Конституционное (государственное) право Российской Федерации. Контрольные полномочия Федерального собрания РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Контрольные полномочия Федерального собрания РФ (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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79. CONTROL POWERS OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION

Federal Assembly of the Russian Federation entitled to exercise control powers in relation to the President of the Russian Federation and the Government of the Russian Federation. The Federal Assembly exercises these powers in the form of:

1) the established procedure for removing the President of the Russian Federation from office;

2) exercising control powers over the execution of the budget of the Russian Federation;

3) announcing a “vote of no confidence” to the Government of the Russian Federation.

The dismissal of the President of the Russian Federation from office is possible only on the basis of an accusation of high treason or other grave crime brought forward by the State Duma of the Russian Federation, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.

The decision of the State Duma to bring charges and the decision of the Federation Council to dismiss the President of the Russian Federation from office must be adopted by at least 2/3 of the total number of votes in each of the chambers on the initiative of at least 1/3 of the deputies of the State Duma and subject to the conclusion of a special commission, formed by the State Duma.

After an accusation is made against the President of the Russian Federation by the State Duma, the Federation Council must decide on the removal of the President of the Russian Federation within 3 months, if within this period the decision to remove the President of the Russian Federation from office is not made, then the accusation against the Head of State is considered dismissed.

If a decision is made in accordance with the established procedure to remove the President of the Russian Federation from office, early presidential elections are scheduled no later than 3 months of removal.

In the area budget control lower house of the Federal Assembly of the Russian Federation:

1) considers the federal budget submitted by the Government of the Russian Federation and the report on its execution;

2) hears reports on the progress of execution of the federal budget.

"Vote of no confidence" in the Government of the Russian Federation - Fundamental disagreement of the State Duma with government policy in general or on some very important issue, as a result of which their further interaction is impossible.

The decision of the State Duma of no confidence in the Government of the Russian Federation is considered adopted if the majority of votes of the total number of deputies of the State Duma of the Russian Federation, i.e. at least 226 votes, voted for this decision.

A vote of no confidence in the Government of the Russian Federation entails the obligation of the President of the Russian Federation to agree with the opinion of the Federal Assembly and dismiss the Chairman of the Government of the Russian Federation (and hence the entire composition of the Government, since all members are obliged to resign if the Chairman leaves) or disagree and dissolve the State Duma with the appointment of early elections.

Moreover, if the President of the Russian Federation did not agree with the State Duma on the issue of no confidence in the Government, then the President should propose to the State Duma to reconsider the issue of confidence in the Government. If the State Duma within 3 months repeatedly expresses no confidence in the Government, then only in this case the President of the Russian Federation has the right to dissolve the State Duma if he still does not agree with the opinion of the deputies.

If the President of the Russian Federation agreed with the opinion of the State Duma, he must nominate a new Chairman of the Government of the Russian Federation.

Author: Kakovkina Ye.N.

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