Law Techniques of Russian Federation

Law Techniques

One of the main activities of the state is lawmaking. Legislators by preparation of the bill are guided by rules of legislative equipment. Process of preparation of the bill includes: the cumulative analysis of requirement for settlement of a certain sphere of the public relations (or change of such regulation) and the corresponding gaps in the current legislation and practice of its application; making decision on project preparation; development of its text; discussion and completion of an original project; coordination with all interested bodies and the organisations. Then the text offered to adoption of law to be submitted for consideration the supreme legislative body or on a referendum.

According to the Constitution of year the unique source of the power in the Russian Federation are its multinational people which carries out the power directly, and also through public authorities and local governments. The highest direct expression of the power of the people are the referendum and free elections.

Carrying out a referendum in the Russian Federation is regulated by the Federal Law «About a referendum of the Russian Federation», Federal the Law "About the main guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation" .

According to article 94 of the Constitution of the Russian Federation the parliament of the Russian Federation, Federal Meeting is representative and state legislature.

According to the theory of division of the authorities the legislature is one of three counterbalancing each other of the authorities in the state which carries out an exclusive right to issue the regulations possessing highest, after the Constitution, validity, - laws. The law is understood as the arch of obligatory rules established by the state and norms of economic and public behaviour of all subjects on territories of this country, including list of a ban and restrictions.

According to the Constitution of 1993 the right of a legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of council of Federation, deputies of the State Duma, the Government, legislative (representative) bodies of subjects of the Russian Federation. The right of a legislative initiative belongs to also Constitutional Court, the Supreme Court and the Supreme Arbitration Court of the Russian Federation concerning their maintaining.

Under the Law «About the Government of the Russian Federation» the Government of the Russian Federation carries out the right of a legislative initiative by means of entering of bills into the State Duma.

The government of the Russian Federation has the right to bring in the State Duma according to its Regulations of the amendment to being on consideration of the State Duma to bills.

Developed by the Government of the Russian Federation draughts of federal laws in subjects of joint maintaining the Russian Federation and subjects of the Russian Federation without fail go the Government of the Russian Federation to public authorities of subjects of the Russian Federation.

The government of the Russian Federation draws the written conclusions on bills of introduction or of cancellation of taxes, of release from their payment, about release of the state loans, about change of financial obligations of the state and on the bills providing expenses, covered at the expense of the federal budget. The conclusion of the Government of the Russian Federation goes to a legal entity of a legislative initiative and to the State Duma till one month from the date of receipt of the bill in the Government of the Russian Federation. In coordination with an appropriate subject of the right of a legislative initiative this term can be prolonged.

The government of the Russian Federation can send official reviews of federal laws considered by chambers and bills to chambers of Federal Meeting. Official responses of the Government of the Russian Federation are subject to obligatory announcement or distribution by consideration of federal laws and bills at meetings of the Federation Council or the State Duma.

The conclusions of the Government of the Russian Federation to bills and official responses of the Government of the Russian Federation about considered by chambers of Federal Meeting federal laws and bills are signed for bills, amendments by the Prime minister of the Russian Federation or or his deputy and go to chambers of Federal Meeting.

Members of the Government of the Russian Federation have the right to be present and speak at meetings of chambers of Federal Meeting, their committees and the commissions according to regulations of chambers.

For representation in chambers of Federal Meeting brought the official representative (official representatives) the Governments of the Russian Federation is appointed by the Government of the Russian Federation of the bill. For protection of positions of the Government of the Russian Federation according to the conclusions, amendments and official responses by an order of the Prime minister of the Russian Federation or one of his deputies the special representative which powers are defined in an assignment can be directed. Representatives of the Government of the Russian Federation are present at meetings of chambers of Federal Meeting by consideration of federal laws and bills where to them it is given the floor according to regulations of chambers.

The government of the Russian Federation delivers to the State Duma the federal budget and the report on its execution. The report on performance of the federal budget for last fiscal year is represented to the State Duma the Government of the Russian Federation at the same time with the draught of the federal budget the next fiscal year.

According to Regulations of the Constitutional court of the Russian Federation the offer on performance with a legislative initiative on a question relating to maintaining the Constitutional Court, can be brought by any judge of the Constitutional Court. Thus the judge can present the bill text, or the amendment text to the bill, or the text of the legislative offer on development and adoption of the new federal law.

The decision on performance with a legislative initiative is accepted by the Constitutional Court in plenary session according to the report of the judge who has made the relevant proposal.

For work on the bill or the legislative offer the Constitutional Court can form the preparatory commission of number of judges. For drawing up of the text of the bill or the legislative offer and preparation of necessary materials the working group under the chairmanship of the judge of the Constitutional Court can be formed.

