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The fourth stage of the legislative process - the adoption of the law.






The Council appoints the State Duma in a dedicated day of the week for third reading of the bill a vote for adoption into law. At the third reading of the bill is not permitted amendment and return to discuss it in general or on individual articles, chapters, sections. In exceptional cases, at the request of deputy unions representing a majority of the State Duma, the presiding officer is obliged to raise the question of returning to the second reading of the bill.

The federal law was adopted by the State Duma by a majority vote of the Deputies. Federal constitutional law is considered adopted if it is approved by not less than two-thirds of State Duma deputies.

Adopted by the State Duma of the Federal Act for five days passed before the Federation Council. In cases where the State Duma passed a federal law is not subject to mandatory review by the Federation Council, in accordance with the Constitution (Articles 106 and 108), and if within 14 days he has not been considered by the Federation Council, within five days of this federal law is directed State Duma of the Russian President for signature and promulgation.

 

Fifth stage - consideration and approval of federal laws by the Federation Council. Received from the State Duma of the Federal law in a period of not more than 48 hours sent, together with the accompanying documents, all the deputies of the Federation Council.

The Russian Constitution (Article 106) establishes a list of issues, laws which shall be subject to consideration by the Federation Council following their adoption by the State Duma. Among them are laws on the federal budget, federal taxes and fees, financial, currency. credit, customs regulation, money issue, ratify and denounce international treaties of the Russian Federation, war and peace.

The Rules of the Federation Council also stated that the mandatory review of the Council of the Federation shall be adopted by the State Duma of the Federal laws on matters within the Constitution of the Russian Federation to the joint jurisdiction of the Federal and regional.

According to Art. 108 of the Constitution of the Russian Federation to consideration by the Council of the Federation shall be as all federal constitutional laws.

Upon receipt of the Federal Council adopted the State Duma of the Federal Act, within two days he goes to the House Committee responsible for preparing an opinion on this law, which for three days decide on the sentence.

Conclusions of the Committee considered the Chairman of the Federation Council no later than six days of log entries from the State Duma of the law.

With regard to the State Duma adopted laws that are not subject to mandatory review by the Federation Council, the findings on which the committee proposes to approve the federal law and not make it to the House, Chairman of the Federation shall adopt one of the following decisions: to accept the decision of the committee and not to the State Duma adopted law to the Federation Council or reject the committee's decision and include in the agenda of the Federation Council law adopted by the State Duma.

Chairman of the Federation Council has no right to decide not to include in the agenda of the Federation Council consideration of federal constitutional law, as well as federal law if the law under the Constitution of the Russian Federation (Article 106) and the Rules of the Federation Council shall be subject to mandatory review by the Federation Council, if the President of the Russian Federation, The Russian government, or at least two members of the Federation Council, representing one of the Federation, insisted on reviewing the law of the Federation Council, or if the conclusion of the Committee recommended to consider a law passed by the State Duma.

Review of the State Duma adopted the law on the Federation Council meeting begins with the announcement of the conclusion of the committee of the Federation Council and the Federation Council of the draft resolution, introduced by the committee. Then, the Federation Council by a majority vote of the total number of deputies of the Chamber shall decide to approve or reject the law without debate or discuss it at the meeting of the Chamber.

Following discussion the Council of Federation shall adopt one of the following decisions: to approve or reject a law passed by the State Duma.

Resolution of the Council of Federation on approval of federal law by a majority vote of all deputies of the Federation Council, and the decision on the approval of federal constitutional law - not less than three-fourths vote of the Deputies.

According to the Constitution (Part 4 of Art. 105) federal law is also approved by the Federation Council, if within fourteen days, it was not considered by the Light of the Federation.

It should be borne in mind that according to the Decision of the Constitutional Court on the Interpretation of Part 4 of Article 105 and Article 106 of the Constitution of 23 March 1995, consideration of the Council of Federation of Federal law to be in accordance with Article 106 of the Constitution to consideration in this ward, must begin in accordance with Paragraph 4 of Art. 105 of the Constitution of the Russian Federation not later than 14 days after being sent to the Federation Council.

If the Federation Council within 14 days did not complete its review of the State Duma passed a federal law to be in accordance with Article 106 of the Constitution to consideration by the Council of Federation, the law is not considered approved and before it goes to the next meeting of the Federation Council before making a decision on its approval or rejection.

