Introduction to the Russian parliament and constitution:The Federal Commission, the State Duma and the constitution characteristics

Russia has a bicameral parliamentary system, the Federal Council (formerly known as the Supreme Soviet, the house of Commons) said the state duma.

1, the Russian Federation Council

  Russia's September 21, 1993 release "Russia gradually for constitutional reform", so as to establish the new bicameral parliament, namely the Federation Council (upper house of parliament) and the State Duma (lower house of parliament) Federation Conference (parliament), in 1993 December through the Russian Constitution made explicit provision to the parliament.

  The Federation Council (upper house of parliament) is responsible for defining the national implementation of the policy measures for the settlement of disputes and conflicts, the proposed national relationship, guarantee to solve the national problems in the Republic of china. The Federal Council resolution to be obtained by a majority vote of 2/3 party, and should be the president's approval.
  The first federal election commission prescribed in the articles of association: each federal subject have two representatives in the upper house of Parliament, in accordance with the main body of the federal administrative boundaries delineated dual seat constituencies (each subject for a constituency representative), according to the majority of election.

In December 12, 1993 has held the first session of Federal Council election, a total of 175 representatives elected upper house, many of whom are provincial administrative organization leaders, such as the 5 president of the Republic, 11 regional heads of government, 43 border area and state's chief executive, 3 federal minister.

The first Federal Commission began work in January 13, 1994, Russian Federation President Yeltsin presided over the opening ceremony of the meeting. The same day Vladimir Shoemake was elected as the first president of the federal council.

  The first federal committee for two years (1994 to 1995), during which a total held 32 meetings, passed 773 resolutions, which is 346 for the consideration of the federal law to the resolution of the 92 resolutions, the ratification of international treaties and agreements, 41 decisions involving federal law draft.

  The Russian head of state is the president, he is the supreme leader, is guaranteed by the constitution, is the Supreme commander. Executive authority is the function of the management of the government. But the federal (Federal Council meeting is one of the two houses), according to the provisions of the constitution, is the legislative and representative authority.

  Some legal state Duma passed must not after the federal committee, if the federal committee did not review in two weeks, these laws can not after the house of Lords sent straight President issued.

  Legislation is not the only responsibility of the federal council. Its functions include transaction of some major countries, such as the approval of Russian Federal subjects in boundary changes, as well as the approval of the president of Russia issued a military and emergency command. The use of the Russian armed forces abroad in Russia is also decided by the federal council.

  The committee also solve many important problems of personnel appointment and removal. According to the president's recommendation, the house of Lords appointed constitutional court, Supreme Court and arbitration court judge; appointed or cancel the Russian duty of the attorney general to appoint or remove; director of audit and Audit Office half officials.

  According to the Constitution and laws, the house of Lords are also responsible for determining the presidential election date; if the State Duma proposed impeachment motion, can also be based on the complexity of the legal procedures relating to impeach the president, made the decision to impeach the president.

  In 2000, Russian President Putin launched the reform aims to improve the work efficiency of the vertical state regime, the reform makes people look at the upper house of Parliament with a critical eye work arrangements. After argument through a new federal law. The provisions of the law, the Federal Commission take no other position in the domestic. Since January 1, 2002, the Federal Council is no longer responsible persons from the main body of the federal executive and legislative authority, but a professional representatives in the upper house of Parliament in these organs.

  Open to a plenary meeting now the federal committee is not like the past one month, significantly increased the number of meetings. The main task of the Federal Council is to consider the State Duma passed a law. The federal committee has the right to approve, deny or recommended the establishment of the Federal Coordinating Committee meeting houses to eliminate differences. In addition, each member and the federal committee can propose legislation to own, shall have the right to put forward a bill to the state duma.

2, the Russian State Duma

The Russian State Duma for the lower house of Parliament, composed of 450 members. According to the Russian constitution, no across 5% votes "mark" of the party not only can not participate in the party to run for the allocation of seats, but also on behalf of the party as an independent candidate was elected in the local constituency is not alone. In the State Duma delegation. The main responsibility of the State Duma is responsible for drafting and formulating national law, to consider the president appointed Prime Minister of government and to the president's decision to trust.

