Chapter 5. The Federal Assembly

 

Article 94

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

 

Article 95

 

1. The Federal Assembly consists of two chambers - the Council of the Federation and the State Duma.

 

2. The Council of the Federation includes two representatives from each subject of the Russian Federation: one from the legislative and one from the executive body of state authority.

 

3. The State Duma consists of 450 deputies.

 

Article 96

 

 

Law of the Russian Federation on an Amendment to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008 reworded Part 1 of Article 96 of the Constitution. The new wording of the Part shall enter into force from the day of the official publication of the said Law

The amendments shall be applied with respect to the State Duma elected after the entry into force of the said Law

See the Part in the previous wording

1. The State Duma shall be elected for a term of five years.

 

2. The rules for forming the Council of the Federation and the rules for electing deputies to the State Duma shall be introduced by federal laws.

 

Article 97

 

1. A citizen of the Russian Federation over 21 years of age and with the right to participate in elections may be elected a deputy of the State Duma.

 

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

 

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

 

Article 98

 

1. Members of the Council of the Federation and deputies of the State Duma shall possess immunity during the whole term of their mandate. They may not be detained, arrested, searched, except for cases of detention at the scene of a crime. They may not be personally inspected, except for the cases envisaged by federal law in order to ensure the safety of other people.

 

2. The issue of deprivation of immunity shall be considered upon the proposal of the Procurator-General of the Russian Federation to the corresponding chamber of the Federal Assembly.

 

Article 99

 

1. The Federal Assembly shall work on a permanent basis.

 

2. The State Duma shall be convened at its first sitting on the thirtieth day after the elections. The President of the Russian Federation may convene a sitting of the State Duma earlier than the mentioned time.

 

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

 

4. From the time the State Duma of a new convocation begins to work the mandate of the State Duma of the previous convocation shall expire.

 

Article 100

 

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

 

2. Sittings of the Council of the Federation and of the State Duma shall be open. In cases envisaged by procedural rules the chambers shall have the right to hold closed-door sittings.

 

3. The chambers may hold joint sittings for the consideration of messages of the President of the Russian Federation, messages of the Constitutional Court of the Russian Federation, and speeches of the leaders of foreign states.

 

Article 101

 

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

 

2. The Chairman of the Council of the Federation and his deputes, the Chairman of the State Duma and his deputies chair sittings and shall be in charge of the internal routine work of the respective chamber.

 

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

 

4. Each of the chambers shall adopt its procedural rules and resolve issues of procedure for its work.

 

5. For controlling the implementation of the federal budget the Council of the Federation and the State Duma shall create an Accounts Chamber, the composition and the rules of work of which are fixed by federal law.

 

Article 102

 

1. The jurisdiction of the Council of the Federation includes:

a) approval of changes in borders between subjects of the Russian Federation;

b) approval of a decree of the President of the Russian Federation on the introduction of martial law;

 

On approval by the Federation Council of the Federal Assembly of the Russian Federation of a Decree of the President of the Russian Federation on introduction of a state of emergency, See Federal Constitutional Law No. 3-FKZ of May 30, 2001 on the State of Emergency

c) approval of a decree 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) appointment 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 Federation, of the Higher Arbitration Court of the Russian Federation;

h) appointment and dismissal of the Procurator-General of the Russian Federation;

i) appointment and dismissal of Deputy Chairman and half of the auditors of the Accounts Chamber.

 

2. The Council of the Federation shall adopt resolutions on the issues referred to its authority by the Constitution of the Russian Federation.

 

3. Resolutions of the Council of the Federation shall be adopted by a majority of the total number of the members of the Council of the Federation, if other rules for adopting decisions are not envisaged by the Constitution of the Russian Federation.

 

Article 103

 

 

Law of the Russian Federation on an Amendment to the Constitution of the Russian Federation No. 7-FKZ of December 30, 2008 amended Part 1 of Article 103 of the Constitution. The amendments shall enter into force from the day of the official publication of the said Law

See the Part in the previous wording

1. The jurisdiction of the State Duma includes:

a) approving the appointment of the Chairman of the Government of the Russian Federation by the President of the Russian Federation;

b) resolution of the issue of confidence in the Government of the Russian Federation;

c) hearing of annual reports of the Government of the Russian Federation on the results of its activity, including on issues raised by the State Duma;

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 acts according to the federal constitutional law;

g) proclamation of amnesty;

h) advancing charges against the President of the Russian Federation for his impeachment.

