When was the establishment of the State Council. State Council of the Russian Federation. On the composition and structure of the State Chancellery
Since the time of Peter the Great, the government has been almost incessantly fluctuating from one plan to another. This inconsistency, or, rather, the lack of solid principles, was the reason that hitherto the form of our government has no definite form, and many institutions, excellent in themselves, were almost as soon destroyed as they arose.
When the most prudent and salutary laws were issued, the question of what they are based on and what can confirm their action, this question always remained unresolved, and in the heart of the people mortified all their power and trust.
It is impossible for this to be otherwise. In any state, whose political position is determined by the single character of the sovereign, the law will never have force, the people will be everything that the one in power will command him to be. A strong and enterprising spirit will sit on the throne, one of these spirits that heaven sends to earth to change the fate of kingdoms, he will wish the rude and stubborn people to be moved in one fell swoop and placed on that point of perfection to which neighboring states have reached for centuries - and this kingdom will be covered with all the splendor of borrowed enlightenment. The successes of the war and the outward similarity of the internal dispensation will make the people dream that they have done everything by dressing up in someone else's dress and changing their outward appearance. From now on, imitation will enter into the property of the people, and the natural pride of the northern inhabitants will turn into vanity and pompous confidence. Everyone will be engaged in decorating surfaces and, having introduced foreign names into the form of government, they will think that they have changed its very essence - they will gild their chains and call themselves free. Blinded by the phantoms of luxury and exchanging bloody sweat for toys, they dream that they have enriched themselves with trade. The academies will open, the Bernoullis and the Riedingers will appear, the deeds of the wise will be glorified in Europe, and the people will still consider reading letters among mortal sins. In this way, another kingdom will pass along the deep rein laid by the first. Overwhelmed by court intrigues, the throne will go to power-hungry ministers, who, under the name of weakness sitting on it, allow themselves the most Asiatic cruelties and autocracy in a European state. The people, oppressed under this yoke, will take a breath under the reign of mercy and piety, and although its fate in its essence will not change, but the sweet confidence of possessing mercy will somewhat support its spirit from falling.
Speransky M. M. Reflections on state structure empire // Speransky M.M. Projects and notes. M., L., 1961 http://stepanov01.narod.ru/library/speransky/chapt02.htm
PRINCIPLES FOR THE ORGANIZATION OF THE STATE COUNCIL
According to the examples of our ancient domestic legislation, we will not leave to designate an order by which this code, by the aggregate consideration of the most selected estates, will be respected and will reach its perfection.
But civil laws, no matter how perfect they may be, cannot be firm without state regulations.
Among these institutions, the Council has long occupied an important place. In its beginning it was temporary and transient. But upon our accession to the throne, naming it State, we then intended to give him in due time an education characteristic of public institutions.
Now, with the help of the Most High, we set out to accomplish this formation on the following main principles:
I. In accordance with state institutions, the Council constitutes an estate in which all parts of the administration, in their main relations to legislation, are considered and through it ascend to the supreme imperial power.
II. Accordingly, all laws, statutes and institutions in their primitive outlines are proposed and considered in the State Council, and then, by the action of the sovereign power, they come to the fulfillment intended for them.
III. No law, statute or institution proceeds from the Council and cannot be made without the approval of the sovereign power.
IV. The council is made up of persons who are called by our power of attorney to this estate.
V. Members of the Council may have ranks in judicial and executive order.
VI. Ministers are members of the Council by their rank.
VII. We chair the Council ourselves.
VIII. In the absence of our chair, one of the members of our designation shall take the chair.
IX. The appointment of a presiding member is renewed annually.
X. The Council is divided into departments.
XI. Each department has a certain number of members, of which one presides.
XII. Ministers cannot be chairmen of departments.
XIII. Members of all departments make up the general assembly.
XIV. Members of the Council, upon the appointment of which a special department will not be appointed, are present at the general meetings.
XV. The schedule of members by department is renewed every six months at our discretion.
XVI. The presences of departments and general assemblies have fixed days, but due to respect for business, they can be called at any time by our special command.
Manifesto "Formation of the State Council" January 1, 1810 // Russian legislation of the X-XX centuries. In 9 vols. T.6. Legislation first half of XIX century. M., 1988. http://www.hist.msu.ru/ER/Etext/gossovet.htm
ACTIVITIES OF THE STATE COUNCIL
The Council of State thus constituted, in its first meetings, will pay attention to the following main subjects:
First. The Civil Code, as it is completed with the judicial rites belonging to it and the arrangement of judicial places, will come to his respect. This will be followed by a criminal code. The general organization of the judicial part depends on the successful completion of this work. Having entrusted it especially to the Governing Senate, we will not hesitate to give this highest judiciary class in our empire an education that is characteristic of its important purpose, and we will add to its institutions everything that can improve and elevate them.
Second. Different parts entrusted to ministries require different additions. At their initial establishment, it was supposed to gradually, and considering their very action, bring these institutions to perfection. Experience has shown the need to complete them by the most convenient division. We will propose to the Council the beginning of their final organization and the main grounds for a general ministerial mandate, which will accurately determine the relationship of ministers to other state institutions and will indicate the limits of action and the degree of their responsibility.
Third. The current state of state revenues and expenditures also requires rigorous consideration and definition. At this end, we will deliver to the Council a plan of finance, drawn up on the basis of the most characteristic of this part. The main foundations of this plan are to bring them into proper proportion with revenues by every possible reduction of expenses, to establish in all parts of the administration the true mind of good economy and by the most effective measures to lay a firm foundation for the gradual payment of public debt whose inviolability, certified by all state wealth, we have always recognized and will recognize as one of the most important and inviolable obligations of our empire.
Given in St. Petersburg on the 1st day of January in the summer of the birth of Christ 1810, while our reign is on the tenth.
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Introduction
1.1 History of creation
1.2 Structure and activities of the State Council
Conclusion
Introduction
The State Council occupies a special place in the history of Russian statehood. Russian Empire, which existed from 1810 to 1917. This is the first state body in the history of Russia during the period of absolute monarchy, which at least to some extent limited the power of the monarch. This state body was a key link in the entire system of the state apparatus, since the subjects of its jurisdiction in "Education" in 1810 included consideration of all the most important state issues of internal and foreign policy. The most important government decisions, before being approved by the emperor, went through the procedure of discussion in the State Council and were formalized by the royal manifestos.
The history of the State Council constantly attracted the attention of domestic researchers, both historians and lawyers, especially pre-revolutionary ones. The works of V.G. Shcheglov, where the activities of the Council during the reign of Alexander I were analyzed. In the work of P.N. Danilevsky, dedicated to the history of the formation of the State Council, chronologically covers the period of time of the activity of state bodies, starting from the Boyar Duma until 1855.
The purpose of the work is to reveal, on the basis of historical and legal analysis, the role of the State Council in the structure of state power of the Russian Empire in the first half of the 19th century, to determine its real legal status.
state duma council empire
1. Formation and activities of the State Council as the highest legislative body of the Russian Empire
1.1 History of creation
Starting from the era of reforms of Peter the Great and ending with the beginning of the 20th century, the emperor headed the entire system of power, relying on an extensive bureaucracy. From 1769 to 1801, the Council at the Imperial Court acted as the highest advisory body, it was replaced by the Permanent Council, consisting of 12 members, which lasted until 1810, when, as the highest legislative advisory body developing bills (approved by the emperor), The Council of State was created.
Let's start with the history of this institution. The formation of the Council of State was a logical step in the process of improving the mechanism of the state after the Senate reform carried out in 1802 and the establishment of ministries. Under these conditions, the activities of the Permanent Council ceased to meet the needs of the time. It was necessary to create a legislative body under the emperor, designed to inform the legislation of the nature of state activity, which would be based on permanent rules independent of the discretion of private individuals.
According to the project developed by M.M. Speransky in 1809, the State Council was to become the coordinating center of the three branches of government: legislative (Duma), judicial (Senate) and executive (ministries), a body through which all decisions in the field of public administration and courts could be submitted for consideration and approval supreme authority of the Emperor. However, the project was not fully realized. According to the manifesto of 1810, the State Council was established exclusively as an advisory body to the Emperor on questions of legislation.