Origin of the State Duma

"The State Duma" is called to come from the old russian.

"Duma" one word, is a Russian (as y makes а) transliteration, meaning "parliament". The czar of Russia was the feudal autocracy, the 1905 outbreak of revolution, Tsar Nicola S to ease the political crisis, in the same year 9 - announced in October called "the State Duma", gave some power. In 1906 and 1907, produced the first, the second session of the State Duma, but then soon disbanded. Then the third, the fourth state Duma, its power is not large, but the name is a national parliament. In 1917, after the victory of the October revolution, the Soviet Union established "Yixingheyi" Soviet system. In 1993, Russia resumed "Duma" title.

The Russian State Duma was established in 1993. Prior to this, the Russian Soviet era to use. The Soviet Union's parliament is "people's representative Soviet", its permanent body is the bicameral "Supreme Soviet Union", in school and the national institute. In 1988, the Soviet Union for reform, "the people's Soviet" renamed "Soviet people's Congress", its permanent body still call "the Supreme soviet". At that time, Russia also do so, established the "Russian Federal people's Congress", its permanent body is the Supreme Soviet of the Russian Federation "".

In 1993 October Russia "by the White House" after the incident, President Yeltsin announced the abolition of the Soviet system, the establishment of a new federal parliament, the house of Lords called "federal committee", the house of Commons that "the state duma".

　The State Duma authority

Although Russia to implement the "three powers", but the president of great power, the parliament's power is very small, can be referred to as the "centralized presidential system" or "super presidentialism" countries. In accordance with the provisions of the constitution, the State Duma has the following functions: by law; the approval of the president appointed to government prime minister; the problem of trust and government; the governor of the central bank; declared an amnesty to impeach. However, the State Duma passed the law, through the Federation Council (upper house) of the review, the president also has the power to veto; government formed directly by the president, the State Duma, such as three times rejected by President nominated prime minister, or two times the government's no confidence motion, the president has the power to dissolve the state duma. It is very difficult to impeach President of the State Duma, must go through the following procedures: complex state Duma members "proposals" above 1/3; special committee of the State Duma made "conclusion"; the State Duma above 2/3 majority of the "charges"; the Supreme Court president. "Conclusion"; "the constitutional court to charges in accordance with the provisions of the program," guilt was confirmed "ruling"; the Federation Council (upper house) more than 2/3 members agreed. Thus, only through impeachment. Such a complex and extremely difficult process, actually makes the impeachment of President became almost impossible.

The State Duma elections

  The Russian Constitution stipulates: "the State Duma, composed of 450 Representatives", "election every 4 years". According to the electoral law in the Russian State Duma, 225 representatives of the State Duma to Party principles in the federal election, vote more than 5% of the party to the State Duma, and according to the votes allocation of seats. The State Duma on the other 225 representatives is generated by a majority of votes in the "single seat constituency elections", namely the establishment of 225 districts in the country, each district has a representative. A new electoral law also stipulates that, from the beginning of 2007, the party into the State Duma vote rate will increase to 7%.

