Representative bodies: the concept, structure and order of formation

The effective functioning of the legal system established in the country is provided by the authorities. Representative, executive, judicial institutions carry out the adoption and implementation of normative acts. They also create conditions for proper protection of rights and protection of citizens' interests. According to many researchers, legislative (representative) bodies have a priority in the system. This position is due to the fact that it is these institutions that enforce the norms of the main directions of foreign and domestic policy, ensuring the supremacy of legal provisions in society. Let's consider further what are the representative bodies in the country, what are their tasks and the order of formation.

General information

The principle of the separation of power into three directions was enshrined in the Constitution, adopted in 1993. Its essence lies in the fact that each branch is given certain questions, a framework of competence is established within which it can solve them. Thus, in particular, the resolution of disputes, the recognition of unconstitutionality of certain legal documents, sentencing is carried out by judicial state bodies. Representative institutions develop and adopt normative acts, approve the budget and so on. These issues are under the jurisdiction of the Federal Assembly and regional structures.

Parliament

He acts as the Supreme Normative Institution in the country. The Federal Assembly includes: the State Duma of the Russian Federation and the Federation Council. The first structure carries out the development, discussion and adoption of norms. In some cases, a legal document is studied in the Federation Council. However, the latter may reject the approved project. The Federation Council, thus, acts as a coordinating and supervising institution. Its activities are necessary to reduce political differences, to adopt the optimal version of the proposed rule.

Formation

Education 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 the voting. In the course of the pre-election campaign, political parties provide lists of candidates. The seats in the State Duma are distributed in accordance with the official voting results.

Structure

The highest representative bodies in the complex form a single institution that accepts the Federal Law. In accordance with them, regional legal documents are approved. This function is assigned to the representative bodies of the subjects of the Russian Federation. They, in turn, are called differently. It can be:

• Kurultays.
• Duma (regional, city, etc.).
• Hurals.
• Tips and so on.

In addition, territorial bodies also function. They are also entitled to approve regulations. These documents can disclose the essence of the Federal Law governing the resolution of issues of joint jurisdiction of regions and the Russian Federation, or to address issues that fall exclusively within the competence of the subjects.

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 the parliament is enshrined in the Constitution. In norm-setting activities, these federal bodies have priority. Meanwhile, in the country, legal acts can be approved by others, including judicial structures and the president. This, however, does not in the least diminish the strength and significance of the chambers of parliament.

Nuances

Representative bodies are such institutions that are formed according to the will of the people. The FS had such a status from 1993 to 1995. At the present time, the Upper Chamber of Parliament, in its essence, is 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. In this case, the State Duma can be called a representative body only partially. The fact is that, for example, in the 6 th of its convocation the election of deputies was carried out on the lists. Thus, the population voted not for a specific candidate, but for the whole party. The composition of the nominated political association, however, may change after its election. As a result, there is a "turnover" of deputies. Some of them, declaring self-challenge, leave, and others come to their place, which citizens do not even know about. In the opinion of a number of specialists, the Duma's legislative function should be considered dubious. The fact is that deputies have the right to indirectly control the work of the Chamber of Accounts, the chairman of the Central Bank. They can also send inquiries to the prosecutor's office, appoint a commissioner for rights, call for a meeting of ministers. These nuances have a significant impact on the dependence of branches of state power on each other. Thus, the highest standard-setting federal bodies have ample opportunities. Both chambers of parliament are endowed with control functions within their competence.

Territorial authorities

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 norm-setting activities, work on the formation of other structures, as well as control over their functioning. Interaction with the institutions of other branches is carried out in different ways in one or another administrative unit of the country. There are also differences in the forms of organization of the very process of passing laws, procedures for reviewing and resolving certain problems.

Specificity

Local representative bodies independently resolve issues that relate to information, material, technical, legal, financial and organizational support for their activities. All necessary expenses for this are approved within the institutions. The cost of providing activities is provided by 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 will be held in self-government bodies, their activities shall be carried out within the limits established in the Constitution.
• Establishment of fees and taxes, classified in accordance with the Federal Law to the regions, the order of their retention.
• Adoption of social and economic development programs proposed by the executive structures.
• Approval of the conclusion and termination of agreements and contracts at the regional level.
• Establishment of a regime of management and disposal of property in the territory under its jurisdiction.
• Determination of the procedure for convening and holding referenda.
• Approval of the plan for the management of the region, establishment of the structure of the higher executive bodies of the entity.

Normative Initiative

It has the appropriate self-government bodies, deputies and certain officials. The right to initiative is provided in accordance with the provisions of the Constitution and the Statutes of the regions and other institutions and structures. Among them, in particular, there may be public organizations and associations. This right can be obtained by citizens who live in a particular territory.

Consideration of proposed projects

The developed normative acts, given by the persons occupying the highest positions in the region, are studied as a matter of priority. Consideration of draft laws that provide for the costs to be covered from the budget of the entities shall be carried out for at least 2 weeks (14 calendar days).

Procedure for approval of acts

The adoption procedure is established in accordance with the current legislation. The process has its own specifics. In particular:

1. The adoption of the Charter of the entity, additions and amendments to it is made by a majority of votes. At the same time, it should not be less than 2/3 of the total number of deputies.
2. Bills are considered in at least 2 readings. When adopting or rejecting the developed act, a corresponding resolution is issued.
3. The approval of the laws of the region is made by the majority of all the established number of deputies, and decisions - on the number of elected.
4. As an integral condition for the enactment of a normative act, it is promulgated (promulgated) by persons who are in the highest positions.
5. In case of rejection of the bill, the veto can be overcome by a majority that is at least 2/3 of the total number of deputies.