The rise of the State Council in 1810-1812. contributed to the active work of the State Chancellery in the structure of the State Council, which was headed in these years by M.M. Speransky. During this period, all issues of state administration were prepared and submitted to the Emperor's consideration exclusively through the State Chancellery. As a result, the State Council became a real legal mechanism coordinating the activities of the ministries and the Senate.
During the period Patriotic War 1812 and the resignation of M.M. Speransky, the activities of the State Council focused on the consideration of draft civil and criminal codes. The projects were based on the French codes of 1804 and 1810. The undertaking was unsuccessful, the business stalled.
The intensification of the work of the State Council began in 1816, when he again turned to the problems of the state's financial policy. Projects were considered on the creation of a special council of credit institutions (which was to include representatives from the merchants), on the establishment of a Commercial Bank, on the fight against inflation, etc. A number of measures were taken to expand freedom of trade, for which some articles of the customs tariff were revised.
This latter measure was opposed by domestic manufacturers, who were concerned about the expansion of foreign trade. Going to meet them, the government in 1822 revised customs duties, introducing a protectionist tariff.
In 1811, the State Council considered a plan for the transformation of the Senate, presented by Speransky, according to which the Senate was proposed to be divided into two special institutions (the ruling Senate and the judicial Senate), the first of which would include ministers and heads of departments (the former Committee of Ministers); the second was divided into four local branches (Petersburg, Moscow, Kyiv, Kazan). Members of the first institution were appointed by the supreme power, the second - were elected by the nobility.
The project was rejected by the State Council. The work of the State Council was carried out either in the form of general meetings or in the form of departmental meetings. All office work was concentrated in the office, which was headed by the Secretary of State.
Since 1812, the role of the State Council in government began to decline. After the dismissal of M.M. Speransky, ministers and senators, taking advantage of the right granted to them by the manifestos "On the Establishment of Ministries" and "On the Rights and Duties of the Senate", began to report directly to the emperor, bypassing the Council of State. This destroyed the order of business, established by the manifesto of 1810, and led to the duplication of the functions of the Council of State by other state bodies.
The activities of the State Council are somewhat revived after the return of M.M. Speransky to Petersburg and reinstating him as a member of the State Council. From the 1920s, many bills began to come to the Emperor for consideration through the State Council. This concerned, first of all, those trained under the guidance of M.M. Speransky Complete Collection of Laws and the Code of Laws of the Russian Empire, which were considered and approved by the State Council in 1832.
In connection with the political situation and the unwillingness of Russia to change the form of government from an absolute monarchy to a limited (constitutional) State Council in the first half of the 19th century. did not take the place in the structure of state bodies, which was assigned to him according to the project of M.M. Speransky.
1.2 Structure and activities of the Council of State
The Emperor was the Chairman of the State Council; in his absence, the meetings were chaired by a member of the Council appointed by him. The number of body ranged from 40 to 80 members (the State Council lasted until 1917). Members of the Council were appointed by the emperor or were part of it ex officio (ministers).
Members of the State Council (by position or by appointment of the king) were major officials and landlords, and their total number fluctuated in different years from 40 to 80 people. The emperor presided over the State Council, in case of his absence, he appointed the chairman from among the members of the State Council.
The State Council consisted of five departments: laws, military affairs, civil and spiritual affairs, state economy, affairs of the kingdom of Poland. The last department was created after the Polish uprising of 1830-1831.
The State Council considered and prepared various legal acts - laws, charters, institutions. The main goal of his legislative activity is to bring the entire legal system to uniformity.
There were also general meetings of the State Council. Office work was carried out by the office, which was headed by the Secretary of State.
The State Council carried out its main initial task (preparation of bills) for a short time. From the second quarter of the 19th century bills began to be developed in the royal office, ministries, and special committees. Their discussion in the State Council began to bear a formal character. It was not uncommon for bills to be submitted to the State Council with the tsar's resolution: "It is desirable for me that it be adopted."
By a decree of April 5, 1812, the Council received emergency powers during the absence of the monarch, subordinating the ministries to itself. On August 29, 1813, a decree was issued according to which the decisions of the majority of the meeting of the State Council during the long absence of the king in the capital became law. Moreover, it was not required to immediately inform the emperor about decision. These measures, which significantly increased the state significance of the Council, were considered temporary. However, when the Education was republished in 1832, they were fixed in it.
Since 1811, the State Council began to consider financial matters. For 1823-1825. several decrees were adopted, according to which the Council was empowered to consider estimates of income and expenditure of the two capitals, annually submitted by the Ministry of the Interior to the Department of State Economy.
At the same time, there was a significant restriction of the rights of the State Council. Thus, according to the "Education" of 1810, the ministers were to submit to the Council annual reports on the work done. However, since 1832, the discussion of even these annual reports was removed from the competence of the State Council. From that time on, the ministers and chief executives of individual parts of the ministries had to send their reports to the Committee of Ministers, a body that is small and much less accessible to the court of public opinion.
An important milestone in the history of the Council was the replacement of the "Establishment of the State Council" in 1810 by the new "Establishment of the State Council" in 1842.
The reason for the development of the "Institution" was the planned general re-edition of the "Code of Laws of the Russian Empire".
Work on the "Institution of the State Council" was carried out by a special committee chaired by Prince Vasilchikov. The committee included Counts V.V. Levashov, P.D. Kiselev, D.N. Bludov, V.G. Marchenko and State Secretary Baron M.A. Korf. The new document contained two sections: the first was called "Establishment of the State Council", the second - "Establishment of the State Chancellery". Each section consisted of three chapters.
Both the "Education" of 1810 and the "Institution" of 1842 defined the State Council as the highest in the state, a permanent body with legislative functions, designed to "establish order and implement the idea of legality."
So, from the moment of its creation in 1810 until the February Revolution, the State Council occupied a special place in the state mechanism of the Russian Empire. During all this time, his role has either intensified or weakened. However, legally, the State Council has always remained the highest legislative body of the empire. He streamlined the legislative process: experienced dignitaries subjected each incoming bill to thorough processing, achieving the most complete compliance of its norms with the interests of the state.
2. Reforming the State Council
State reforms of the 60-70s. reflected bourgeois tendencies in the development of the state apparatus, but at the same time sought to maintain the dominant position of the nobility in the political and state systems.
The emperor retained the status of an unlimited monarch enshrined in the Fundamental Laws of the Russian Empire: "God himself commands to obey his supreme power not only for fear, but also for conscience."
The State Council remained the highest advisory institution, which, in the course of the reform, was given the task of considering a large number of bills and codifying work.
The State Council was reformed and became the upper house, which had the same rights as the Duma. All bills adopted by the Duma were then to be submitted to the State Council, and only if adopted by the Council were submitted to the Emperor for approval. Half of the reformed State Council was made up of elected members, half were members "for the highest appointment", the chairman and vice-chairman were appointed annually by the emperor.
The elected part of the Council included representatives from the clergy, the Academy of Sciences and universities, zemstvo assemblies, from noble societies, trade and industry (98 members in total). The same number of members was annually appointed by the emperor to the second part of the Council from the highest state dignitaries. The same person could not simultaneously be a member of the State Duma and the State Council.
At the end of 1905 - the beginning of 1906, a number of Provisional Rules appeared: "On time-based publications", "For non-periodical press", "On societies and unions", "On meetings", which were in force until 1917.
The State Chancellery and the Council prepared the text of the repeatedly mentioned Fundamental State Laws, approved by Emperor Nicholas II on April 23, 1906.
On October 19, 1905, Witte was appointed chairman of the Council of Ministers. The Cabinet did not initially intend to draw up new Basic Laws. However, it soon became clear that the old laws (as amended in 1832) could not exist in parallel with the October 17 Manifesto.
It was supposed to publish the Basic Laws before the convocation of the State Duma. Thus, the authorities hoped to preserve broad powers by adopting a conservative constitution and not introducing parliamentarism in Russia.