3The Russian constitution, characteristics and the power system

The Russian constitution features: reflect the constitutional spirit
The 1993 constitution and the constitutional system established by the constitution, is one of the most important events in the history of Russian politics, it reached a decisive influence on the smooth operation of the political system of the future. Can say, the establishment of the Russian constitutional system, stability of political rule determines that the predictability of the overall trend of Russia's political development. Russian political unpredictability is from the internal relationship between government policy or the change of government in terms of.
For modern democratic politics, a constitution is not the ultimate goal, realize constitutionalism is the core of. Constitutionalism is the essence of the modern constitution. The basic characteristics of constitutional government is the constitution of this form to determine down has won the Democratic reality, in order to consolidate the democratic development of this fact, democracy and fact. A constitution significance is not only a political framework, it also means the constitutionalism, is restricted to be established by the constitution of the government, but only according to the terms and subject to the limitations of rule. Constitutionalism is the essence of the constitution, the constitution is the external expression of constitutionalism.
1993 Russian constitution is a reflection and aims to promote the spirit of constitutional government constitution, it has the following basic elements:
First, announced the people enjoy the ruling power of the state, and in fact that the authority of the state from the will of the people.
The Constitution stipulates that the third:
1, Russia's national people is the only source of owner and power of the Russian Federal sovereignty. 2, the people directly or through the local organs of state power organs and local exercise their power. Direct form high 3, the people exercise power is a referendum and elections. 4 Any person shall, according to the existing Russian Federal power. To usurp power or put all power for it to under federal law proceedings.
Second, the design of national authority must have the mechanism of separation of powers and checks and balances, in order to prevent the power lose restriction and supervision and corruption. That is to say, the power of the government can only exercise under the law, any government agency, beyond the law authority is illegal.
The current constitution of tenth stipulates that: "in the Russian Federation, the foundation of the state power separation in the legislative power, executive power and judicial power on the exercise, legislative, executive and judicial authority independent of each other. "The provisions of the eleventh paragraph first:" the Russian Federation of state power by the Federal Assembly of Russia (president, Federation Council and the State Duma), the government of the Russian Federation, the Russian Federal court. "Russia Federal Way in the structure of state power, from the constitutional point of view, have certain effect in preventing excessive centralized federal government power.
Third, to establish the system of constitutional supervision, a clear constitutional review mechanism, and establish the corresponding norms and procedures, regulations, make the operation of state machine to abide by the Constitution and the constitutional principle, when damaged, the agency has the right to take measures, declared unconstitutional act is invalid and puts forward the corresponding remedial measures. This is one of the core content of the constitutional government.
The Russian constitution court supervision system. The current constitution of 125th defined the constitution supervision functions of the constitutional court.
Fourth, regulated and protected by an independent judiciary. Judicial independence is an important part of the constitutional government culture, because there is only one independent of other political power judicial power to the objective and impartial implementation of the law. While the strict legal and correct implementation is essential for constitutionalism is.
The current constitution of the seventh chapter made provisions on judicial power. Article 118th explicitly pointed out: "1, the territory of the Russian Federation trial right can only be exercised by the courts. 2, the judicial power by constitutional, civil, administrative and criminal litigation procedure. 3, Russia's judicial system is determined by the constitution of the Russian Federation and the federal constitutional law. Do not allow the establishment of special courts. "
Fifth, to respect and protect the rights of individuals. Is the most important task of the protection of human rights in constitution.
The current constitution of second stipulates that: "the rights and freedom of person and person of the Supreme value. Admit, follow and maintain the rights and freedom of human and citizen is the responsibility of the state. "The second chapter" the rights and freedom of man and citizen was president Putin called "the world's best similar constitutional law. "
Characteristics of 25 of the constitution is to admit of no doubt, "the representative organs of the legislation such as the violation of the fundamental law of the exercise of the right to appoint a representative to be invalid since when a principle is very clear. Therefore, unconstitutional legislation can not go into effect. "The Constitution and the law, with the constitution as the quasi; compared to people and their representatives, the will of the people shall prevail. "American war of independence and the French Revolution of constitution, is the direct origin of the modern constitution idea. The Russian constitution belongs to the basic organization of national matters, for the text to be written constitution, set at the same time, because of the Russian constitution revision procedure different from the common law, also belong to the rigid constitution.
