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CHAPTER 5

THE FEDERAL ASSEMBLY

 

 

Article 94

The Federal Assembly — parliament of the Rus­sian Federation shall be the representative and legis­lative body of the Russian Federation.

 

Article 95

1. The Federal Assembly shall consist of two chambers – the Council of Federation and the State Duma.
2. The Council of Federation shall include two representatives from each constituent entity of the Russian Federation – one from the legislative (representative) and one from the executive State government body; representatives of the Russian Federation appointed by the President of the Russian Federation, whose number shall constitute not more than ten per cent of the number of members of the Council of Federation – representatives from the legislative (representative) and executive State government bodies of constituent entities of the Russian Federation
3. A member of the Council of Federation – representative from the legislative (representative) or executive State government body of a constituent entity of the Russian Federation shall be invested with powers for the term of powers of the respective State government body of the constituent entity of the Russian Federation.
4. The President of the Russian Federation may not dismiss a member of the Council of Federation – representative of the Russian Federation appointed prior to his assuming office during first term of his powers, with the exception of cases envisaged by federal law.
5. The State Duma shall consist of 450 deputies18
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18 The wording of Article 95 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 21st July, 2014 No. 11-ФКЗ. 

 

                                                                                                         Article 96

1. The State Duma shall be elected for a term of five years19.
2. The procedure for forming the Council of Federation and the procedure for electing deputies to the State Duma shall be established by federal laws.
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19 Wording of Part 1 is presented in accordance with the Law of the Russian Federation on amendment to the Consti­tution of the Russian Federation dated December 30, 2008 No. 6-FKZ "On Changing the Term of Powers of the Presi­dent of the Russian Federation and State Duma", which came into force from the day of its official publication on December 31, 2008 (Rossiyskaya Gazeta, December 31, 2008). To be ap­plied with relation to the State Duma elected after coming into force of the cited Law.

 

Article 97

1. Any citizen of the Russian Federation who has reached 21 years of age and who has the right to par­ticipate in elections may be elected deputy of the State Duma.

2. One and the same person may not be simulta­neously a member of the Council of Federation and a deputy of the State Duma. A deputy of the State Duma may not be a deputy of other representative State gov­ernment bodies and local self-government bodies.

3. Deputies of the State Duma shall work on a professional permanent basis. Deputies of the State Duma may not be employed in State service or en­gage in other paid activities, except for teaching and scientific and other creative work.

 

Article 98

1. Members of the Council of Federation and deputies of the State Duma shall

enjoy immunity during the whole term of their office. They may not be detained, arrested or searched, except in the event of detention at the scene of a crime. They may not be subjected to personal searches, except in instances where this is provided for by federal law in order to ensure the safety of other people.

2. The issue of the removal of immunity shall be resolved by an appropriate chamber of the Federal Assembly upon submission of the Prosecutor Ge­neral of the Russian Federation.

 

Article 99

1. The Federal Assembly shall be a permanently functioning body.

2. The State Duma shall convene its first session on the thirtieth day after election. The President of the Russian Federation may convene a session of the State Duma earlier than this date.

3. The first session of the State Duma shall be opened by the oldest deputy.

4. From the moment that the State Duma of a new convocation begins to work the powers of the State Duma of the previous convocation shall ex­pire.

 

Article 100

1. The Council of Federation and the State Duma shall hold separate sessions.

.        2. Sessions of the Council of Federation and of the State Duma shall be open. In the cases envisaged by the procedural regulations of a chamber, the latter shall have the right to hold closed-door sessions.

3. The chambers may hold joint sessions to hear messages of the President of the Russian Federa­tion, messages of the Constitutional Court of the Russian Federation and speeches of leaders of foreign states.

 

Article 101

1. The Council of Federation shall elect from among its members the Chairman of the Council of Federation and his (her) deputies. The State Duma shall elect from among its members the Chairman of the State Duma and his (her) deputies.

2. The Chairman of the Council of Federation and his (her) deputies and the Chairman of the State Duma and his (her) deputies shall chair sessions and shall be in charge of the internal routine of the chamber.

3. The Council of Federation and the State Duma shall set up committees and commissions and shall hold parliamentary hearings on issues under their authority.

4. Each of the chambers shall adopt its procedural regulations and resolve issues relating to the routine procedures for its activities.

5. To monitor implementation of the federal bud­get the Council of Federation and the State Duma shall set up the Accounts Chamber, whose composi­tion and work procedures shall be determined by federal law.

 

Article 102

1. The following shall be within the jurisdiction of the Council of Federation:
a) approval of border changes between consti­tuent entities of the Russian Federation;
b) approval of edict of the President of the Russian Federation on the introduction of martial law;
c) approval of edict of the President of the Rus­sian Federation on the introduction of a state of emergency;
d) deciding on the possibility of using the Armed Forces of the Russian Federation outside the terri­tory of the Russian Federation;
e) announcement of elections of the President of the Russian Federation;
f) impeachment of the President of the Russian Federation;
g) appointment of judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation20;
h) appointment and dismissal of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation21;
i) appointment and dismissal of the deputy Chair­man and half of the auditors of the Accounts Chamber.
2. The Council of Federation shall adopt decrees on issues referred to its authority by the Constitution of the Russian Federation.
3. Decrees of the Council of Federation shall be adopted by a majority of the total number of mem­bers of the Council of Federation unless another procedure for adopting decisions is envisaged by the Constitution of the Russian Federation. 
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20 The wording of Item “g” has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).
21 The wording of Item “h” has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).

