLE 105

  • 1. Federal laws are adopted by the State Duma.
  • 2. Federal laws are adopted by a majority of the votes of the total number of deputies of the State Duma unless otherwise stipulated by the Constitution of the Russian Federation.
  • 3. Federal laws adopted by the State Duma are passed to the Federation Council within five days for examination.
  • 4. A federal law is deemed to have been approved by the Federation Council if more than half of the total number of members of this chamber have voted for it or if it has not been examined by the Federation Council within 14 days. In the even of the rejection of a federal law by the Federation Council the chambers may form a conciliation commission to overcome differences which have arisen, after which the federal law is subject to repeat examination by the State Duma.
  • 5. In the event of disagreement by the State Duma with a decision of the Federation Council, a federal law is deemed to have been adopted if at least two-thirds of the total number of deputies of the State Duma vote for it in a repeat vote.

    • ARTICLE 106

    Federal laws adopted by the State Duma are subject to compulsory examination in the Federation Council when they concern questions of:

  • a) the federal budget;
  • b) federal taxes and levies;
  • c) financial, foreign currency, credit, and customs regulations and monetary emission;
  • d) the ratification and denunciation of international treaties of the Russian Federation;
  • e) the status and protection of the state border of the Russian Federation;
  • f) war and peace.

    • ARTICLE 107

  • 1. A federal law that has been adopted is submitted within five days to the president of the Russian Federation for signing and promulgation.
  • 2. The president of the Russian Federation signs and promulgates the federal law within 14 days.
  • 3. If the president of the Russian Federation, within 14 days of receiving the federal law, rejects it, the State Duma and the Federation Council reexamine the said law in accordance with the procedure laid down by the Constitution of the Russian Federation. If, after repeat examination, the federal law is approved by a majority of the votes of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma in the working previously adopted, it is to be signed by the president of the Russian Federation within seven days and promulgated.

    • ARTICLE 108

  • 1. Federal constitutional laws are adopted on matters stipulated by the Constitution of the Russian Federation.
  • 2. A federal constitutional law is deemed to have been adopted if it is approved by a majority of the votes of at least three-fourths of the total number of the Federation Council and at least twothirds of the total number of deputies of the State Duma. A federal constitutional law that has been adopted is to be signed by the president of the Russian Federation and promulgated within 14 days.

    • ARTICLE 109

  • 1. The State Duma may be dissolved by the president of the Russian Federation in circumstances stipulated in Articles 111 and 117 of the Constitution of the Russian Federation;
  • 2. In the event of the dissolution of the State Duma, the president of the Russian Federation sets the date of elections so as to ensure that the newly elected State Duma is convened not later than four months from the date of dissolution.
  • 3. The State Duma may not be dissolved on the grounds stipulated in Article 117 of the Constitution of the Russian Federation for one
  • year following its election.
  • 4. The State Duma may not be dissolved from the moment it files a charge against the president of the Russian Federation, until the adoption of a corresponding decision by the Federation Council.
  • 5. The State Duma may not be dissolved during the period of operation of a state of martial law or state of emergency on the whole territory of the Russian Federation, or within the six months preceding the expiry of the term of office of the president of the Russian Federation.

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