A Russian senior officials in 1914 a paragraph described the Russian history: "the legislative system and the intellectual opposition lacks real authority in the eyes of the people, will be powerless to prevent arouse by their own people flow, Russia will be unable to foresee the outcome? In hopeless confusion. "The establishment of the 29 Russian constitution from the angle of system will avoid this point. In 1906, the Russian law of Nicola II, the history of Russia's first constitution ignored. The most important contribution is the constitution of 1993 may impact on the public, so that they recognize that the constitution should play an effective and authoritative function. 3
Russian History Research Institute Faure Sow think, forming factors of power is the Russian system. Social Science Information Studies Institute P Vova Rolf think, for Russia's rulers, the most important thing is how to maintain and consolidate their rule. 31 then, the constitutional system to realize the power restriction is very important. "As long as the change in law or law making procedures also maintains its effectiveness, and represents a real constraint on bureaucratic and political leaders of the risk, so in this way the abuse of power is minimized. "
The national power system: the presidential system as the core
The events of October, Russia through the first Russian history, reflect the constitutional spirit of the 1993 constitution through referendum. The Russian constitution established the presidential system as the core of the national power system.
Study on Russia's presidential system, divided into three aspects.
First, domestic and foreign scholars have starting from the provisions of the constitution, the power characteristics of the Russian presidency, made a lot of research. The author here discusses the four points.
From the legislative process, legislative institution and administrative institution restrict each other. According to the provisions of the constitution, the Russian federal law, first by the State Duma, care of the federal committee within five days, the federal committee within five days after the president signed and promulgated by the president to sign, within fourteen days, and promulgated. This is one of the most simplified procedures of legislation.
From the boundary of the presidential and parliamentary, presidential power embodied in the power of appointment and removal of personnel and the legislation of executive power. Control state administrative agencies, the most direct means, is a senior government official appointment. According to the Russian constitution, the president of Russia and the lower house of Parliament are democratically elected, the federal government has independent constitutional status (Chapter sixth), but the personnel control constitution on the presidential and parliamentary provides balance mechanism. Eighty-third the provisions of the first paragraph: "the president of the Russian Federation by the State Duma agreed to appoint Prime Minister of the Russian federation. "The provisions of 103rd in the first paragraph:" the State Duma agreed jurisdiction is the president of the Russian Federation appointments to the Prime Minister of the Russian Federation. "The provisions of article 111st paragraph first stipulates:" the government of the Russian Federation for the president of the Russian Federation appointment and approval of the State Duma agreed. "The president has the right to appoint 35 and final right to nominate federal prime minister, has the right to consider the duma. Moreover, the Russian Constitution clearly stipulates the federal prime minister's dismissal right. The ultimate power to the president. The appointment and removal of other government officials through the advice of the prime minister by the president or president, and direct control of powerful government departments.
From the administrative power, constitution also stipulates that the president independent constitutional authority. Article 112nd the provisions of the first paragraph of the "Prime Minister of the Russian Federation submitted in the federal appointment within a week of the president of the Russian Federation executive authority suggestion", the Russian executive authority constituted can change. The federal government has formulated the re establishment of the federal executive functions and powers of the authority of the.
From the provisions of the constitution order, American constitution to provisions of the powers and functions of the Congress, then requires the president and judicial, Russia to the provisions of the federal president, and then the provisions of the Federal Parliament, the federal government and judicial. The subtle differences in itself reflects the core status of Russian president in the national power system.
Secondly, the author discusses the reason for Russia to presidential system as the core of the national power system.
From a global perspective, from representative democracy to administrative democracy, the representative government to the evolution of administrative centralization system of government is an important feature of the development of modern democratic political system. To American as an example, in twentieth Century 30 years, the president's power has been strengthened, the president has replaced the primacy of Parliament, became the political center of the Congress USA, tend to the president for policy leadership and political cohesion. The first reason is because of the complexity of social problems brought by industrialization and post industrialization society needs to strengthen the functions of the government. Satta Rolf think, "constitutional" two roles "mode, direct participants in national foundation for the guardian and the reality of the political and economic life. "Russian political scientist Miglani Jan thinks, the foundation of private property rights, the rule of law, effective legislative and the normal operation of the public social liberalism must be placed through the powerful countries.