Federal law shall be deemed rejected if not for his approval votes required number of deputies of the Federation Council.

If you deviate adopted by the State Duma of the Federal Law Council of the Federation will decide either to reject the law as a whole, or reject it because of the unacceptability of certain of its provisions, sections, chapters, articles, and parts and points of law clauses.

Resolution of the Council of Federation of the rejection or approval of the State Duma adopted the law on its consideration within a period not exceeding five days to the State Duma. If adopted by the Federation Council decision to approve the State Duma adopted the law of the text together with the Council to the President of the Russian Federation for signing and promulgation.

Special stage of the legislative process is to overcome the differences that emerged between the Federation Council and State Duma in connection with the dismissal by the Council of Federation State Duma adopted the law.

In the event that federal law is rejected by the Federation Council, it is passed by the Council of State Duma committee in charge of the State Duma, which considers the objections of the Federation Council, gives opinions on them and makes suggestions for overcoming disagreements in the House.

To overcome disagreements on the federal law passed by the State Duma and rejected by the Federation Council, may form a conciliation commission. It is created on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, which was supported by the Federation Council. Regulations of the State Duma provides for taking initiative in establishing such a committee as part of the President and the subject of legislative initiative.

Members of the Conciliation Commission to the Council of the Federation are elected by the Federation Council and form a deputation from the Federation Council in conciliation commission. Elected shall be those members of the Federation Council, which received the most votes of all the proposed candidates at a meeting of the House, but not less than half of the deputies present at the meeting.

The decision on electing the State Duma of the Conciliation Commission adopted at a meeting of the House by a majority vote of the elected deputies of the Duma.

The conciliation commission shall consider every objection of the Federation Council in isolation, trying to develop a unified text of the relevant federal law. Decisions of the commission adopted a split vote of the committee members from each chamber. The Commission decided by open voting. The decision is adopted if the majority voted for the committee members from each chamber.

The result of the conciliation commission shall report containing proposals to overcome their differences. The protocol is submitted to the State Duma Council, which includes federal law to address issues in the calendar for reconsideration of the law of the State Duma.

At re-examination of federal law by the State Duma discusses only those proposals contained in the report of the conciliation commission. No amendments outside the scope of these proposals, the State Duma are not considered.

If you reject at least one sentence of the conciliation commission The State Duma may offer to continue her work with the amendments approved by the Chamber to present new proposals to the Commission within 10 days. The Federation Council may decide to extend the conciliation commission or to refuse to participate in the conciliation commission. The State Duma shall decide on each proposal separately conciliation commission majority vote of the Deputies Chamber. Federal law as amended, taking into account the proposals of the conciliation commission, which were approved by the State Duma, sent to the Federation Council.

If during the second federal law, rejected by the Federation Council, State Duma did not accept the proposals of the conciliation commission, and expressed his disagreement with the decision of the Federation Council to reject the law, it shall be voted on in the previously adopted version. In this case, federal law is considered adopted if it receives no less than two-thirds of State Duma deputies.

Adopted in this order federal law within five days to the President of the Russian Federation for signing and promulgation. The State Duma shall advise the President of the Federation Council on the direction of the President of the Russian Federation.

 

The final stage of the legislative process is the signing and promulgation of the law. In accordance with the Constitution (Article 107) The President of Russia, which seeks a federal law within 14 days sign and promulgate it.

The order of publication and entry into force of federal laws set by federal law of 25 May 1994 " On the Procedure for Publication and entry into force of the federal constitutional laws, federal laws, acts of the Federal Assembly."

In accordance with the federal law on the territory of the Russian Federation shall apply only to those federal laws that are publicly known. The date of a federal law can be considered the date of adoption to the State Duma in the final version. The date of the adoption of federal constitutional law shall be the day when it is approved by the Federal Assembly chambers.

Federal laws shall be officially published within 7 days after they are signed by the President of the Russian Federation. Official publication of the federal law is the first publication of its full text in the " Russian newspaper" or " Assembly of RF legislation." The federal laws are sent to the official publication of the Russian President.