The draft Fundamental Laws, prepared by a special commission, were submitted to the Council of Ministers in February. At the end of March, he went to the king, who convened a special meeting (under his chairmanship) for final revision. This Special Conference fulfilled the role that the Council of State was supposed to play.
The adoption of the Basic Laws and the restructuring of the central government on the basis of "legality" and "public involvement" required a revision of the principles of local government and self-government. In the declaration of the government (March 1906) 11 History of the state and law of Russia: textbook. allowance. - M .: TK Velby, Publishing House Prospekt, 2007. S. 231. proclaimed: the expansion of the competence of local governments, their expansion into new territories, the creation of a small zemstvo unit (village, volost management), the expansion of voting rights and their foundation is not on the land, but on the tax qualification. It was announced about the abolition of the institution of zemstvo chiefs, the concentration of all cassation functions in the Senate, the revision of tax and labor legislation, the streamlining of peasant land use and land management.
In the new version of the Fundamental Laws, the old definition of 1832 "the Emperor of Russia is an autocratic and unlimited monarch" was replaced by a new one: "The Emperor of All Russia owns the supreme autocratic power ... to obey his authority not only out of fear, but also out of conscience." The term "unrestricted" was dropped, but all the basic prerogatives of the imperial power remained.
The ambiguity of the wording gave grounds for the right and left factions of the Duma to assess the nature of the new state system differently: the former emphasized the "will of the monarch" and "autocracy", the latter emphasized the "will of the people" and the "constitution".
Legislative power was assigned to the State Duma and the State Council. Any law needed the approval of both bodies and approval by the emperor. In the event of the termination or interruption of the activities of the Duma and the State Council "under emergency circumstances," bills could be discussed in the Council of Ministers and approved by the emperor in the form of decrees. The effect of the decree was temporary and was subject to approval in the Duma and the Council within two months after the resumption of their work.
By changing the electoral law and granting greater rights to the Duma, the tsarist government carried out a reform of the State Council. From an advisory body under the emperor, it was transformed into an upper chamber that stood above the State Duma.
On February 20, 1906, the tsar's Decree "On the reorganization of the institution of the State Council" was issued. Until then, fully appointed by the emperor, the State Council began to consist of members "by the highest appointment" and an equal number of members by election. Members of the State Council were elected for 9 years, so that every three years one third of them left and new ones were elected. Elections of members of the State Council were made not by the population, but by a special list of noble societies, provincial zemstvo assemblies, large industrialists and merchants. Several people were elected by the Synod from the Orthodox clergy, 6 members of the State Council were elected from the Academy of Sciences and universities. Naturally, the big nobility dominated the State Council.
The chairman and vice-chairman of the State Council were appointed by the emperor. Under the State Council, the State Chancellery was preserved. The State Council received in the field of legislation the rights identical with the Duma. He had the right of legislative initiative, without his approval the bill was not submitted to the king for approval. But with the formal equality of rights, the State Council had priority over the Duma: the bill discussed in the Duma and the Council was submitted for approval to the emperor by the chairman of the State Council. The reorganization of the State Council, the creation of the upper chamber, which stood above the Duma, significantly limited the rights of the latter.
The most important issue discussed by both the first and second State Dumas was the agrarian one. On the agenda of the Duma were also bills on the abolition of the death penalty, on freedom of the press, conscience, assembly, unions, etc. Of these projects, only one was adopted - on the abolition of the death penalty (but it was later rejected by the State Council).
A definite result of the changes in the state system of Russia during the years of the first Russian revolution were the Fundamental Laws of the Russian Empire approved by the emperor on April 23, 1906 in a new edition. The main laws confirmed the creation of the State Duma, the reorganization of the State Council, the formation of a special government body in Russia - the Council of Ministers. But the Basic Laws were adopted in the conditions of the recession of the revolution, and the tsarist government, formulating the foundations of the state system of Russia, retreated from some of its promises given in the Manifesto of October 17, 1905.
The characterization of the emperor's power as "unlimited" power was removed from the Fundamental Laws. But the position of the supreme autocratic power of the emperor was preserved.
Basically, as before, the prerogatives of the power of the monarch were formulated: the power of administration in its entirety belonged to the emperor; he appointed and dismissed the chairman of the Council of Ministers, ministers and other senior officials; the emperor declared the areas in a military or exceptional position; declared war and concluded peace, as well as other treaties with foreign states; was the supreme leader of all external relations of Russia with foreign states; the emperor is the supreme commander-in-chief and some others. But according to Article 7, the tsar exercised legislative power "in unity with the State Council and the State Duma"11 Sekirinsky S. State Council in the power system of imperial Russia // Problems of theory and practice of management. - 2001. - No. 1. - S. 112. . Bills that were not adopted by the Council and the Duma were not subject to approval by the emperor and were considered rejected. This important provision was formulated even more clearly in Article 86: "no new law can follow without the approval of the State Council and the State Duma and take effect without the approval of the sovereign emperor."
The State Council and the State Duma retained the right of legislative initiative in accordance with the Basic Laws (on all issues, except for the provisions of the Basic Laws), retained the right to request; The Duma had the right to discuss and approve the budget (with significant restrictions introduced by a special tsarist Decree of March 8, 1906: The Duma did not have the right to reduce or change its expenditure part for departments of the military and navy, for spending on foreign loans, for departments of the imperial court, on some articles related to the Ministry of the Interior, and much more.Almost 2/3 of the budget was actually withdrawn from the competence of the Duma), heard the report of the state control on the execution of the budget; on the construction of state railways; on the establishment of joint-stock companies, if this required an exemption from the general legislation.
The basic laws formally had the character of a constitutional act.
In the historical and historical-legal literature there is no consensus on the significance of these changes in the state system of Russia.
Some authors believe that the changes that have taken place have not affected the unlimited power of the emperor, they do not recognize the Fundamental Laws of 1906 as an act of constitutional significance; others believe that, formally, the Basic Laws can be recognized as a constitutional act, but with the proviso that they were called upon by pseudo-constitutional forms to mask an unlimited monarchy in order to spread constitutional parliamentary illusions. It seems that the state system of Russia as a result of the first Russian revolution has undergone significant changes.
In some matters of state life, the unlimited rights of the king disappeared. This applied, first of all, to his former exclusive prerogatives in the field of legislation and the expenditure of public finances.
3. The role of the State Council in the system of central authorities during the period of the State Duma
In the early years of the twentieth century, the demand for the creation of a nationwide representative and legislative body in Russia became universal. It was implemented by tsarist manifestos and decrees in the autumn of 1905 - in the winter of 1906. The legislative function was assigned to the State Duma established for this purpose and the reformed State Council, which had existed since 1810. By a manifesto on February 20, 1906, the emperor established that "since the convocation of the State Council and the State Duma, the law cannot take force without the approval of the Council and the Duma. State The Council and the State Duma were to be convened and dissolved annually by imperial decrees.Both chambers were to independently check the credentials of their members.The same person could not simultaneously be a member of the State Council and the State Duma.
Both chambers enjoyed the right of legislative initiative (with the exception of the main state laws, the revision of which the emperor reserved). By general rule, legislative proposals were considered in the State Duma and, upon approval by it, were submitted to the State Council. But the legislative initiatives of the State Council had to be considered and approved first by it, and only after that go to the State Duma. After the approval of both chambers, the bills came to the discretion of the emperor. The State Council and the State Duma also received certain control powers: in the manner prescribed by law, they could apply to ministers and heads of state departments with inquiries about the decisions and actions of these departments and their officials if their legality was in doubt.
Comparison of this design with the European standards of that time allows us to conclude that, on the whole, the Russian parliament was quite consistent with them.