                                                                                                       Article 103

The following shall be within the jurisdiction of the State Duma:
a) consent to the appointment of the Chairman of the Government of the Russian Federation by the President of the Russian Federation;
b) deciding the issue of confidence in the Govern­ment of the Russian Federation;
c) hearing to the annual reports of the Govern­ment of the Russian Federation on results of its ac­tivity, including the points raised by the State Duma22;
d) appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;
e) appointment and dismissal of the Chairman and half of the auditors of the Accounts Chamber;
f) appointment and dismissal of the Commis­sioner for Human Rights, who shall act according to federal constitutional law;
g) announcement of amnesty;
h) bringing charges against the President of the Russian Federation for his (her) impeachment;
2. The State Duma shall adopt decrees on issues referred to its authority by the Constitution of the Russian Federation.
3. Decrees of the State Duma shall be adopted by a majority of the total number of deputies of the State Duma, unless another procedure for adopting decisions is envisaged by the Constitution of the Russian Federation.
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22 Part 1 is supplemented with a new paragraph "c", lette­ring of the subsequent paragraphs are changed in accordance with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation dated December 30, 2008 No. 7-FKZ "On Supervisory Powers of the State Duma in Relation to the Government of the Russian Federation", which came into force from the day of its official publication on De­cember 31, 2008 (Rossiyskaya Gazeta, December 31, 2008).  

 

Article 104
1. The right of legislative initiative shall belong to the President of the Russian Federation, the Council of Federation, members of the Council of Federation, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) bodies of constituent entities of the Russian Federation. The right of legislative initiative shall also belong to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on issues within their competence23.
2. Bills shall be submitted to the State Duma.
3. Bills on the introduction or cancellation of taxes, on exemption from taxes, on the issue of State loans, on changes in the financial obligations of the State, and other bills envisaging expenses to be cove­red from the federal budget may be submitted only upon a resolution of the Government of the Russian Federation.
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23 The wording of Section 1 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).

 

Article 105

1. Federal laws shall be adopted by the State Duma.

2. Federal laws shall be adopted by a majority of votes of the total number of deputies of the State Duma, unless otherwise envisaged by the Constitu­tion of the Russian Federation.

3. Federal laws adopted by the State Duma shall be submitted within five days for examination by the Council of Federation.

4. A federal law shall be considered to have been approved by the Council of Federation if over a half of the total number of members of that chamber have voted for it or if the Council of Federation does not examine it within fourteen days. In the event that the Council of Federation rejects a federal law, the chambers may set up a conciliatory commission to settle differences, after which the federal law shall be reconsidered by the State Duma.

5. In the event that the State Duma disagrees with the decision of the Council of Federation a federal law shall be considered to have been adopted if in the second vote not less than two thirds of the total number of deputies of the State Duma has voted in favour of it.

 

Article 106

Federal laws adopted by the State Duma on the following issues must compulsorily be examined by the Council of Federation:

a) the federal budget;

b) federal taxes and levies;

c) financial, currency, credit and customs regula­tion, money emission;

d) ratification and denunciation of international treaties of the Russian Federation;

e) the status and protection of the State border of the Russian Federation;

f) war and peace.

 

Article 107

1. An adopted federal law shall be submitted within five days to the President of the Russian Fede­ration for signing and promulgation.

2. The President of the Russian Federation shall sign the federal law and promulgate it within four­teen days.

3. If the President of the Russian Federation re­jects a federal law within fourteen days of receiving it, the State Duma and the Council of Federation shall reconsider that law in accordance with the procedure established by the Constitution of the Russian Federation. If upon reconsideration the law is approved in the previously adopted wording by a majority of not less than two thirds of the total number of members of the Council of Federation and of deputies of the State Duma, it must be signed by the President within seven days and pro­mulgated.

 

Article 108

1. Federal constitutional laws shall be adopted on issues envisaged by the Constitution of the Russian Federation.

2. A federal constitutional law shall be considered to have been adopted if it is approved by a majority of not less than three quarters of the total number of members of the Council of Federation and not less than two-thirds of the total number of deputies of the State Duma. An adopted federal constitutional law shall be signed by the President of the Russian Federation and promulgated within fourteen days.

 

Article 109

1. The State Duma may be dissolved by the Presi­dent of the Russian Federation in the cases envisa­ged by Articles 111 and 117 of the Constitution of the Russian Federation.

2. In the event that the State Duma is dissolved, the President of the Russian Federation shall an­nounce the date of elections so that a newly-elected State Duma may be convened not later than four months after the dissolution.

3. The State Duma may not be dissolved on the grounds envisaged in Article 117 of the Constitution of the Russian Federation during the year following its election.

4. The State Duma may not be dissolved from the moment that it brings charges against the President of the Russian Federation until the Council of Federation adopts a decision on the issue.

5. The State Duma may not be dissolved while a state of emergency or martial law is in effect on the whole territory of the Russian Federation, or during the last six months of the term of office of the Presi­dent of the Russian Federation.


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