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Конституционное (государственное) право Российской Федерации. Порядок формирования Совета федерации РФ (самое важное)

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71. PROCEDURE FOR FORMING THE COUNCIL OF THE FEDERATION OF THE RUSSIAN FEDERATION

The Federation Council of the Federal Assembly of the Russian Federation includes 2 representatives from each constituent entity of the Russian Federation, so the total number of members of the Federation Council should be 178, but this number is not fixed by law.

The Federation Council of the Federal Assembly of the Russian Federation is formed according to the principle of parity representation of the constituent entities of the Russian Federation, according to which representation in the Federation Council is the right of every subject of the Russian Federation, none of which can be deprived of this right.

The Federation Council includes one representative each from the legislative (representative) and executive bodies of state power of a constituent entity of the Russian Federation.

A representative from the legislative (representative) body of state power of a constituent entity of the Russian Federation may be elected by the relevant body of state power of a constituent entity of the Russian Federation for the term of office of this body, and if the legislative (representative) body of state power of a constituent entity of the Russian Federation is bicameral, then elected in turn from each chamber for half the term of office of the relevant chamber.

The decision of the legislative (representative) body of state power of a constituent entity of the Russian Federation to elect a representative to the Federation Council is taken by secret ballot and formalized by a resolution of the relevant body. It takes effect immediately.

A representative of the executive body of state power of a subject of the Russian Federation is a person appointed by the highest official of a subject of the Russian Federation (head of the highest executive body of a subject of the Russian Federation) for the term of his powers.

The decision of the highest official of a constituent entity of the Russian Federation on the appointment of a representative from the executive body of state power of a constituent entity of the Russian Federation is formalized by a decree (decree) of the highest official of a constituent entity of the Russian Federation, which must be sent within 3 days to the legislative (representative) body of state power of a constituent entity of the Russian Federation.

The decree of the highest official of the subject of the Russian Federation on the appointment of a representative in the Federation Council from the executive body of state power of the subject of the Russian Federation enters into force after approval by the legislative (representative) body of state power of the relevant subject of the Russian Federation, if at its meeting on the consideration of this decree, it did not vote against its approval 2 /3 or more of the total number of deputies.

Member of the Federation Council may be elected (appointed) a citizen of the Russian Federation not younger than 30 years old, who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to state authorities, i.e. persons recognized as incompetent, engaged in any other activity, cannot be members of the Federation Council, except services in a government body serving a criminal sentence of imprisonment (Article 1 of the Federal Law of August 5, 2000 No. 113-FZ "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation").

The resolution of the legislative (representative) body of state power of a constituent entity of the Russian Federation on the election and the Decree of the highest official of the constituent entity of the Russian Federation (the head of the highest executive authority of the constituent entity of the Russian Federation) on the appointment of representatives of the constituent entity of the Russian Federation in the Federation Council are sent to the Federation Council by the bodies that adopted them no later than 5 days after entry into the Federation Council. the force of those decisions.

Author: Kakovkina Ye.N.

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