Federal laws come into force simultaneously on the entire territory of Russia after 10 days after their official publication, unless the laws themselves establish a different order of entry into force.

Considered the stage of the legislative process is completed when the Russian President signed the law. However, if the President within 14 days of receipt of the law rejects it, the State Duma and Federation Council again considered this law.

Federal law, rejecting the President of the Russian Federation, is directed by the Board of the State Duma on the conclusion of the responsible committee of the State Duma, or a specially created commission Chambers of it within 10 days.

Following consideration of the recommendation adopted by federal law to approve the wording proposed by the Russian President, to accept the proposal of the President of the inadvisability of a federal law or federal law to approve the previously adopted version.

Reconsideration of the law begins with a presentation of the Plenipotentiary Representative of RF President in the Federal Assembly, and then presents the conclusion of the committee or commission. President's proposal was not appropriate for its rejection of a federal law can be put to a vote. The decision is considered adopted if it receives majority of the total number of deputies of the Duma.

If the Chamber decides on debate, and involves only the representatives of factions and deputy groups. Following the discussion, first put to the vote the motion to approve the federal law in the version proposed by the President of the Russian Federation. The decision is considered adopted if it receives majority of the total number of deputies of the Duma.

If the first offer is not accepted by the House vote to approve the question of federal law in the earlier adopted wording by the State Duma. The solution in this case taken by a majority of two thirds of the total number of deputies of the Duma. In the case of this decision, the law on the same day sent to the Federation Council.

If not accepted by any one of the earlier decisions, the House vote on the specific sections, chapters, articles, their parts and items in the version proposed by the President of the Russian Federation. Each case is considered adopted if it receives the majority vote of all deputies of the Duma.

After approval by the State Duma of individual proposals of the President of the Russian Federation Federal Law text incorporating the proposals approved by the State Duma of the President submitted for approval by the State Duma as a whole.

Federal law shall be considered approved, taking into account the proposals of the President of the Russian Federation, if by a majority of the deputies of the Duma. In this case, the law within five days passed before the Federation Council.

If during the second law of the State Duma rejected by the President, he adopted the new version of the procedure for its consideration in the Federation Council is similar to the order of consideration of the newly adopted by the State Duma of the law.

If during the second law, rejecting the President, approved by the State Duma in the previously adopted version, the law is sent to the committee, which previously gave to his opinion, as well as deputies of the Federation Council.

Committee within three days considering the message of the President and made the observations, as well as the text of federal law, approved by the State Duma for reconsideration of the previously adopted version, and decide on the sentence.

At re-examination of the law the Council of Federation can not open a discussion and a vote on the endorsement of the earlier adopted wording of the law, rejected by the President and State Duma approved in the earlier adopted wording, open debate on the conclusion of the Committee, under the law is rejected by the President and approved by the State Duma during the second consideration of the previously adopted version. Following the discussion on the issue voted to approve the previously adopted version of the law, rejected by the President and approved in the same edition of the State Duma.

At re-examination by the Federation Council law be considered approved if the decision was taken by a majority of at least two-thirds vote of the Deputies.

Federal law, submitted by the State Duma together with the text of the Federation Council decision on the approval of the law to the President of the Russian Federation for signing in seven days and the public.

Characterized by certain specific adoption of federal constitutional law. According to the Constitution (Art. 108) the federal constitutional law is considered adopted if it is approved by not less than three-fourths vote of all members of the Federation Council and at least two-thirds vote of the State Duma. The adopted federal constitutional law within 14 days shall be signed by the President and made public. Thus, in contrast to the usual federal laws on federal constitutional law to suspensive veto of the President of the Russian Federation does not apply.

 

Список использованной литературы:

 

1. Constitution RF

 

2. The Rules of the State Duma

 

 

Vocabulary:

 

the legislative process – законодательный процесс

 

Federal Assembly – Федеральное Собрание

 

the right of legislative initiative – Право законодательной инициативы

 

jurisdiction – юрисдикция

 

the Rules of the State Duma – Регламент Государственной Думы

 

public associations – общественные объединения

 

preliminary – предварительное

 

the consideration – рассмотрение

 

amendments – поправки

 

adoption – принятие

 

the Constitutional Court – Конституционный Суд

 

a conciliation commission – согласительная комиссия

 

 






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