 

2. The State Duma shall adopt resolutions on the issues referred to its authority by the Constitution of the Russian Federation.

 

 

Concerning interpretation of the third part of Article 103 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 2-P of April 12, 1995

3. Resolutions of the State Duma shall be adopted by a majority of the total number of the deputies of the State Duma, if other rules for adopting decisions are not stipulated by the Constitution of the Russian Federation.

 

Article 104

 

1. The power to initiate legislation shall belong to the President of the Russian Federation, the Council of the Federation, the members of the Council of the Federation, the deputies of the State Duma, the Government of the Russian Federation, and the legislative (representative) bodies of the subjects of the Russian Federation. The power to initiate legislation shall also belong to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation on the issues in their authority.

 

2. Bills shall be submitted to the State Duma.

 

3. Bills on the introduction or cancellation of taxes, on exemption from their payment, on the issue of state loans, on changes in the financial obligations of the State, and other bills envisaging expenses covered from the federal budget may be submitted only upon a conclusion of the Government of the Russian Federation.

 

 

Concerning the interpretation of Articles 105 and 106 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 1-P of March 23, 1995

Article 105

 

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

 

 

Concerning interpretation of the second part of Article 105 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 2-P of April 12, 1995

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

 

3. The federal laws adopted by the State Duma shall be submitted within five days for consideration by the Council of the Federation.

 

4. A federal law shall be considered to be approved by the Council of the Federation if over a half of the total number of the members of the chamber have voted for it or if the Council of the Federation does not consider it in fourteen days. If the Council of the Federation rejects a law, the chambers may create a conciliatory commission for overcoming the contradictions that arose, after which the federal law shall be reconsidered by the State Duma.

 

Concerning interpretation of the fifth part of Article 105 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 2-P of April 12, 1995

 

5. If the State Duma disagrees with the decision of the Council of the Federation, a federal law shall be considered adopted, if during the second vote not less than two thirds of the total number of the deputies of the State Duma supported it.

 

 

Concerning the interpretation of Articles 105 and 106 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 1-P of March 23, 1995

Article 106

Federal laws adopted by the State Duma on the following issues shall be the liable to obligatory consideration by the Council of the Federation:

a) federal budget;

b) federal taxes and dues;

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

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

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

f) peace and war.

 

Article 107

 

1. The adopted federal law shall be submitted within five days to the President of the Russian Federation for signing and making it public.

 

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

 

 

Concerning interpretation of the third part of Article 107 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 2-P of April 12, 1995

3. If within fourteen days from the moment of receiving the federal law the President rejects it, the State Duma and the Council of the Federation shall reconsider the present law according to the rules established by the Constitution of the Russian Federation. If during the second vote the law is approved in the earlier adopted wording by not less than two thirds of the total number of the members of the Council of the Federation and of the deputies of the State Duma, it shall be signed by the President within seven days and made public.

 

Article 108

 

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

 

 

Concerning interpretation of the second part of Article 108 of the Constitution see Decision of the Constitutional Court of the Russian Federation No. 2-P of April 12, 1995

2. A federal constitutional law shall be considered to be adopted if it is approved by not less than three fourths of the total number of the members of the Council of the Federation and not less than two thirds of the total number of the deputies of the State Duma. The adopted federal constitutional law shall be signed by the President of the Russian Federation within fourteen days and made public.

 

Article 109

 

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

 

2. If the State Duma is dissolved, the President of the Russian Federation shall appoint the date of election so that a newly-elected State Duma can meet not later than four months since the moment of dissolution.

 

3. The State Duma may not be dissolved on the grounds envisaged in Article 117 of the Constitution of the Russian Federation within a year after it was elected.

 

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

 

5. The State Duma may not be dissolved while a state of emergency or martial law operate in the whole territory of the Russian Federation, as well as during six months before the term of office of the President expires.

 

According to Federal Constitutional Law No. 3-FKZ of May 30, 2001 on the State of Emergency, the State Duma of the Federal Assembly of the Russian Federation shall continue its work throughout the effective period of a state of emergency