From the realistic conditions, as Roy; Mai Devi Jeff points out, to ensure a stable democracy and order, provide to the president the necessary power and power lever is not Yeltsin's wayward behavior or the Framers' miscalculation, it must be so. Because in the Russian tradition of democracy, civil society and mature political parties system have not yet formed, in such realistic conditions, the president can also become stable, democratic and order of protection.
From the need of economic reform, Russian Academy of international economic and political honorary director of the Institute Bo Gomo Love think, democracy and market economy is the goal, but in the establishment of a healthy market economy in the process, the most important tool is powerful authoritarian government, it can regulate and guide the process of change along the correct route. Politics is the key to the success or failure of economic transformation. Adverse effects of weakening national authority functions on economic radical change to Russia to recognize, relative centralization necessary for economic reform.
In addition, influence of Russian political tradition and the political culture can not be ignored. The political orientation of Russian authoritarianism is finally established the important factors of the presidential system. Putin pointed out that, unlike America Russia or the United Kingdom, in the two countries where liberal values have a profound historical tradition. And in Russia, "the state and its system and institutions in the people's life always plays an extremely important role. With a strong power of the state to the Russians are not normal, is not a thing to go against it, on the contrary, it is the source and guarantee the order, is the main driving force advocate and any change. "
Russia's implementation of the presidential system, also need to know the president office functions. President of the Russian Federation office responsible for security of the Russian Federation President, the office of the president is a national authority. Members of the office of the president of the following officials: Director, deputy director of office of the president, the president's assistant and adviser to the president, in the houses of Parliament and Plenipotentiary, constitutional court protocol officer, the president's press secretary and director of the General Administration of the office of the president. The office of the president also includes a series of sub committee is responsible for ensuring that the president of the smooth progress of the work room and a series of other institutions. By the president himself responsible for the office of general Leadership: he is responsible in the office from among the members of the official. The office of the president as the highest political leaders to decide an important strategic, play an important role in the process of the implementation of these decisions.
In summary, we can see, is at the stage of Russian political transition, the political leaders of Russian political transition in the changes brought on the policy orientation change, it has important influence on the formation of the new system, however, changes in national power structure with the change of power and the occurrence of the is of fundamental significance. Set the current constitution of the Russian Federation distinctively manifests this point. From the social consequences, "Soviet system collapse in Russia, the main results of 1993 October 3-4, events," most people have at that time domestic events simply understood as the positive conflicts between two authority and "elites" struggle, the result did not constitute a substantial impact on the daily to solve the problem of life of ordinary people. "But," the current constitution lays the foundation for the transition from a totalitarian regime to democracy, and in the formation of the Russian social development and national law and the new relationship, have and continue to play a significant role in. Can say, the Russian constitutional system and establish the 1993 constitution is extremely profound and important for Russia's national development history.
Reflect the constitutional spirit of the 1993 constitution, division of legislative institution and administrative institution to be clear, of Russian political transition into the regime increasingly clear consolidation phase, is characterized by political norms and the political order began to realize the system. Russian scholars think, analysis of Russian policy should pay attention to four basic areas: the constitutional process, privatization, regional interests and the interests of Russia relations, entered the world civilization. Among them, the first in the field of success, means that the formation of the rule of law state, have high degree of legitimacy and security regime, failure means that deepen divisions. Can say, the fundamental significance of establishing the system of constitution of 1993 from the first step of the constitutional process successfully, but also is the most critical step. After the establishment of the constitutional system, system development and evolution of a political point.
For the whole process of Russian political transition, in 1993 before the adoption of the constitution is the constitutional system of the game period, from 1993 to the end of 1999 is the political system of the formation and development of Russian political transition period, is also the basic completion stage. Research from the perspective of the laws of political transition, before the establishment of a stage focusing system, a phase focused perfecting the system operation mechanism of the establishment.
The 1993 after the Russian political process as a relative sense the whole stage, the core is the operation mechanism. At the same time, we should also see, Russia in the consolidation of constitutional system, improve the operating mechanism at the same time, Yeltsin is also looking for political successors. In a sense, the particularity of Russian politics in 1996, Yeltsin was elected president again, his political task is to choose the successor. Once the embodiment of the basic rules of the constitutional regime changes, will affect the new institutional arrangements.