LawState and Law

Parliamentary control in the Russian Federation

The Federal Law "On Parliamentary Control" regulates public relations concerning the implementation by the Chambers of the Federal Assembly, their committees, as well as members of the Federation Council, State Duma deputies, the commission to investigate the circumstances and facts that became the basis for the audit, the Accounting Chamber of supervisory activities, Constitutional, acts and regulations. Let us consider some of the provisions of the document.

Objectives

Parliamentary control in the Russian Federation is aimed at:

  1. Ensuring compliance with the provisions of the Constitution and other regulatory documents.
  2. Protection of guaranteed freedoms and human and citizen rights.
  3. Strengthening the rule of law.
  4. Identification of topical problems in the work of state structures, increasing the effectiveness of public administration and attracting the attention of relevant institutions and officials to the identified shortcomings for their elimination.
  5. Study of the practice of the application of regulations, the development of recommendations aimed at improving the legal system and increasing the efficiency of its functioning.
  6. Anti-corruption.

Key principles

The Law "On Parliamentary Control" defines a number of basic provisions on which the entire supervisory system is based. In particular, the following principles are outlined:

  1. Respect for the freedoms and human rights of citizens and citizens.
  2. Legality.
  3. Systematic.
  4. Separation of power.
  5. Publicity.
  6. Independence and independence of authorized institutions.

Information on supervisory activities is available and open to the media and the public. It can also be distributed via the Internet. FS provides accessibility of information, except for data, the openness of which is limited by regulatory enactments. The concept of parliamentary control must be distinguished from investigations, judicial proceedings, operational search activities, and the work of state and municipal structures. Intervention of authorized subjects in specified types of activity is not supposed.

Parliamentary control bodies

Subjects authorized to carry out the type of supervisory activity in question are:

  1. Chambers of the FS. They are the State Duma and the Federation Council.
  2. Commissions and committees of the Chambers of the FS.
  3. Deputies of the State Duma, members of the Federation Council.
  4. The Parliamentary Commission, authorized to investigate the circumstances and facts that became the basis for the verification.

Parliamentary control in the Russian Federation is authorized to carry out also the Accounting Chamber (JV). She, acting as the highest institution of state audit, is accountable to the FS. The procedure for its participation in supervisory activities is regulated by Federal Law No. 41 and Federal Law No. 52.

Forms of exercising authority

Parliamentary control of the executive power is carried out by:

  1. Consideration by the State Duma of the issue concerning trust to the Government.
  2. Hearings at meetings of information of officials of executive structures, other state bodies, off-budget funds, deputies of the State Duma. The said subjects also submit reports to the authorized commissions and committees.
  3. Hearing information on emergency matters from the Chairman of the Government, his deputies, the heads of the Central Bank and the Central Election Commission.
  4. Invitation of members of the Higher Executive Institute and other officials to the meetings of commissions and committees of the Chambers of the FS.
  5. Listening to the annual final reports of the Government on the results of its work, answers to questions posed by the State Duma.

Supervision in the budgetary sphere

Parliamentary financial control assumes:

  1. Holding chambers of the Federal Assembly, their committees, joint ventures to carry out preliminary, current and subsequent inspections in the field of budgetary relations.
  2. Consideration by the State Duma of the annual final reports of the Central Bank, the adoption of decisions on them.
  3. Listening to the reports of the Central Bank on the work of the regulator. It is implemented in the process of submitting the final report and key areas of the single monetary policy.
  4. Execution of other forms of parliamentary control in relation to the Central Bank in accordance with Federal Law No. 86.
  5. Appointment and removal from the Chairman of the JV, his deputy and auditors.
  6. Interaction between the State Duma and the Federation Council with the Accounts Chamber in the forms and in cases established by regulatory enactment No. 41.

Other forms of activity

Parliamentary control in the Russian Federation also provides:

  1. Hearing of the SF annual final reports of the Prosecutor General on the state of law and order in the country.
  2. Interaction of the State Duma with the Commissioner for Human Rights.
  3. Directing representatives from the Chambers of the FS to the structures created in accordance with the current regulatory enactments, as well as the recall of these persons.
  4. Organization of parliamentary investigations and hearings.

Supervision of the issuance of normative acts

Parliamentary control is established over the process of adopting draft legal documents, the development and approval of which is regulated by federal legislation. The Chambers of the Federal Assembly oversee the observance by the Government and other state structures of the time limits for the adoption of acts, the completeness of the regulation of emerging legal relationships to identify gaps. Parliamentary control of this nature is carried out in accordance with the procedure established in the regulations of the Federation Council and the State Duma. Not later than one month after the end of the quarter, the Government sends to the Chambers of the Federal Assembly information about the development process and the expected timing of the adoption of the acts.