However, the first Russian parliament was unlucky twice. At first he was unlucky in history. It came into being too late, at a time when the contradictions that were tearing Russia apart had already passed that fatal point to which their peaceful, evolutionary resolution was possible. Inevitably reflecting these contradictions in its composition, it was powerless to lead the country away from revolutionary catastrophe, if only because different groups in it, in a diametrically opposite way, they imagined the desirable prospects for the development of the country. The establishment of the Bolshevik dictatorship was a political and personal tragedy for the overwhelming majority of Duma members - Cadets and moderates, Trudoviks and Social Democrats, and almost without exception - for members of the State Council - right, centrists, left.
But then the first Russian parliament was not lucky for the second time - in historiography: most of what is written about it is sustained in critical and even pejorative tones. The reasons for this are obvious: Soviet historiography was dominated by that ideological trend that parliamentarism condemned in principle and was not very discriminating in the choice of means of polemics with its opponents; abroad, witnesses and participants in the events of 1906-1917 set the tone, for whom polemics with political opponents were primary, and not taking into account the positive accumulated together with colleagues in the Duma from other factions.
Proponents of this view argue as follows. The long-standing and shared by the widest sections of society desire for transformations in the spirit of limiting autocracy by the institutions of people's rule was realized in Russia in the conditions of the revolutionary crisis in the autumn of 1905 in the form of the formation of the State Duma as a legislative body in the sense of the Manifesto of October 17, and not a legislative body, as was envisaged by the manifesto of August 6 the same year. The acts of February 20, 1906, which confirmed the legislative rights not only of the State Duma, but also established the corresponding rights of the State Council and determined the procedure for their interaction in the legislative process, i.e. a bicameral parliament was created, were essentially a counter-reform.
In signed by the Emperor under pressure from S.Yu. The Witte Manifesto of October 17 deals, in particular, with giving the further development of the principles of general suffrage to the newly established legislative order (i.e., the procedure established by the August Manifesto for the sequential consideration of bills by the State Duma, the State Council and, finally, the Emperor). In addition, a report by S.Yu. was published simultaneously with the Manifesto. Witte with the highest inscription "Accept to the leadership", which spoke directly about the transformation of the State Council as a participant in the legislative process "on the basis of the prominent participation of elected elements in it, because only under this condition is it possible to establish normal relations between this institution and the State Duma." Another thing is that the procedures for the work of the State Council with bills coming from the Duma, according to the plan of the designers of the first implemented project of Russian bicameralism, should not have repeated the procedures of the Duma (transmission to commissions, article-by-article discussions, etc.). Witte writes, this meant that the upper house would consider bills only in principle "and not agree with the Duma only in cases of disagreement in principle." It is not clear, however, how such an assembly as numerous and diverse in political and social composition as the reformed State Council could find out what is fundamental for it and what is not without a preliminary study of the bill in the commission.
The assessments of the reformed State Council as "a means conceived against the Duma" are also ambiguous. More precisely, this is true as a general methodological principle of world bicameralism in the 19th and early 20th centuries - the second chamber is a way of limiting the legislative omnipotence of the first. But in Russia at the beginning of the 20th century, the task was different. Before the adoption of the fundamental laws of 1906, all power, including the legislative one, was concentrated in the hands of the government apparatus headed by the Monarch.
In the course of the great reforms of Alexander II and the powerful economic and cultural growth of the last decades of the century, society reached a level of maturity and self-awareness at which it could no longer put up with its detachment from power. The revolutionary parties, including the Cadets from the end of 1905, demanded a radical change in the state of affairs - not only the creation of a representative body and its inclusion in the legislative process, but also the creation of a parliamentary majority government.
The salvation of Russia was in the reconciliation and union of these two forces, in their joint and harmonious work. The Constitution of 1906 - and this is its main idea - not only made such work possible, but made it obligatory. It opened the way for a legal and peaceful struggle between power and society. The State Council, in the form and with the powers that it acquired after the reform, was supposed to become the mediator and symbol of this "peaceful struggle." This is exactly what S. Yu Witte had in mind. "In order to lead Russia out of the nightmare she is experiencing, the State Duma cannot be placed along with the Sovereign. Between them, the State Council in a renewed composition must be placed. The Council must be the second chamber and be a necessary counterbalance to the Duma, moderating it."
Accordingly to this function - to dampen direct clashes between society in the person of the State Duma and the State in the person of the tsar - the State Council was built, representing the state with its appointed members, and the elite of society with its elected members. Under the same task, the powers of the State Council were determined. "The State Council and the State Duma enjoy equal rights in matters of legislation," article 106 of the Fundamental State Laws determined.
Conclusion
The nature and degree of power of the State Council in resolving cases depended on the political situation, but the State Council always remained a stronghold of the autocracy, expressing the interests of the nobility.
The reforms of the state apparatus at the beginning of the last century, on the one hand, contributed to the strengthening of the autocracy, on the other hand, they laid the foundations for the future bodies of the bourgeois state.
Based on the fact that the determining factor domestic policy tsarism was the existence of a contradiction between the developing capitalist mode of production and the dominant serf system, the work of the State Council shows the reasons for the emergence of reformist ideas and their features. The government's entry into the path of reform was explained by the fact that the most far-sighted representatives of the nobility came to the idea that in order to retain power it was impossible to preserve the existing socio-economic relations and the organization of the administrative apparatus intact.
The State Council was endowed with powers generally corresponding to the traditional functions of the upper houses of parliaments.
By the order and nature of its formation, it was a state body of national representation. The State Council was recognized by the world parliamentary community as a full-fledged upper house of the Russian parliament. The meetings of the renewed State Council began simultaneously with the meetings of the State Duma.
In fact, it can be considered a prototype of the modern apparatus of the legislative body, since it was engaged not only in paperwork, but also in bringing all legislative proposals to the stage of discussion in the Council. In addition, it was also entrusted with the development and publication of the Code of Laws.
List of used literature
1. Golikov V.M. The State Council in Russia in the first half of the 19th century. //
2. Isaev I.A. History of the state and law of Russia: textbook. - 4th ed., revised. and additional - M.: Prospekt, 2008. - 800 p.
3. Speransky M.M. Projects and notes. - M. - L., 1961.
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After the publication on August 6, 1905 of the law on the creation of the State Duma, the development of an appropriate transformation of the State Council began (see Formation of the State Council in 1810). One version of the reform was drawn up by the assistant chief of Ch. management of the local economy of the Ministry of Internal Affairs by S.E. Kryzhanovsky. He sought to "set up the State Council in such a way that its personnel, in addition to service experience and knowledge, also have social weight in the country, and would not seem to the State Duma to be just a council of officials, deciding their conclusions on the instructions of the highest authorities." According to Kryzhanovsky, the upper chamber should consist of, firstly, hereditary members from among the senior representatives of aristocratic families who, according to the emperor, distinguished themselves in state or public service, and secondly, life members appointed by the monarch from among persons who "declared themselves special works and knowledge in the field of public administration, public, scientific, industrial or commercial activities", thirdly, from elected members (1/2 general composition chambers) from noble societies and the largest landowners of the "native Russian provinces", commercial and industrial organizations, metropolitan universities, the Synod or a special Spiritual Cathedral. According to Kryzhanovsky, the Council with its proposed composition "will be a strong social force on which the government can always rely, and which will have extensive influence on the ground and will find significant support for its way of thinking and judgments in broad public circles."
A more moderate version of the reform was prepared in the State Chancellery under the leadership of the Chairman of the State Council, Mr. D.M. Solsky. It provided for the election of half of the members of the chamber for 10 years by the provincial election meetings for elections to the Duma (from the largest landowners), the Academy of Sciences and high fur boots, the All-Russian Congress of representatives of exchange trade and Agriculture, the Holy Synod and the highest bodies of non-Orthodox confessions. The appointed part of the chamber was not supposed to be reformed.