Normative acts, Charters come into effect immediately after publication in official sources. Laws, provisions that relate to the protection of freedoms and rights are vested in legal force no earlier than 10 days after publication.

Legal Status

Normative regional (local) bodies are permanent institutions. They act as the only structures of the administrative unit that have the right to take formal legal acts. The functions of the institutes include legislative regulation on the issues of exclusive management of the region, as well as joint management with the highest representative bodies of the country. The structures of administrative units have the rights of legal entities, they have stamp seals. 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.

Specificity of election

Federal Law No. 184 defines the structure and methods in accordance with which normative local authorities are formed. The choice of deputies is carried out by citizens residing within this administrative unit. To participate in the campaign, they must be vested with an electoral (active) right. A Russian citizen who has reached a certain age may act as a candidate. He, according to the law, must have the passive right to be elected. Elections are held by secret ballot. The status of deputies, the duration of their powers, the procedure under which election campaigns are prepared and implemented , are approved in the Federal Normative Acts, the Constitution (Constitution) and other legal documents of the region. The meetings are open, but closed meetings are allowed. The procedure for convening the latter is stipulated in the regulations approved by the regional or municipal representative body.

Composition of regional institutes

Most of the representative bodies in the subjects are unicameral. Two chambers of parliament are envisaged only in some republics. The formation of representative institutions is carried out in the election process using proportional and majority systems. At least half of the deputies must be elected by the single district in accordance with the number of votes cast for the lists from the electoral associations. The number of deputies in the legislative body of the subject is determined in the Charter of the region. The number of elected representatives varies from 11 (in the Taimyr Autonomous District) to 194 (in the Republic of Bashkortostan). The length of stay of a citizen in the status of a deputy is established in the Charter. However, the term of office can not be more than five years. The number of officials carrying out their activities on an ongoing basis is established by the relevant normative act of the region.

Financing

The costs that are necessary to ensure the activities of representative regional bodies are provided separately from other costs in accordance with the RF budget classification. Disposal and control of the distribution of funds during the implementation of income-expenditure items by individual deputies or their groups, as well as by the norm-setting institution itself, are not allowed. However, the powers of the representative structure of the region to oversee the disposal of budget funds are not limited.

Laws of the representative body of the region

Normative acts of this type solve various issues. In particular, they include:

1. Approval of the regional budget and the report on its implementation, provided by the person occupying the highest office.
2. Establishment of the procedure for holding elections in the structure of local self-government within the administrative unit.
3. Approval of programs for economic and social development of the region, which are provided by the highest person.
4. The establishment of fees and taxes attributed to the administration of the administration, the order of their collection.
5. Approval of the budgets of territorial off-budget public funds and reports on their implementation.
6. Determination of the order of management and disposal of the property of the subject, including shares, shares and other interests in the capital of business partnerships, companies and enterprises of other organizational and legal types.
7. Approval of termination and conclusion of regional treaties.
8. Establishment of the order of organization and holding of referenda.
9. Determination of the administrative and territorial structure of the region and the rules for its change.
10. Establishment of the structure of institutes of other directions.
11. Determination of the procedure for election to the representative body of the region.

Resolutions

Representative bodies of the regions have the right to issue such normative acts on various current and operational issues. In particular, the resolution is implemented:

1. Adoption of the regulations of the standard-setting institute, the resolution of issues related to the internal routine of activities.
2. Execution of the transfer of higher authority in the subject to a citizen on the proposal of the President of Russia.
3. Appointment to the post and removal from it of individual employees.
4. Execution of consent for the receipt of posts by certain persons, if this procedure is established in the Constitution, Federal Law or the Charter of the region.
5. Appointment of the date of elections to the representative body of the subject.
6. Determination of the timing of the referendum in the cases provided for by the regulatory acts of the region.
7. Making a decision on confidence / mistrust of senior officials, including executive bodies, whose appointment was attended by a representative institution.
8. Approval of the agreement on changing the boundaries of the administrative unit.
9. Approval of the draft agreement on the division of powers.
10. Appointment of judges of the statutory (constitutional) court of the region.
11. Execution of other decisions on issues that, according to the Constitution and other normative acts, are assigned to the jurisdiction of the representative body of the entity.

Early termination of activities

The powers of the standard-setting body may stop before the expiration of the established term, in cases of its dissolution by:

1. Independently made decision of the deputies.
2. The decision of the head of the region, if a normative act was adopted during the meeting that contradicts the legal documents possessing the supreme power. At the same time, the facts of non-compliance must be established in court, and the representative body did not eliminate the violations discovered within six months from the date of entry into force of the judgment.

In case of early dissolution, early elections should be appointed. They are held no later than 6 months after the entry into force of the decree on early termination of the powers of the representative body. Early dissolution is also permitted in the event of a court decision on the incompetence of the current membership of deputies. Such a situation takes place, among other things, and when elected by the electors of their powers.

Distrust of the head of the region

A representative body is also endowed with this right. Mistrust to the person occupying the highest position is expressed in the following cases:

1. 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. At the same time, contradictions must be established within the framework of the court session, and the head of the higher executive body did not eliminate the discrepancy after the expiration of a month from the date when the court decision entered into force.
2. Detection of another gross violation of the Federal Law, the normative acts of the region, the provisions of the Constitution and other documents of this nature, if it entailed a general violation of the freedoms, rights and interests of the population of this administrative unit.

The decision on the expression of no confidence in the head of the supreme executive body is approved if 1/3 of the deputies voted for him from the established number of them at the initiative of the same number of people's representatives. In the event that such an order is adopted, the person occupying the highest regional office shall immediately resign, with the termination of the activity of the institute that it administered. At the same time, a new executive body should be formed. If this did not happen, the former institution functions until the creation of a new structure.