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Конституционное (государственное) право Российской Федерации. Право законодательной инициативы в РФ и субъектах РФ (самое важное)

Lecture notes, cheat sheets

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76. RIGHT OF LEGISLATIVE INITIATIVE IN THE RF AND THE SUBJECTS OF THE RUSSIAN FEDERATION

Right of legislative initiative - this is the right of the subjects defined by the Constitution of the Russian Federation (the basic laws of the constituent entities of the Russian Federation) to submit their draft laws and legislative proposals for consideration by the State Duma of the Russian Federation (the legislative body of the constituent entities of the Russian Federation) in accordance with the procedure established by law.

Bill - this is a properly executed text (in the form of a finished document containing articles, chapters, etc.) of a possible future law.

A properly drafted bill must have the following:

1) an explanatory note to the bill, which indicates the subject of legislative regulation and sets out the concepts of the proposed bill;

2) the text of the bill indicating on the title page the subject of the law of legislative initiative who introduced the bill;

3) a list of acts of federal legislation that are subject to repeal, suspension, amendment, addition or adoption in connection with the adoption of this law;

4) financial and economic justification (all bills submitted to the State Duma of the Russian Federation must first be approved by the Government of the Russian Federation on the issue of the economic justification of the bill);

5) the conclusion of the Government of the Russian Federation in cases where bills of a financial nature are introduced (on the introduction or abolition of taxes, on exemption from their payment, on the issuance of government loans, on changes in the financial obligations of the state) or bills providing for budgetary expenditures.

Requirements for bills submitted for consideration by the legislative body of the subjects of the Russian Federation are established by the laws of the respective subjects of the Russian Federation.

bill proposal is an unfinished idea, a concept of a future law, which can be embodied in a bill already in the legislature itself, if it agrees with the bill proposal.

The same subjects of legislative initiative have the right to submit a law proposal as the right to submit bills for consideration by the State Duma.

Legislative initiative is the first stage of the legislative process in the Russian Federation. All bills and law proposals submitted by the eligible subjects as a legislative initiative must be considered at meetings of the State Duma of the Federal Assembly of the Russian Federation.

Subjectshaving the right legislative initiative to the Federal Assembly of the Russian Federation:

1) President of the Russian Federation;

2) the Federation Council and its members;

3) deputies of the State Duma of the Russian Federation;

4) the Government of the Russian Federation;

5) legislative (representative) bodies of the constituent entities of the Russian Federation;

6) the Constitutional Court of the Russian Federation;

7) the Supreme Court of the Russian Federation;

8) The Supreme Arbitration Court of the Russian Federation.

The list of entities that have the right to initiate legislation in the legislative bodies of the subjects of the Russian Federation is established by the constitutions (charters) of the respective subjects of the Russian Federation.

The subjects of the legislative initiative in the State Duma of the Russian Federation have the right to submit draft laws and legislative proposals on any issue related to the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and its subjects. The exception is the highest judicial bodies of the Russian Federation, which can introduce bills and legislative proposals only on issues within their jurisdiction.

Author: Kakovkina Ye.N.

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