In October 1905, under the leadership of Solsky, these projects were brought together. At the same time, the project of the State Chancellery was taken as a basis. An increased representation of the Orthodox clergy was borrowed from Kryzhanovsky's text, but the guarantees he offered for the independence of members by appointment in the form of heredity and life tenure of their positions were not accepted. In connection with the publication of the manifesto on 10/17/1905, the project in November 1905 - January 1906 was revised by the Meeting to develop the necessary State institutions in the current Institution. council of changes headed by Solsky, which included ministers and prominent members of the Council (with the participation of Kryzhanovsky). It raised the age limit for elected members from 35 to 40 years, established the election of members of the Council from the territories by zemstvos and congresses of large landowners. At the suggestion of the St. Petersburg and Moscow marshals of the nobility, Count. V.V. Gudovich and Prince. P.N. Trubetskoy introduced the representation of the local nobility (which Kryzhanovsky had, but was not included in the October draft). The representation of non-Orthodox clergy was excluded and the division of members by appointment into those present and those not present was established.
In connection with the provision of State Duma legislative rights Meeting decided to put in a similar position and the State. advice. All judicial and administrative (except for the approval of the contingent of recruits), as well as some categories of financial and legislative cases, which it was decided not to submit to the Duma, were withdrawn from its jurisdiction. By analogy with it, the Council received a more definite right of legislative initiative and some control powers.
The greatest controversy was caused by the question of the relationship between the legislative rights of the Duma and the Council. Several ministers (chief manager of land management and agriculture N.N. Kutler, chief procurator of the Holy Synod, Prince Alexei D. Obolensky) proposed to give the upper house only the right of suspensive veto, establishing that the bills rejected by the Council, but re-approved by the Duma 2/3 of the votes submitted to the Emperor for approval. Previous Council of Ministers S.Yu. Witte hesitated. All other dignitaries strongly insisted on the equality of the chambers and the absolute veto of the State. advice. At the II Tsarskoye Selo Conference (February 1906), the project was finally approved with a number of minor amendments. On the question of the upper chamber's veto, Nicholas II agreed with the majority. 20/2/1906 was published on the reorganization of the institutions of the State Council.
Then in the State Chancellery under the direction of the Secretary of State bar. Yu.A. Ikskul von Hindelbandt prepared a draft of a new Establishment of the Council of State, which combined Decree 20.2, some of the decrees of the forthcoming Decree of April 23, 1906 on the abolition of the Committee of Ministers and the provisions of the Institution of the pre-reform Council that remained in force. This document was approved by the meeting of Solsky and approved by the imperial decree on April 24, 1906. This law was in effect until 1917 and is brought to the attention of readers.
The reform of the State Council did not raise objections only in conservative circles. His equality with the Duma and the right of an absolute veto caused a negative attitude even among the liberals, the vast majority of whom were in favor of a bicameral system.
Members of the reformed State Council by appointment continued, with a few exceptions, to represent the highest bureaucracy and saw the emperor and, to some extent, the government as superiors. Meanwhile, it was they who played the leading role in the Council, because they were more educated, more competent and more united than their elected colleagues, belonging to different regions and social strata, sometimes distrustful of each other and often busy with affairs outside the upper chamber.
Therefore, the State Council basically played the role of an arbiter in the clashes between the government and the Duma, in the vast majority of cases supporting the former and softening the radicality of the Duma reforms. However, it was up to the Duma to determine the direction of the legislation.
Introduction.
1. The State Council draws up a state regulation, in which legislative proposals are discussed that ascend to the supreme autocratic power in accordance with the force of the Fundamental State Laws and in the manner established in this Establishment and in the Establishment of the State Duma. In the State Council, departments and special presences are also formed to consider cases assigned to the jurisdiction of these.
2. The State Council is formed from members appointed by the highest appointment and members by election.
3. The Chairman and Vice-Chairman of the State Council are appointed annually by the highest authority from among the members of the Appointment Council. The vice-chairman of the Council, in the absence of the chairman, performs the duties of the latter, at the rest of the time he participates in meetings of the Council as a member.
4. Each of the members, upon entering the State Council, signs the oath in the form attached hereto.
5. The State Council, in matters proposed to it, enjoys all freedom of opinion.
6. It is forbidden for deputations to appear in the State Council, as well as to submit verbal or written statements and requests.
7. The Chairman of the Council of State annually submits to the highest consideration the most sublime report on the activities of the Council for each past session.
8. The State Chancellery is organized for the execution of affairs by the Council of State.
Section one. About the State Council.
Chapter first. On the members of the State Council.
9. The total number of members of the Council of State, called by the highest authority to be present in the Council from among its members by the highest appointment, should not exceed total number members of the Board of Elections. The composition of the members present in the Council by the highest appointment can be replenished from among these members, both not present in the Council, and newly appointed. Members for the highest appointment are dismissed only at their request.
10. The composition of the members of the Council for Elections can be replaced by a new composition before the expiration of the term of office of these members (Article 18) by decree of the Imperial Majesty, who also appoints new elections of members of the Council.
11. The composition of the members present in the Council for the highest appointment, as well as members by election, is annually published for general information..
12. Members of the State Council are elected by elections: 1) from the clergy of the Russian Orthodox Church, 2) from provincial zemstvo assemblies, 3) from noble societies, 4) from the Imperial Academy of Sciences and Imperial Russian Universities, 5) from the Council of Trade and Manufactories, Moscow its departments, local committees of trade and manufactories, stock exchange committees and merchant councils.
Note: The rules on the election of members of the State Council from provincial zemstvo assemblies in the provinces, in which zemstvo institutions were introduced on the basis of the Regulations approved on June 12, 1890, as well as the rules on the election of members of the State Council from landowners in the provinces: Astrakhan, Vilna, Vitebsk, Volyn, Grodno, Kyiv, Kovno, Courland, Livonia, Minsk, Mogilev, Orenburg, Podolsk, Stavropol and Estonia, in the region of the Don army and in the provinces of the kingdom of Poland, with this, they are attached.
13. From the clergy of the Orthodox Russian Church are elected by the Holy Synod in the manner determined by them with the highest approval, six members of the State Council: three from the monastic Orthodox clergy and three from the white Orthodox clergy.
14. Each provincial zemstvo assembly elects one member of the State Council.
15. Noble societies in provinces and regions in which nobility elections are heldeach elect two electors from their midst. The congress of these electors gathers in St. Petersburg and elects eighteen members of the State Council from among themselves.
16. The Imperial Academy of Sciences and each Imperial Russian Universitythree electors are elected: the Academy in the full academic assembly elects them from among ordinary academicians, and the council of each university from among its ordinary professors. The congress of these electors meets in St. Petersburg and elects from among its members six members of the State Council.
17. Council of Commerce and Manufactorieselects four electors, including two from commerce and two from industry. Moscow branch of this Council, as well as Ivanovo-Voznesensk, Kostroma and Lodz committees of trade and manufactories - two electors from industry, other committees of trade and machineries- one elector from industry; exchange committees: St. Petersburg and Moscow (general exchanges) - four electors each, including two from industry and two from trade, Warsaw, Odessa, Kyiv, Nizhny Novgorod, Riga, Rostov-on-Don, Kharkov (general stock exchanges), Samara, Saratov, Lodz, Libau, Yekaterinburg, Perm, Tomsk and Omsk - two electors each, including one from industry and one from trade, the committee of the Kharkov Coal Exchange - one elector from industry, all other exchange committees, as well as merchant councils - one elector from trade. The congress of these electors meets in St. Petersburg and elects from among its members twelve members of the State Council, including six from industry and six from trade..
18. Members of the Council of State are elected for a period of 9 years, so that every three years one third of each category of these members leaves in the next order. In cases where the number of members of a given category is not divisible by three, the number of members exceeding the number divisible by three is eliminated in the last third. Instead of a third of the members of the Council retiring by the expiration of the three-year term, the same number of members of the Council of the corresponding retiring categories are elected by the subject regulations. Members of the Council retiring in a regular order may be re-elected.
Note: In the first elections following the issuance of the decree on February 20, 1906 (sobr. Uzak., 198), the full number of members of the Council is elected so that after the first three years from the date of the election, one third of each category of the initial composition of members, and after at the end of the second triennium, the other third of each category of the same composition of members was eliminated by lot, observing the rules established in this (18) article..
19. The election of the members of the Council of State is carried out by the congresses (art. 15-17) under the chairmanship of persons chosen by them from among themselves.
