The Federation Council

The Council of Federation of the Federal Assembly of the Russian Federation - the upper chamber of the Russian parliament is formed by two representatives of each subunit of the federation  - one from the legislative and one from the executive branch and it consists of 178 members from 89 regions. Members of the Council of federation lose their status when they leave their office in the bodies of the subunit.

The procedure for the formation of the Federation Council is established by the Federal Law of the Russian Federation "On the Formation of the Federal Council of the Federal Assembly of the Russian Federation".

The Federation Council has the following powers which are laid out in Article 102 of the Constitution of the Russian Federation:

approves changes of borders between the subjects of the Russian Federation,

approves the decree of the President on the introduction of martial law,

approves the decree of the President on the introduction of a state of emergency,

makes decisions on the possibility of the use of the Armed Forces of the Russian Federation outside the territory of the Russian Federation,

calls elections of the President of the Russian Federation,

impeaches the President,

appoints judges of the Constitutional Court, the Supreme Court, and the Supreme Court of Arbitration,

appoints and dismisses the Prosecutor General,

appoints and dismisses the deputy Chairman of the Accounting Chamber and half of its staff of auditors,

passes resolutions on the issues within its jurisdiction under the Constitution of the Russian Federation.

Other powers regarding the personnel policy not mentioned in the Constitution, but granted to the Federation Council by federal laws include:

endorsement of the appointment of the members of the Presidium of the Supreme Court of the Russian Federation,

appointment of five out of the 15 members of the Central Electoral Commission of the Russian Federation,

appointment of two representatives of the Federation Council to the National Banking Council (NBC),

appointment of representatives of the State Duma to the Council for Public Service resided over by the President of the Russian Federation,

appointment of Deputy Prosecutors General (proposed by the Prosecutor General).

The Federation Council passes resolutions by a majority of votes of the total number of its members.

Federal laws regarding the questions of war and peace, status and defense of the state borders of the Russian Federation, the ratification and denouncement of international treaties, the federal budget, federal taxes and duties financial and monetary matters, credit, customs regulation, monetary emission, passed by the State Duma are subject to obligatory review by the Federation Council.

Legislative Process

Federal legislation can be initiated by the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative and executive bodies of subunits of the Russian Federation, as well as by the Constitutional Court, Higher Commercial Court, and the Supreme Court of General Jurisdiction.

All draft laws are initially introduced to the State Duma of the Russian Federation. The draft laws on the introduction or abolishing of taxes, exemptions from the payment thereof, on the issue of state loans, on changes in the financial obligations of the state and other draft laws providing for expenditures covered from the federal budget can be introduced to the State Duma only with a corresponding resolution by the Government of the Russian Federation.

According to the Rules (Regiment) of the State Duma, the proposed law normally passes three hearings (readings) before it is finally approved by the State Duma. A majority vote of the deputies of the State Duma in each of these hearings is required to adopt federal laws and amendments to laws. Federal constitutional laws require approval by three-quarters of the deputies of the upper chamber of the Parliament and by two-thirds of the lower chamber.

A federal law approved by the Sate Duma is passed to the Council of Federation for review within five days. If the Council of Federation considers a federal law and declines it, the law is returned to the State Duma. The Duma then has the option to either introduce amendments suggested by the upper chamber or by pass the need for the Council of Federation approval by a two-thirds majority vote in support of the law.

Laws of certain categories may proceed to President's desk not only if they are approved by  the Council of Federation, but also if the Council fails to take an action on the law within fourteen days after its approval by the Sate Duma.

Within five days after approval by the Council of Federation or after expiration of time for action by the Council, the federal law is sent to the President of the Russian Federation for signing and promulgation.

If the President rejects the law, the law is reconsidered by the Parliament. In order to overcome Presidential veto, both chambers of the Parliament must adopt the law by two-thirds majority. The President is then bound to sign and promulgate the law.

Federal laws take effect only after they are signed by the President of the Russian Federation and published in the official source for federal laws newspaper "Rossiiskaya Gazeta". All federal laws are binding on the entire territory of the Russian Federation. Federal constitutional laws are passed on issues specified in the Constitution of the Russian Federation. A federal constitutional law is considered adopted, if it has been approved by a majority of at least three quarters of the total number of deputies of the Federation Council and at least two thirds of the total number of deputies of the State Duma. The adopted federal constitutional law is signed by the President of the Russian Federation within fourteen days and published.