Legislative process. Stages of the legislative process in the Russian Federation
The adoption of laws in Russia is carried out by the State Duma. They are approved by the Federation Council and signed by the president, and then made public. The established stages of the legislative process in the Russian Federation exclude the adoption of rash, erroneous regulations. This procedure allows to solve the issue of financial resources necessary for the implementation of projects, as well as to prevent contradictions in the legal system. Let us consider further the legislative process in the Russian Federation.
The concept of the legislative process includes several key elements. This procedure involves not only the direct adoption of regulations, but also a mandatory procedure for the formation of the document proposed for consideration. In addition, the legislative process in the Russian Federation is carried out by certain bodies and persons.So, to submit for consideration acts can: the president, members of the Federation Council and the Government, representative structures of regions of the country, deputies of the State Duma, the Supreme Arbitration, the Constitutional and Supreme Courts. All these subjects are endowed with legislative initiative.
Stages of the lawmaking process
The procedure for the adoption of standards involves:
- Project preparation.
- Consideration (discussion).
- The adoption of the act.
Consider these stages of the legislative process separately.
The adoption of any regulation begins with the preparation of its draft. This procedure involves the identification of social needs on the basis of a comprehensive study of social practices, proposals from government agencies, citizens, political parties and other associations, scientific data. Project preparation can be carried out by various institutions. As a rule, the legislative process is based on a sectoral basis. It lies in the fact that the preparation of the project is carried out by the body responsible for a specific area. In some cases, special commissions are formed. Project preparation can also be carried out on an alternative basis.
At this stage of the legislative process, the proposed project is reviewed by a representative body. The meeting opens the speaker. It is the representative of the entity that prepared and proposed the regulatory act. In general, the relevant committee makes its opinion. After this discussion begins, an assessment of the act by the deputies. They can make amendments to the draft. The discussion usually takes place in three readings.
Acceptance of the act
The legislative process involves an open vote at a meeting of the representative body. It can be held for the entire proposed project as a whole, or for its individual articles. The adoption of ordinary acts is made by the majority. Constitutional laws are approved if 2/3 of the total number of deputies voted. The Federation Council should consider the act adopted in the State Duma within two weeks. At the same time, the act approved by the deputies may be either rejected or approved. If the review in the Federation Council has not occurred, the law is considered adopted. Over the next two weeks, the act is approved and signed by the president. The head of the country, in turn, has the right to impose a veto.
The legislative process is considered completed after the full text of the act is published in the official gazette. Publication is considered a prerequisite for the entry into force of the document. Otherwise, one can neither demand its compliance, nor apply sanctions for violation of its provisions. Laws are published within 10 days.
The legislative process takes place in a certain order, approved at the official level. Consideration of projects is first carried out at the level of committees of Parliament. After this act is sent for discussion to the State Duma. During the first reading, only fundamentally important, most basic provisions of the document are subject to consideration. After the majority is passed, the amended bill is sent to the committee. This body is responsible for its preparation, revision, taking into account the comments and suggestions made. After this work, the act is sent to the State Duma for the second reading. In the course of it, a concrete, article-by-article discussion of the act together with the amendments takes place. After that, the document is again sent to the committee, which prepares it for the third reading.
The finished bill is sent back to the State Duma. In the framework of the third reading it is not allowed to make changes to the content of the act. At this stage, the law is either adopted or not. Sending a document to the invoice is carried out in five days.
Under the constitutional provisions, the Federation Council may not discuss some laws that are directed from the State Duma. This will mean automatic acceptance. However, the law establishes exceptions. The following acts are subject to mandatory review:
- Federal budget, fees, taxes.
- Customs, credit, currency, financial regulation, money issue.
- Denunciations and ratifications of international agreements of the Russian Federation.
- Protection and status of the state border, peace and war.
The Federal Law is considered approved in the Federation Council if more than 1/2 of the members voted for it, or if it has not been considered within 14 days. If the document is rejected, the chambers may form a conciliation commission to resolve the differences that have arisen. After that, the bill is again sent to the State Duma for discussion.
As stated above, the head of state for 14 days:
- Or sign and promulgate the law.
- Or veto (rejects act).
The ban acts as a means of maintaining balance. The veto is a deterrent that the executive applies to the representative. The essence of this mechanism is that the president, refusing to sign, does not allow the law to come into effect. Deviation may be:
- Absolute. In this case, the parliament loses the legal possibility of overcoming the veto and does not return to the consideration of the document.
- Relative. This failure can be overcome. If the law is rejected by the President, the Federation Council and the State Duma, in the manner established by the Constitution, begin a new review. If, during the second discussion, a normative act will be adopted by a majority of at least 2/3 of the total number of deputies and members of the Federation Council, the head of state is obliged to sign it within 7 days and make it public.
Legal action has the official publication of the text. Unpublished documents are not applicable. The publication is made on behalf of the state body or by the institution that issued or signed the act.