20. The following cannot be elected as members of the State Council: 1) persons under the age of forty, 2) who have not completed the course at least in secondary educational institutions or who have not passed the relevant test, 3) foreign nationals and 4) persons referred to in paragraph 1 of Article 6 and in Articles 7 and 8 of the Regulations on elections to the State Duma, persons not participating in elections to the Duma.
21. Elections are made by secret ballot by ballots or by ballots. Those who received more than half of the votes of the electorate in order of the majority of votes are considered elected; in the case of their equality, the election is determined by lot. If the number of those who receive more than half of the votes does not reach the number of electors or members of the Council of State to be elected, then on the following day a by-election of the missing number of electors or members of the Council is held. If these by-elections are unsuccessful, on the third day, a final election of the missing number of electors or members of the Council is held, with those receiving a relative majority of the votes considered elected.
22. Complaints about the incorrectness of the election of members of the State Council are brought to the name of the Council. These complaints are filed within three days from the date of closing of the electoral meeting or congress to its chairman and forwarded by him with his explanations to the Council within a week from the date of receipt of the complaint.
23. In the event of the abolition of all electoral proceedings, the State Council shall conduct new elections subject to the regulations. In the event of annulment of elections, in relation to individual members of the Council, those of the persons following them who received the majority of votes during the elections take their place in order of seniority of electoral points. If there are no such persons, then new elections are held by the relevant electoral meeting or congress.
24. In the event of a member's withdrawal from the Council of State by election, if more than a year remains before the end of the term for which he was elected to the Council, the retired member, for the remaining term of his office, replaces the person following him in the order of seniority of electoral points, who received majority of votes in elections. If there is no such person, then new elections are held by the relevant electoral meeting or congress.
25. Clarification of doubts regarding the application of the decisions of this Institution regarding the election of members of the State Council belongs to the Governing Senate, and these matters are resolved in its first department in the manner indicated in Art. 21 Regulations on elections to the State Duma.
26. Members of the State Council for Elections are not obliged to report to their constituents and, with regard to freedom of opinion and opinion in matters subject to the jurisdiction of the Council, they are subject to the relevant rules established for members of the State Duma.
27. Members of the State Council for Elections regarding the deprivation or restriction of their personal freedom and temporary removal from participation in meetings of the Council, as well as the conditions and procedure for renouncing the title of a member of the Council, resigning this title and leaving the Council in the cases specified in Article 17 , paragraphs 1 and 2 of Article 18 and Article 19 of the State Duma, are subject to the relevant rules established for members of the State Duma.
28. Members of the State Council for Elections during its session receive a daily allowance from the treasury in the amount of twenty-five rubles a day each. In addition, the said members of the Council are reimbursed from the treasury once a year for travel expenses at the rate of 5 kopecks per verst from their place of residence to St. Petersburg and back. The aforementioned members of the Council, if they hold other positions to which the allowance has been assigned, receive it only in case of refusal of the daily allowance.
Chapter two. On the order of proceedings in the State Council.
29. Draft laws come to the State Council from the State Duma (Constituent State Duma, Art. 49). Bills drawn up on the initiative of the State Council are submitted to the Council either by the ministers and chief executives of individual parts, or by commissions formed from members of the State Council (Article 56 of this Constitution).
30. The duration of the annual sessions of the State Council and the timing of breaks during the year are determined by decrees of the Imperial Majesty.
31. For the legal composition of the meetings of the Council of State, the presence of at least one third of the total number of this composition of members of the Council is required, without distinction of members by the highest appointment or by election.
32. It is up to the State Council to submit for preliminary consideration the bills drawn up on its initiative or transferred from the State Duma and approved by it to special commissions formed by the Council from its midst..
33. Meetings of the State Council, as well as commissions formed by the Council, are appointed, opened and closed by the chairmen.
34. Judgments of the Council of State on a case are terminated if it is recognized as sufficiently clarified by a decision of the Council..
35. Ministers and chief executives of separate parts may be present at meetings of the Council of State, but they have the right to vote only if they are members of the Council.
36. The Council of State may apply to the ministers and chief executives of individual units for clarifications directly related to the cases considered by it. Ministers and governors-in-chief have the right to refuse to provide explanations to the Council on such subjects, which, for reasons of state order, are not subject to disclosure. Likewise, ministers and governors-in-chief must be heard in the meeting of the Council of State every time they declare it.
37. Explanations are communicated in the manner indicated by the previous (36) article by the ministers and the chief executives of individual parts, both personally and through their comrades or heads of separate parts of the central administration. Information on special subjects can be presented by them with the assistance of other officials in charge of affairs on the aforementioned subjects.
38. Neither unauthorized persons nor representatives of the press are allowed to the meetings of the commissions formed by the State Council.
39. The Chairman of the State Council is allowed to allow the presence in the meetings of its general meeting, except for closed meetings, by unauthorized persons in a number not exceeding the number of seats allocated for them in compliance with the established rules.. It depends on the Chairman of the Council to allow, in compliance with the same rules, to attend the meetings of its general meeting, except for closed meetings, representatives of published time-press publications in a number not exceeding the number of seats allocated for them, but not more than one from a separate publication. Members of the State Duma, senators and persons of the diplomatic corps have the right to attend meetings of the general meeting of the State Council, except for closed meetings. In case of violation by the persons admitted to the meeting of the correctness of its course, they are removed from the meeting by order of the Chairman of the Council.
40. Closed meetings of the general meeting of the State Council are appointed by decision of its general meeting or by order of the chairman of the Council. By order of the Chairman of the Council, closed meetings of its general meeting are appointed even if the minister or the chief administrator of a separate part, whose departments concern the case subject to consideration by the Council, declares that it, for reasons of state order, should not be subject to disclosure.
41. Reports on all meetings of the general meeting of the State Council are compiled by sworn stenographers and, upon approval by the Chairman of the Council, are allowed to be published in the press, except for reports on closed meetings.
42. From the report on a closed session of the general meeting of the Council of State, those parts may be subject to publication in the press, the publication of which is considered possible either by the chairman of the Council, if the meeting was declared closed by decision of the Council or by order of its chairman, or by the minister or the chief executive of a separate part, if the meeting was declared closed as a result of their statement to that effect.
43. The Council of State may initiate proposals for the abolition or amendment of existing laws and the issuance of new laws (Articles 54-56), with the exception of the Fundamental State Laws.
44. The Council of State may apply to the ministers and chief administrators of individual parts, subordinate by law to the Governing Senate, with inquiries regarding such persons who have followed from their side or under their jurisdiction and the establishment of actions that seem illegal (Articles 57-59).
45. A bill drawn up on the initiative of the Council of State may be withdrawn by the Minister or Chief Executive of a separate part who introduced it, only with the consent of the Council. A bill drawn up at the initiative of the State Duma and, upon its approval, received by the Council, cannot be taken back by the minister or the chief executive who introduced such a bill to the Duma.
46. The decision of the State Council on the cases considered by it honors the opinion adopted in its general meeting by a majority of votes. If the votes are equally divided, a new vote shall be taken. If there is still no majority vote, then the vote of the Chairman of the Council shall prevail. The decision of the Council to cancel the elections to the members of the Council due to the incorrectness of these elections shall take effect if adopted by a majority of two-thirds of the current members of the Council.
47. Bills received by the State Duma and approved by it are transferred to the State Council. Draft laws drawn up on the initiative of the State Council and approved by it go to the State Duma.
48. Draft laws not adopted by the State Council or the State Duma are recognized as rejected.
49. In cases where the State Council, without rejecting the draft law approved by the State Duma, considers it necessary to amend it, the case for its new consideration may be either returned to the Duma by a decision of the Council, or transferred to a special commission formed from an equal number of members. from the State Council and the State Duma, at the choice of the Council and the Duma, according to their affiliation. The commission is chaired by one of its members at the choice of the commission itself. From the commission, the case with its conclusion is submitted to the State Duma and receives further movement in the prescribed manner.
50. Draft laws received by the State Duma and approved both by it and the State Council, as well as draft laws planned on the initiative of the State Council and approved by both it and the State Duma, are submitted Imperial Majesty.
