Constitutional law of the Russian Federation. The principle of democracy in the Russian Federation. Representative bodies of state power. The right of legislative initiative in the Russian Federation and constituent entities of the Russian Federation (the most important)

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Constitutional law of the Russian Federation. The principle of democracy in the Russian Federation. Representative bodies of state power. The right of legislative initiative in the Russian Federation and constituent entities of the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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15. THE PRINCIPLE OF DEMOCRACY IN THE RUSSIAN FEDERATION. REPRESENTATIVE BODIES OF STATE POWER. THE RIGHT OF LEGISLATIVE INITIATIVE IN THE RUSSIAN FEDERATION AND THE SUBJECTS OF THE RUSSIAN FEDERATION

As noted in Art. 3 of the Constitution of the Russian Federation, the multinational people of Russia, who are the only source of power in Russia, exercise their power both directly (through referendums and free elections) and through representation in government bodies and local self-government.

According to the traditional point of view, representative bodies of state power are those elected bodies that are engaged in lawmaking, i.e., the Federal Assembly of the Russian Federation and the legislative (representative) bodies of state power of the constituent entities of the Russian Federation.

Sometimes, in addition to those indicated, all other elected bodies (that is, also the President of the Russian Federation and the highest official (head of the highest executive body of state power) of a constituent entity of the Russian Federation) are referred to as representative bodies of state power.

Representative bodies are also necessarily formed in the system of local self-government bodies.

The right of legislative initiative at the federal level have the President of the Russian Federation, the Federation Council as a whole, members of the Federation Council separately, deputies of the State Duma, the Government of the Russian Federation, legislative (representative) bodies of state power of the subjects of the Russian Federation, as well as the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on matters within their jurisdiction .

Bills on the introduction (cancellation) of taxes, exemption from their payment, on the issuance of state loans, on changing the financial obligations of the state, other bills providing for expenses covered from the federal budget, can only be introduced if there is a conclusion of the Government of the Russian Federation (part 3 of Art. 104 of the Constitution of the Russian Federation).

The right of legislative initiative at the level of the subject of the Russian Federation without fail belongs to the deputies of the legislative (representative) body of state power of a subject of the Russian Federation, the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation), representative bodies of local self-government formed on the territory of this subject of the Russian Federation. The range of subjects of legislative initiative at the level of a constituent entity of the Russian Federation can be expanded by the constitution (charter) of a constituent entity of the Russian Federation (Article 6 of the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation"). This right is often granted to judicial bodies (in particular, the constitutional (charter) court of a constituent entity of the Russian Federation), some other bodies and officials (in particular, the Commissioner for Human Rights of a constituent entity of the Russian Federation).

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