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Parliamentary control in the subjects of the Russian Federation: Problems of legal regulation and implementation practice

Introduction. The development of the institution of parliamentary control in the Russian Federation actualizes the issues of achieving a balance of branches of government at the regional level and improving legal regulation in order to increase the effectiveness of the constitutional and legal mechanism to meet the interests and needs of residents of the respective regions. Theoretical analysis. At the present stage, there is a variety of forms of legal regulation of parliamentary control at the regional level, different legal models of its legislative regulation, characterized by certain advantages and disadvantages, are used. This determines the need to unify the conceptual and terminological apparatus of this institution, that reflects its essence and characteristic features, as well as the legislative consolidation of basic parameters, internal constitutive principles and procedures that ensure the inclusion of subjects of regional parliamentary control in the system of parliamentary control of the Russian Federation. Empirical analysis. The analysis of the legislative consolidation of procedural issues of the implementation of various forms of parliamentary control by regional parliaments indicates the conciseness of the relevant legal regulations, the planned nature of control procedures, the reproduction of the powers of the federal legislature at the regional level based on the results of verification activities with some expansion of such opportunities. The powers of a regional legislative authority based on the results of the exercised control, which are not provided for by similar norms of federal legislation on parliamentary control, can be differentiated into recommendations addressed to regional state structures, personnel decisions, initiating communications in the form of drafting a draft law of a subject of the Russian Federation, a draft federal law for its introduction by the legislative authority of a subject of the Russian Federation in the exercise of the right of legislative initiatives to the State Duma of the Federal Assembly of the Russian Federation. Results. The authors conclude that the legislation and practice of parliamentary control in the Russian regions need to be improved, which is aimed at detailing the legal regulation in this area and increasing effectiveness of its implementation. In this regard, the prospects for the adoption of the federal law “On general principles of parliamentary control in the subjects of the Russian Federation” are substantiated.

Governance and the Constitutional Process: Problems of Interaction and Mutual Influence

The form of government as one of the three characteristics of the structure of the state, determined by the method of formation of the public authorities. The classic formula defines a republic as a form of government in which the supreme authorities elected or formed a national representative institution. Depending on the procedure of formation of executive power and the place of the President (Head of State) in the government distinguished presidential, parliamentary and semi-presidential republic, in which the law or in fact the president is always a chief executive or a part of it. At the same time the fundamental principles governing the system of state power and the place of its president, is the principle of separation of powers and independence of authorities (Art. 10 The Constitution of the Russian Federation), as well as the unity of state power (Pt. 3 of Art. 5 The Constitution of the Russian Federation). Methods. The methodological basis of research supports internally interconnected complex methods of knowledge: system-structural, functional, logical, historical. The basic general legal methods are comparative legal and formal-legal, allowing the author to explore the legal basis of the formal and the actual form of government in Russia, comparing the attributes of the Parliamentary, presidential and semi-presidential republic. Results. It is stated that at the present stage of development of the Russian state needs to shift from sverhprezidentskoy to parliamentary form of government with the relevant constitutional changes in law and practice.

Topical Issues of Legal Regulation and Implementation of Parliamentary Control in the Russian Federation

Introduction. The article analyzes the peculiarities of legal regulation and the parliamentary control in Russia. Purpose. The main objective of the work is to study the constitutional and legal framework of the organization and functioning of the institute of parliamentary control in Russia, as well as to identify the role and place of this form of control in the protection of the rights and freedoms of man and citizen, and the fight against corruption. Results. Analyze the Russian regulatory framework governing the particular parliamentary oversight activities, implementation of the basic problems of the institution. It is shown that the effective implementation of parliamentary control must be more precise legislative regulation of the mechanism of its operation. The adoption of a special law, marked the legal basis of the parliamentary control activity, it does not solve all problems arising in the implementation of this institution. There is a need for the regulatory details of individual elements of parliamentary control, starting with the definition and ending with its structural and functional component. Conclusion. Concludes that parliamentary control should be implemented at all levels of government. This thesis suggests amendments to the Federal law of 07.05.2013 № 77-FZ «On the parliamentary control» in terms of more regulation as the subjects of parliamentary control of the legislative (representative) bodies of state power of subjects of the Russian Federation. The paper lays particular emphasis on the need for a combination of forms of parliamentary and public scrutiny as a prerequisite for improving the implementation of the parliamentary control activity.