51. Bills drawn up on the initiative of the State Council or the State Duma and not awarded the highest approval cannot be submitted for legislative consideration during the same session. Bills drawn up on the initiative of the State Council or the State Duma and rejected by one of these regulations may be submitted for legislative consideration during the same session, if the highest command follows.
52. In the event that a meeting of the Council of State does not take place due to the non-arrival of the prescribed number of its members (Article 31), the case to be considered, if it is recognized as urgent by the minister or the chief administrator of a separate part, is appointed for a new hearing no later than two after the failed meeting weeks. At such a hearing, the case is considered, no matter how many members of the Council come to the meeting.
53. Projects of the state list of income and expenses are considered by the State Council in compliance with the Rules on the procedure for considering the state list of income and expenses, as well as on the production of expenses from the treasury that are not provided for by the list.
54. The members of the Council of State shall submit a written application to the Chairman of the Council of State regarding the repeal or amendment of an existing law or the issuance of a new law. An application for amending an existing or issuing a new law must be accompanied by a draft of the main provisions of the proposed change in the law with an explanatory note to the draft. If this statement is signed by at least thirty members, then the chairman submits it to the State Council for consideration.
55. On the date of the hearing in the State Council of the application for the repeal or amendment of the existing law or the issuance of a new law, the ministers and the chief administrators of the individual parts, to the subjects of the department of which the application relates, are notified, with communication to them of copies of the application and the annexes related to it no later than one month before the day hearing.
56. If the Council of State shares the considerations set out in the application on the desirability of repealing or amending the existing or issuing a new law, then the relevant bill is developed and submitted to the Council of State by the relevant minister or the chief executive of a separate part. In the event that the minister or the chief executive refuses to draw up such a project, the State Council may form a commission from among its members to develop it..
57. The members of the Council of State shall submit a written application to the Chairman of the Council of State about the communication of information and explanations regarding such actions followed by the ministers and chief executives of separate parts, as well as persons and institutions subordinate to them, actions that seem illegal. If the statement is signed by at least thirty members, then the chairman submits it for discussion by the Council of State.
58. An application accepted by a majority of the members of the Council of State (Article 57) shall be communicated to the responsible minister or the head of the separate department, who, no later than one month from the date of transmission of the application to them, either provide the Council of State with appropriate information and explanations, or notify the Council of the reasons for which they are deprived opportunity to provide the required information and clarifications.
59. If the Council of State, by a majority of two-thirds of the members, does not consider it possible to be satisfied with the report of the minister or the chief administrator of a separate part (Article 58), then the case is submitted by the chairman of the State Council to the highest favor.
60. The details of the internal order in the State Council are determined by the Order issued by the Council. This order is published for general information through the Governing Senate.
61. The rules on the admission of outsiders to meetings of the State Council and on the maintenance of proper order in the premises of the Council are drawn up by agreement between the Chairman of the State Council and the Chairman of the Council of Ministers and are approved by the highest authority.
Chapter three. On the procedure for submitting bills for the highest approval.
62. Draft laws approved by the State Council and the State Duma are presented to the Imperial Majesty by the Chairman of the State Council.
63. Bills that do not receive the highest approval are reported by the secretary of state in charge.
64. Regulations are issued with the handwritten signature or approval of the Imperial Majesty with an explanation in them that they followed with the approval of the State Council and the State Duma. The handwritten approval of individual legal provisions is expressed by the words: "Be according to this."
65. Legislative provisions are sealed by the Secretary of State with an indication of the place and time of their approval.
Section two. Of Departments and Special Presences in the Council of State
Chapter first. About departments
66. The State Council consists of two departments: the first and second.
67. Departments are formed from chairmen and members annually appointed to them by the highest authority from among the members of the State Council for the highest appointment. The position of chairman of the department in the event of his illness or absence, when another member of the State Council is not appointed to that by His Imperial Majesty, replaces the senior in the rank of the available members of the department.
68. The first department is subject to:
1. cases on the establishment of reserved estates;
2. cases on approval in honorary ranks (princely, count and baronial) and on the transfer of surnames, coats of arms and titles by nobles;
3. cases from the general meetings of the Governing Senate on the basis of its Institution received;
4. cases of responsibility for criminal acts committed by members of the State Council and members of the State Dumain the performance or in connection with the performance of the duties incumbent on them by these ranks, as well as on responsibility for violating the duty of service of the chairman of the Council of Ministers, ministers, chief executives of individual units, governors and governors-general and on bringing to justice for crimes the positions of other higher ranks occupying positions of the first three classes;
5. cases on the use of property and capital donated for a specific need to the treasury, zemstvo, city or any society, institution, etc., if the use of these properties or capital in accordance with the purpose indicated by the donor becomes impossible due to changed circumstances (legal civil ., item 986).
69. The second department is subject to:
1. cash report of the Minister of Finance;
2. annual reports of the State Bank and state savings banks;
3. annual reports of the State Noble Land and Peasant Land Banks;
4. reports of the St. Petersburg and Moscow loan treasuriesin case of disagreement between the Minister of Finance and the Auditor General;
5. annual report on the operation of issuing loans for agricultural improvements;
6. cases on permitting the construction of private railways, if no allocation of funds from the treasury is required, as well as cases on the construction of sidings in cases where this requires the highest permission (Pol. access. put., art. 22, paragraph 1 );
7. cases on the choice of ways to satisfy the government on its claims to the railways, taken into public administration from insolvent companies (Ust. zhelezn.dor., ed. 1886, item 143);
8. cases on the formation and allotment, as well as the sale of plots of state land in the cases specified in Articles 112 and 115 of the Appendix to Article 28 and in Article 7 of the Appendix to Article 29 of the Charter of Agriculture (ed. 1903);
9. cases of granting, in the case specified in Article 14 of the Appendix to Article 28 of the Charter of Agriculture (ed. 1903), free state plots for hereditary use and other cases of allotment of state land plots for use.
70. In addition to the cases referred to in Articles 68 and 69, departments are also subject to cases on the basis of special laws, as well as those introduced by special royal orders. These cases are distributed among the departments according to the decision of the joint presence of the departments.
71. Departmental meetings are adjourned for the summer months. The duration of the vacant time in the departments is determined by special royal decrees for each year, announced by the chairman of the State Council.
72. Cases in the departments come from the ministers and chief executives of individual parts.
73. Meetings of departments are appointed, opened and closed by their chairmen.
74. Members who do not belong to the department may also take part in the departments at the invitation of the chairman. Persons without the right to vote may be invited to the department by the chairman thereof, from whom, by the nature of the case, useful explanations can be expected. The ministers and the chief executives of separate parts, regarding the invitation to the departments of persons who can be useful with their explanations, communicate with the chairman of the subordinate department.
75. Ministers and chief executives of individual parts are not obliged to be present on their affairs in the departments, but may, when they consider it necessary, present explanations to their departments personally or through comrades, or heads of individual parts of the central administration. In the same way, departments, when they see fit, may, through their chairmen, invite ministers and governors-in-chief to their meetings.
76. Neither outsiders nor representatives of the press are allowed to attend meetings of the departments of the State Council.
77. When the first department of the State Council sees that in a case received from the Senate there are such documents that were not sufficiently respected and considered by the Senate or were not at all in mind when deciding the case, then the department may refer the case to the Senate for a new consideration. and decision.
78. The case submitted by the minister or the chief administrator of a separate part, which was not heard in the department, is returned to them in case of their declared desire. The case heard in the department is returned to the minister or the head of a separate unit at their request with the permission of the department.
79. Cases in departments are decided by majority vote.
80. Ministers and chief executives of separate parts have the right to vote only if they are members of the Council of State.
81. For each case heard in the department, a separate journal is drawn up, which is signed by the chairman and members.
82. The provisions of the departments are presented in memorials directly to the highest consideration.
83. Departmental memorials are signed by the chairmen of the respective departments and countersigned by the secretary of state.