The constitutional Court charges to the Chairman of the Constitutional Court or one of judges to take part in meetings of chambers of Federal Meeting in connection with passing of the bill made by the Constitutional Court or the legislative offer.

According to the Constitution Federal laws of the Russian Federation are accepted by the State Duma. The right of a legislative initiative is carried out in the form of entering into the State Duma:

  1. draughts of federal constitutional laws and federal laws;
  2. bills of modification of laws in force of the Russian Federation and laws of RSFSR, federal constitutional laws and federal laws, or on recognition of these laws become invalid, or about non-use in the territory of the Russian Federation of acts of the legislation of USSR;
  3. amendments to bills.

When entering the bill into the State Duma a legal entity of a legislative initiative should be presented:

  1. the explanatory note to the bill, containing a subject of legislative regulation and a statement of the concept of the offered bill;
  2. the bill text with the instruction on the title page of a legal entity of the legislative initiative which has introduced the bill;
  3. the list of acts of the federal legislation which is subject to recognition by become invalid, stay, change or acceptance in connection with adoption of this law;
  4. financial and economic justification (in case of the bill introduction which realisation will demand material inputs);
  5. conclusion of the Government of the Russian Federation.

According to Regulations of the State Duma the prepared bill and materials to it go a legal entity of a legislative initiative addressed to the Chairman of the State Duma. The arrived bill is registered in Management of documentary providing and State Duma administration archive. Registration number which is specified together with the bill name during the whole period of passing of the bill in the State Duma is assigned to it.

If prepared for entering into the State Duma the bill corresponds to requirements of article 104 of the Constitution of the Russian Federation and article 105 of Regulations of the State Duma, Council of the State Duma for the offer of profile committee makes the following decision:

  • to appoint one of committees of the State Duma responsible under the bill;
  • to include the bill in the approximate program of zakonoproyektny work of the State Duma on current or on regular session;
  • to send the bill to committees, the commissions and deputy associations, to the President of the Russian Federation, in the Federation Council, the Government of the Russian Federation, and also in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation concerning their maintaining for preparation and representation of responses, offers and remarks.

If prepared for entering into the State Duma the bill does not correspond to requirements of article 104 of the Constitution of the Russian Federation and article 105 of Regulations of the State Duma, Council of the State Duma for the offer of profile committee makes the decision on bill return to a legal entity of a legislative initiative for implementation of the specified requirements.

Consideration of bills by the State Duma is carried out in three readings.

By consideration by the State Duma of the bill in the first reading its concept is discussed, the assessment of compliance of basic provisions of the bill of the Constitution of the Russian Federation, its urgency and the practical importance is given.

At the beginning of the second reading the bill in the State Duma the report is made by the representative of responsible committee. The speaker reports about results of consideration of the bill in responsible committee, about the arrived amendments and results of their consideration.

Council of the State Duma appoints the third reading the bill for vote with a view of its acceptance as the law. In case in the course of the second reading changes have been made to the bill, Council of the State Duma sends the text of the bill and the conclusion of Legal department of State Duma administration to the President of the Russian Federation, to the Federation Council, the Government of the Russian Federation, to deputies of the State Duma. By bill consideration in the third reading introduction in it of amendments and return are not allowed to bill discussion as a whole or to discussion of its separate sections, heads, articles.

Federal laws are accepted by a majority of votes from total number of deputies of the State Duma.

The federal laws adopted by the State Duma within five days are left the Federation Council. The federal law is considered the approved Federation Council if for it has voted more than a half from total number of members of this chamber or if within fourteen days it has not been considered by the Federation Council. In case of a deviation of the federal law the Federation Council of chamber can create conciliation commission for overcoming of the arisen disagreements then the federal law is subject to repeated consideration by the State Duma.

In case of disagreement of the State Duma with the Federation Council decision the federal law is deemed accepted, if at repeated vote for it not less than two thirds of total number of deputies of the State Duma have voted.

The passed federal law within five days goes to the President of the Russian Federation for signing and publication. The president of the Russian Federation within fourteen days signs the federal law and will publish it. If the President of the Russian Federation within fourteen days from the moment of receipt of the federal law rejects it, the State Duma and the Federation Council consider again this law. If by repeated consideration the federal law is approved in earlier accepted edition by the majority not less than two thirds of voices of total number of members of council of Federation and deputies of the State Duma, it is subject to signing by the President of the Russian Federation within seven days and to publication.

Short info

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Capital Moscow
Currency Russian Rouble (RUB)
Time zone UTC+3 to +12 (exc. +5)
Population 144,192,450 (2016)
Languages Russian
Calling code +7