Constitutional Forms of Deputies Activity in Russia: Classification and Implementation

Keywords: deputy, powers, status, mandate, deputy inquiry, parliamentary control, participation in the meeting, participation in the work

Abstract

The article examines the forms of parliamentary activity and powers of deputies directly related to the constitutional goal of realizing mandate of national confidence. Legislative regulation of forms of the activity has changed more than once, therefore differentiated approaches to understanding the system of forms of deputy activity appeared. The purpose of the study is to classify and systematize the forms of deputy activity. Its forms can be divided into loyal and oppositional, basic (fundamental) ones and control. The basic forms of activity of national representatives include: interaction with voters, participation in meetings of a representative body. Control forms of activity of deputies include interpellation, non-confidence vote, resolution of censure, parliamentary investigation. Within the framework of the study, the author determines the type of constitutional and legal norms establishing the powers and forms of activity of deputies. The norms on the powers of the people’s representatives are usually substantive, while the norms defining forms of deputy activity predetermine their free political activity aimed at realizing mandate of popular confidence. The result of analysis of powers and forms of parliamentary activity at the federal level of public power is the conclusion about ensuring the mandate of popular trust through visits and participation in the work of collegial bodies of state power. At the same time, author draws attention to the need to eliminate the inaccuracies that have arisen in the legislative regulation of the concepts of “participation in meetings” and “participation in work”. As a result of the study, author formulates a conclusion about the need to differentiate concepts of the form of deputy activity and of deputies powers, emphasizing their differences, including by comparing the individual powers of parliamentarians not related to the expression of public power. These include participation in the execution of instructions from the chambers, organization of parliamentary hearings, submission of a parliamentary or deputy inquiry, and addressing questions to members of the Government. The author notes weakening of the deputy’s request role as a control mechanism, its transformation into an official appeal to other officials. In turn, addressing a question to a member of the Government of the Russia acquires control functions. Accordingly, the democratic nature of constitutionalism, among other things, is predetermined by a sufficient variety of individual and collective forms of parliamentary work, which should be very extensive.

Author Biography

Alla Gutorova, Southwestern State University

Candidate of Sciences (Law), Associate Professor

References

Avakyan S.A. (2007) Gaps and defects in constitutional law and ways to eliminate them. Konstitutsionnoye i munitsipal'noye pravo=Constitutional and Municipal Law, no. 8, pp. 3-12 (in Russ.)

Demidov M.V. (2008) Classification of types and forms of parliamentary control. Vestnik Chelyabinskogo kooperativnogo instituta=Chelyainsk Cooperative Institute Bulletin, no. 2, pp. 129-139 (in Russ.)

Dzidzoev R.M. (2020) Constitutional status of the President of the Russian Federation in the light of the constitutional reform. Konstitutsionnoye i munitsipal'noye pravo=Constitutional and Municipal Law, no. 10, pp. 33-36 (in Russ.) DOI: https://doi.org/10.18572/1812-3767-2020-10-33-36

Ermashenkova S.A. (1990) Party groups in the Soviets of People's Deputies in conditions of the reform of the political system. Candidate of Historical Sciences Summary. Moscow, 21 p. (in Russ.)

Goshulyak V.V. (2018) Forming parliamentarism in the Russian Federation entities. Vestnik Saratovskoy juridicheskoy akademii=Saratov Law Academy Bulletin, no. 3, pp. 15-23 (in Russ.)

Guschina N.A. (2003) Incentive norms of Russian law: theory and practice. Saint Petersburg: University Press, 292 p. (in Russ.)

Kasho V.S. (2010) Organizational forms of the opposition in the system of municipal power. Vestnik Sibirskogo yuridicheskogo instituta MVD Rossii= Siberian Law Institute of Internal Ministry, no. 1, pp. 89-93 (in Russ.)

Krasnov M.A. (2009) May a deputy's request be a mean of parliamentary control? Pravo. Zhurnal Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, no. 4, pp. 16-32 (in Russ.)

Lazarev V.V. (2010) The Russian Parliament as an addressee of decisions of the Constitutional Court. In: Parliamentarism: theory, history, practice. Moscow: Yurlitinform, pp. 54-65 (in Russ.)

Matrosov S.N., Chernysheva A.V. (2020) Parliamentary and deputy requests as forms of parliamentary control. In: State and Municipal Powers in Russia: Conditions and Prospects. Cheboksary: Cooperative Institute Press, pp. 152-156 (in Russ.)

Murashko M. (2020) Speech at the Government hour in the State Duma. Meditsinskaya sestra=Nurse, no. 4, pp. 3-6 (in Russ.)

Narutto S.V. (2017) Interaction of the prosecutor's office with the representative bodies of the Russian Federation entities. Vestnik Akademii General'noy Prokuratury Rossiyskoy Federatsii=Bulletin of General Prosecutor Office Academy, no. 6, pp. 1218 (in Russ.)

Nudnenko L.A. (2003) Regulation of deputy requests in the legislative bodies of Russian Federation. Gosudarstvennaya vlast' i mestnoye samoupravleniye=State Power and Local Self-Government, no. 2, pp. 7-11 (in Russ.)

Sanova L.T. (2009) Basic forms of implementation by deputies of representative bodies of local self-government of their powers. Vestnik Krasnodarskogo universiteta MVD Rossii=Krasnodar MVD University Bulletin, no 1, pp. 57-58 (in Russ.)

Svistunova L.Yu. (2014) Constitutional consolidation of parliamentary hearings in the norms of federal and regional legislation. Politematicheskiy elektronnyy zhurnal Kubanskogo agrarnogo universiteta=Electronic Journal of Kuban Agrarian University, no. 99, pp. 1-17 (in Russ.)

Taeva N.E. (2010) Types of constitutional law norms of the Russian Federation. Moscow: Elit, 264 p. (in Russ.)

Trukhanova D.S. (2020) The government hour as a communicative event in the Russian-language parliamentary discourse. Verkhnevolzhskiy filologicheskiy vestnik=Upper Volga Philology Bulletin, no. 1, pp. 94-103 (in Russ.) DOI: https://doi.org/10.20323/2499-9679-2020-1-20-94-103

Tkhabisimov K.A. (2017) The main forms of implementation by a deputy of a representative body of local self-government of his powers and maintaining professional level of his activity. In: Constitution and Constitutional Legality. Pyatigorsk: University Press, pp. 76-84 (in Russ.)

Published
2023-03-27
How to Cite
GutorovaA. (2023). Constitutional Forms of Deputies Activity in Russia: Classification and Implementation. Law Journal of the Higher School of Economics, 16(2), 48-69. https://doi.org/10.17323/2072-8166.2023.2.48.69
Section
Russian Law: Condition, Perspectives, Commentaries