RUSSIAN FEDERATION

Gossoudarstvennaya Duma


Parliamentary Oversight
Contents:

Political system
 
Type of political regime:   semi-presidential
The President is the Head of State and the guarantor of the Constitution and the rights and freedoms of citizens and individuals (Article 80 of the Constitution). The President adopts measures to protect the sovereignty of the federation, its independence and state integrity and measures to ensure the coordinated functioning and interaction of all bodies of state power. The Federal Assembly of the Russian Federation consists of two chambers, the Council of the Federation and the State Duma.
Head of the executive:    President of the Federation
The President determines the guidelines for internal and foreign policies and represents the federation within the country and in international relations. Executive power is exercised by the Government consisting of the chairman, deputy chairman and federal ministries (Article 110 of the Constitution).
Method for appointing the executive
The President is elected directly by the citizens by universal and equal suffrage (Article 81 of the Constitution). The same person may not be elected President for more than two consecutive terms. The Chairman of the Government is appointed by the President with the consent of the State Duma (Article 111 of the Constitution). The proposal for the candidate for this post is submitted no later than two weeks after a newly elected President takes office or after the resignation of the Government or one week after the house rejects the candidate. The house considers the candidate nominated by the President for the post of the Chairman of the Government during the week after the nomination has been submitted.
Term of office of the executive and coincidence with the term of the legislature   4 years
The President is elected for four years as are the members of both chambers of the parliament.
Incompatibility of the functions of member of the executive and member of Parliament:   Yes
A deputy of the State Duma may not be a deputy of other representative bodies of state authority or local self-government (Article 97.2 of the Constitution).
Dissolution of Parliament:    Yes
  • Circumstances
He or she may also dissolve the State Duma if it passes a vote of no confidence in the Government and, the President having chosen to reject this decision, the house again expresses no confidence in the government within the next three months.
  • Modalities
If the house is dissolved, the President sets an election date so that a newly elected Duma shall meet no later than four months since the moment of dissolution. The house may not be dissolved on the grounds of a rejected motion of no confidence in the Government for one year after it was elected. Neither shall the house be dissolved from the moment it advances charges against the President up until the Council of the Federation adopts a decision on the issue.

 
Accountability of Government to Parliament^ TOP ^   
 
Accountability of Government to Parliament:   Yes
Government accountability to the parliament is collective.
Modalities of oversight
  • Oral and written questions of parliamentarians
Members of the Government are invited to the sittings of both houses of the parliament for answering questions from parliamentarians. The presence of ministers is obligatory.
  • Government reports to Parliament
The President addresses the Federal Assembly with an annual message on the situation in the country and on the direction of the internal and foreign policy of the State (Article 84.f of the Constitution).
Measures
  • Vote of confidence on Government programs and/or legislative proposals
The Chairman of the Government may raise before the house the issue of confidence (Article 117.4 of the Constitution). If the house rejects the confidence motion, the President adopts within seven days a decision on the resignation of the Government or dissolves the house and announces new elections. If the Government resigns, it continues to work on the instruction of the President until a new Government is formed.

 
Oversight over the actions of the Government administration^ TOP ^   
 
Oversight of actions of the Government administration by Parliament:   Yes
The parliament exercises oversight over the actions of the federal Government.
Means and modalities of oversight
  • Hearings in Committees
Both chambers of the parliament may set up committees and commissions, and hold parliamentary hearings on issues within their authority (Article 101.3 of the Constitution).
  • Committees of inquiry and missions to Government departments
Not available
  • Oral and written questions of parliamentarians
Parliamentarians can put oral and written questions to the Government, for which they have to send a parliamentary request. The deadline for governmental replies is 15 days from the day of receipt of a question.
  • Role of Parliament in the appointment of senior Government officials
The President presents to the State Duma (i) a candidate for appointment to the post of the Chairman of the Central Bank, and (ii) candidates for appointment as judges of the Constitutional Court, the Supreme Court, the Higher Court of Arbitration, as well as a candidate for the post of Procurator General (Article 83 of the Constitution). After consultations with corresponding committees and commissions of both houses, the President appoints diplomatic representatives of the federation in foreign states and international organizations.
  • Activity reports of the Government administration and of public services or establishments
The parliament exercises oversight over the actions of the Government through activity reports that certain public institutions are required to submit every year.
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman:   Yes
  • Mode for appointing an ombudsman
The jurisdiction of the State Duma includes the appointment and dismissal of the Commissioner for Human Rights (Article103.i of the Constitution).
  • Relationship to Parliament
The Commissioner for Human Rights considers complaints received from citizens of the federation, foreign citizen-residents and persons without citizenship.

