State and municipal administration. Structure and organization of activities of the Federation Council of the Federal Assembly of the Russian Federation (the most important)

Lecture notes, cheat sheets
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State and municipal administration. Structure and organization of activities of the Federation Council of the Federal Assembly of the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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18. Structure and organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation

The Constitution of the Russian Federation contains only starting points concerning the composition and procedure for the formation of the Federation Council. All subjects of the Russian Federation are represented in the upper house on an equal footing - two representatives each, one from the representative and the other from the executive body of state power of the subject of the Russian Federation. At present, the Federation Council is being formed in accordance with Federal Law No. 5-FZ of August 2000, 113 "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation."

The following issues fall within the competence of the Federation Council:.

1. The possibility of changing the borders between the subjects of the Russian Federation is provided for in Part 3 of Art. 67 of the Constitution of the Russian Federation, according to which such a change requires their mutual consent.

However, the commented paragraph determines that, in addition to this mutual consent, the consent of the Federation Council is also required.

2. The possibility of introducing martial law by the President of the Russian Federation is provided for by Part 2 of Art. 87 of the Constitution of the Russian Federation.

The specified article of the Constitution of the Russian Federation obliges the President of the Russian Federation to immediately inform the chambers of the Federal Assembly of the Russian Federation about the introduction of martial law on the territory of the Russian Federation or in its individual areas.

3. The question of using the Armed Forces of the Russian Federation outside its territory may arise in various situations. It may arise in connection with the reflection of aggression against the Russian Federation, with the fulfillment of international treaty obligations, in particular in connection with the fulfillment of peacekeeping tasks.

To make decisions on the use of the Armed Forces outside of Russia in cases where it is directly prescribed by existing international treaties, the consent of the Federation Council is not required.

4. The Federation Council must adopt a resolution on calling the election of the President of the Russian Federation in one of two cases: when the term of office of the President of the Russian Federation expires or when the office of the President of the Russian Federation is vacated ahead of schedule.

5. The conditions and procedure for the removal of the President of the Russian Federation from office are regulated in Art. 93 of the Constitution of the Russian Federation.

6. Appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation is carried out by the Federation Council on the proposal of the President of the Russian Federation (clause "e" of Article 83 of the Constitution of the Russian Federation).

7. The powers of the Federation Council to appoint the Prosecutor General of the Russian Federation are similar to those stated above. However, there is a difference, which consists in the fact that, according to the Constitution of the Russian Federation itself, the Federation Council not only appoints, but also dismisses the Prosecutor General of the Russian Federation from office on the proposal of the President of the Russian Federation.

9. The Federation Council, on a parity basis, participates together with the State Duma in the formation of the Accounts Chamber of the Russian Federation (in accordance with Part 5 of Article 101 of the Constitution of the Russian Federation), appointing the Deputy Chairman of the Chamber and six of its twelve auditors.

Author: Konstantin Sibikeev

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