Hearing of answers to questions of deputies of the State Duma and members of the Federation Council

While exercising parliamentary control, representatives of the Chambers of the Federal Assembly have the right to invite government officials and other state structures to meetings. In the course of their holding time is given for hearing the answers to the questions of deputies of the State Duma and the members of the Federation Council. Within the framework of such a "government hour", an auditor from the Court of Accounts may be invited in conjunction with representatives of the Government and other officials, who directs the relevant direction of its activities. In addition, other issues can be discussed. For example, they may relate to the effectiveness of using budget funds in specific areas, the achievement of target program indicators. The committees and committees of the Chambers, by exercising parliamentary control, may invite ministers and their authorized employees to their meetings.

Inquiry

It is sent by the Chambers of the Federal Assembly to the Chairman and members of the Government, the Prosecutor General, the heads of the Central Bank and other state, regional or municipal structures and extra-budgetary funds on matters within the competence of these institutions. The official who received the request must respond to it verbally at a meeting of the chamber. In agreement with the Parliament, it may be sent in writing within fifteen days from the receipt of the matter or in another period established by the FS. When recognizing the answer as unsatisfactory, the State Duma or the Federation Council has the right to send a second request.

Investigation

It deals with circumstances and facts that have negative consequences for the state and society. Parliamentary control in this form can be carried out by creating a commission on a parity basis. The investigation is carried out in accordance with the procedure stipulated by the normative act No. 196 adopted on December 27, 2005.

Supervision of the activities of representatives of the Chambers of the FS

In organizations formed by the Russian Federation in accordance with regulatory acts, supervisory boards are formed. Their members who act as representatives of the State Duma and the Federation Council are required to submit an annual report on their work at the meetings of the relevant committees with the appropriate chamber. The regulations may provide for a different procedure for the submission of reports.

Preliminary budgetary supervision

Within the framework of the parliamentary control of the Chamber:

  1. Discuss projects of key directions of the state budget and tax policy.
  2. Consider program plans and proposals for making changes to them.
  3. They participate in the discussion of draft normative acts on the federal budget, on expenditure-income items of off-budget funds for the forthcoming and planned year, and consider and approve them.

State structures responsible for the development and implementation of state programs, together with the submission of relevant plans to the Government, send them to the State Duma. In the lower house projects are considered by profile committees, including taxes and budget. The Ministry of Finance, together with the introduction of a plan on the main areas of the state's financial and tax policy, is submitted to the State Duma for discussion by the Government. In the lower house, consideration of these projects is carried out by the Committee on Mandatory Deductions and Budget. The State Duma not later than one day (working) after receiving the relevant projects addresses them in the Federation Council.

If necessary, parliamentary hearings can be held on the submitted plans. They involve the committees of the Federation Council and the Chamber of Accounts. Conclusions drawn up by the profile committees, including those on taxes and budget, financial markets, federal structure, local self-government, regional policy and the affairs of the North, recommendations drawn up at meetings are sent to the Government.

Current work

Within the framework of such control, certain issues relating to the execution of the state budget, expenditure-income items of off-budget funds are considered. Discussion is carried out at the meetings of commissions and committees of the Chambers of the Federal Assembly during the hearings. Discussion is subject to the questions raised in the requests sent in accordance with regulatory enactment No. 3.

Follow-up supervision

Parliamentary control in this form involves discussion and adoption of reports on the execution of the state budget, income-expenditure items of extra-budgetary funds in accordance with the BC. During the consideration of the annual final report at the meeting, the head of the Ministry of Finance. The report on the execution of the budget and income-expenditure items of extra-budgetary funds is also submitted by the Chairman of the JV. Following the discussion of the reports and the resulting final documents, the State Duma rejects or adopts the normative act.

Conclusion

As follows from Federal Law No. 52 "On parliamentary control," this activity includes various activities. They can be implemented in different forms and are provided for by regulatory enactments and regulations. Many of the identified activities are carried out with the involvement of representatives of other government agencies. In particular, officials of the Accounts Chamber, the Prosecutor General can be invited to the meeting. A large amount of work is performed by the relevant committees and commissions of the Chambers of the FS. Particular attention during parliamentary control is paid to the implementation of the budget, the activities of representative structures that adopt normative acts. Parliamentary control is considered a specific area of oversight. Its main goal is to ensure compliance with the provisions of the Constitution and other regulatory documents.

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