 
Budgetary oversight^ TOP ^   
 
Consultation of Parliament in the preparation of the national budget:    No
The Government formulates and submits to the State Duma the federal budget (Article 114.a of the Constitution).
Modalities of oversight
  • Examination of the budget / finance act by Parliament
Federal laws are adopted by the State Duma (Article 105 of the Constitution). The federal laws adopted by the house on the federal budget are liable to obligatory consideration by the Council of the Federation (Article 106.a of the Constitution).
  • Reports on the budget / finance act by Committees
Not available
Fields overseen
  • Defence budget
Not available
  • Budget of special departments
Not available
  • Role of Parliament in national development plans
Not available
Parliament's deadline for the examination and adoption of the budget / finance act
Not available
Consequences of failure by Parliament to adopt the budget / finance act
Not available
Budgetary autonomy of Parliament:   Yes
The State Duma has its own budget, which is based on the balance of expenses of the house.

 
Oversight of the implementation of the budget and of Government spending^ TOP ^   
 
Evaluation of Government spending
  • Government reports to Parliament about public spending periodically:   Yes
The Government ensures the implementation of the budget and submits to the State Duma an annual report on the implementation of the budget (Aricle114.a of the Constitution).
  • The Government also submits to the State Duma quarterly reports on the execution of the federal budget (Article 114.a of the Constitution).
Parliamentary oversight of public companies:   No
Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
For controlling the implementation of the federal budget, both chambers of the parliament create the Accounting Chamber, the composition and rules of procedure of which are fixed by the law (Article 101.5 of the Constitution). The house appoints and may dismiss the chairman and half of the auditors of the chamber.
  • Reports of the public auditor's office
The annual report of the Accounting Chamber is submitted to both chambers of the parliament.

 
Oversight over foreign policy^ TOP ^   
 
Modalities of oversight
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
Not available
  • Plenary debates on foreign policy issues
Not available
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
Not available
  • Other mechanisms for participation in foreign policy by Parliament
Not available

 
Oversight over national defence policy^ TOP ^   
 
Modalities of oversight
  • Parliamentary oversight of public arms manufacturing companies
Not available
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
The President may introduce martial law on the territory or in certain parts thereof and immediately informs both chambers of the parliament about it. Federal laws adopted by the State Duma on issues of peace and war are liable to obligatory consideration by the Council of the Federation (Article 106.j of the Constitution).
  • Role of Parliament in sending troops abroad
The jurisdiction of the Council of the Federation includes the decision on the possibility of using the armed forces outside the territory of the federation (Article 102.d of the Constitution).
  • Other mechanisms for participation in national defence policy by Parliament
Not available

 
State of emergency^ TOP ^   
 
Circumstances
The President is the supreme commander-in-chief of the armed forces (Aricle 87 of the Constitution). In case of an act of aggression or direct threat of aggression, he or she may introduce martial law on the territory of the federation or in certain parts thereof and immediately informs both houses of the parliament. The President may also, in certain circumstances, introduce a state of emergency on the territory of the federation or in certain parts thereof and immediately informs both chambers of the parliament about it. The jurisdiction of the Council of the Federation includes the approval of the decree of the President on the introduction of martial law, and the approval of the decree of the President on the introduction of a state of emergency (Article 102 of the Constitution).
Can parliament take the initiative to declare a state of emergency:   No
 
Consequences of a state of emergency for Parliament
The State Duma may not be dissolved while a state of emergency or a martial law operates on the whole territory of the federation, as well as within six months before the term of office of the President expires.

 
Verification of the constitutionality and the application of laws^ TOP ^   
 
Modalities of oversight
  • Body ruling on the constitutionality of laws:    A specialised body / constitutional Court
The 19 judges of the Constitutional Court are appointed by the Council of the Federation upon the proposals of the President (Article 128 of the Constitution).
  • Means and procedures
The Constitutional Court, upon requests from the President, each chamber of the parliament, one fifth of the members of a chamber, the Government, the Supreme Court or Higher Arbitration Court, or other bodies of legislative or executive power in the federation, considers cases on the conformity to the Constitution of (i) federal laws or normative acts, (ii) the constitutions and other normative acts of the republics, (iii) the treaties concluded between the bodies of state authority, and (iv) international treaties and agreements that have not come into force (Article 125.2 of the Constitution).

The Court also resolves disputes on juridicial matters between (i) the federal bodies of state authority, (ii) the state authority of the federation and of the subjects of the federation, and (iii) the higher bodies of state authority of the subjects of the federation. Upon complaints about violations of constitutional rights and freedoms of citizens and upon court requests, the Court checks the constitutionality of a law applied or subject to be applied in a concrete case. Upon the requests of the President, the parliament, the Government or other bodies of legislative power, it gives its interpretation of the Constitution. Acts or certain provisions thereof that are recognized as unconstitutional become invalid. International treaties and agreements not corresponding to the Constitution may not be liable for enforcement and application.
Evaluation of laws:   No
Not applicable
Measures against legislative inflation
Not applicable



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