84. Execution of the affairs of the departments is carried out either by nominal decrees, or by the highest orders announced by the chairmen of the departments.
85. Directly in the departments, without presentation to the highest discretion, the following ends: 1) cases submitted to the department only for its information; 2) cases in which the representation of the minister or the chief executive of a separate part, by agreement with him, is returned to him; 3) cases to which only a legal direction is given, when this direction, by its nature, does not require the highest permission.
86. Cases of liability and bringing to trial of the persons named in paragraph 4 of Article 68 are carried out in the manner indicated in the following (87-95) Articles.
87. Reports and complaints containing allegations of criminal acts referred to in article 68, paragraph 4, are submitted to the highest discretion.
88. Reports and complaints awarded with the highest respect are addressed to the first department of the State Council.
89. The Department informs the accused of both the charges and the available evidence and requires them to explain.
90. After examining the submitted explanations and collecting information that will be necessary to clarify the case, the department draws a conclusion on the further direction of the case.
91. When, due to the circumstances of the case, a preliminary investigation becomes necessary, the conduct of such an investigation is entrusted to one of the senators of the cassation departments for the highest appointment, and the duties of a prosecutor for this investigation are performed by the chief prosecutor of the criminal cassation department.
92. The completed investigation is entered upon the conclusion of the chief prosecutor of the criminal cassation department on the further direction of the case to the first department of the State Council, which decides on the termination of the ongoing prosecution, or on the imposition of a penalty on the accused without trial, or on bringing the accused to court. With regard to members of the State Council and the State Duma, the department decides either to stop the prosecution that has begun or to bring the accused to trial.
93. A decision made in the department (arts. 90 and 92) to dismiss the case, bring it to trial or impose a penalty without trial is submitted to the highest discretion.
94. The decision of the department on the conduct of the preliminary investigation (Articles 90 and 91) applies for execution without asking for the highest approval.
95. The presentation of the department, honored with the highest approval, to bring to trial a member of the State Council, a member of the State Duma, the chairman of the Council of Ministers, a minister, the head of a separate part, a governor or a governor general, serves as the basis for an indictment, which is drawn up by the chief prosecutor of the criminal cassation department and submitted by him to Supreme Criminal Court.
Chapter two. On the special presence in cases of forcible alienation of real estate and remuneration of their owners.
96. The special presence in cases of expropriation of immovable property and remuneration of their owners consists of four members of the Council of State appointed by the highest authority for the highest appointment, with the assignment of the duties of chairman to one of them at the highest discretion.
97. Cases on the forced alienation of immovable property, their temporary occupation and the establishment of the right to participate in the use of them for state or public benefit, as well as cases on remuneration of private persons for property alienated or temporarily occupied for state or public benefit, are subject to consideration by the presence.
98. Special attendance is subject to the rules laid down in chapter one of this section in relation to the departments of the Council of State.
Chapter three. On the special presence for the preliminary consideration of the most subjective complaints against the decisions of the departments of the Governing Senate.
99. The Special Presence for the Preliminary Consideration of the Most Subservient Complaints against the Decisions of the Departments of the Governing Senate consists of the Chairman and four members appointed by the highest authority from among the members of the State Council for the highest appointment and senators. The Chief Executive of His Imperial Majesty's Chancellery participates in the acceptance of petitions, when he considers it necessary, in the meetings of the presence.
100. In addition to the complaints indicated in the previous (99) article, coming from the chief administrator of the office of his imperial majesty for the acceptance of petitions, no other complaints, petitions, explanations, documents or other papers are accepted by special presence from anyone.
101. Participants in the case and outsiders, as well as representatives of the press, are not allowed to attend meetings.
102. According to the complaints brought after 4 months from the date of the announcement of the appealed ruling or from the time of bringing it into force, the presence decides on leaving them without consequences.
103. A report on complaints filed within the established time limit (Article 102) is made orally and consists of a presentation of the essence of the complaint, the circumstances of the case and the issues arising in the case regarding the content of the complaint.
104. Based on the report and discussion of the complaint, the presence, without resolving the case on the merits, decides on the extent to which the explanations set out in the complaint can serve as sufficient grounds (Const. Sen., Art. 217, Prod.; Law. Court. Civ. ., article 351, Law of the Court of Justice, article 439) to transfer the case for consideration by the general meeting of the Senate.
105. Unanimous conclusions of the presence, as well as those followed between members different opinions are thrown at the most merciful sovereign emperor discretion.
106. The highest orders, followed by the conclusions of the Special Presence, are reported to the chief administrator of the office of his imperial majesty for the acceptance of petitions for announcement to the persons who have brought complaints.
107. Relations of the presence with all places and persons are conducted through the chairman of the presence.
Section three. About the state office.
Chapter first. On the composition and organization of the State Chancellery.
108. The main administration of the State Chancellery is entrusted to the Secretary of State. The work of the Secretary of State is shared by the Deputy Secretary of State, having the rights of Deputy Minister.
109. The Secretary of State has supreme control over the State Printing House, the library of the State Council and the buildings of the Mariinsky Palace, the archives of the State Council and a separate house of the State Chancellery.
110. In addition to the duties of office work in the State Council, as well as in departments and special presences, the State Chancellery is also entrusted with the development and publication of the Code of Laws and local laws of the Russian Empire and the Complete Collection of Laws.
111. Within the State Chancellery, departments are formed, managed by secretaries of state or, by order of the secretary of state, by assistant secretaries of state with the rights of secretaries of state. Officials of the State Chancellery: assistant secretaries of state, clerks, forwarders and other ranks are assigned to departments by the secretary of state.
112. The bailiff of the State Council with assistants and sworn stenographers are attached to the State Chancellery.
113. Classes of posts, salaries of maintenance and discharges of pensions of ranks of the State Chancellery are determined by the State. The bailiff of the State Council is equated in terms of service advantages with assistant secretaries of state, and assistant bailiffs - with senior clerks.
114. The Secretary of State is entitled to: 1) determine the number of clerks and other officials of the State Chancellery appointed by him, as well as officials of the management of the State Printing House, without going beyond the amounts allocated by the states of each of these establishments; 2) to determine salaries for sworn stenographers, without going beyond the total amount allocated for this subject; 3) distribute cases among departments of the office; 4) determine the order of office work in the office and the duties of its officials, as well as the order of their presence in meetings.
115. The Secretary of State, Assistant Secretary of State, Secretaries of State, Assistant Secretaries of State and the Head of the State Printing House are appointed and dismissed by decrees of the State Council with the highest signature in his own hand. The determination and dismissal of all other officials of the State Chancellery and the State Printing Office is at the discretion of the Secretary of State.
116. Officials of the State Chancellery are prohibited from disclosing information that they have become aware of due to their official position, if this information is not subject to disclosure.
117. The archive is intended to store the files of the Council of State, as well as other files on special royal orders.
118. The State Printing House is managed on the basis of a special Regulation on it. Regarding the management of the economic part of the buildings of the Mariinsky Palace, the archives of the State Council, a separate house of the State Chancellery, as well as the State Printing House, special rules have been issued.
Chapter two. On the procedure for publishing the Code of Laws and Local Laws and the Complete Collection of Laws of the Russian Empire.
119. The Code of Laws and Local Laws, as well as the extensions to the Code (Article 124) and the Complete Assembly, are drawn up by order of the Secretary of State on the basis of specially established rules.
120. In matters relating to the issuance of the Code and the Complete Collection of Laws and subject to the direct permission of the Sovereign Emperor, the Secretary of State requests the orders of His Imperial Majesty by all-subject reports.
121. In those cases when, during the preparation of a new edition of the Code of Laws or when new legislation is introduced into it, issues arise that cannot be resolved by the codification procedure, and also when the incompleteness or insufficiency of the current law is revealed, the Secretary of State or Minister, to the department to which the subject relates, are included with the idea of clarifying, amending or supplementing the subject articles of the Code or other legalizations.
122. On all issues that may arise in the preparation of a new edition of the Code, on which it seems necessary to bear in mind the conclusion of ministries and main departments, the Secretary of State enters into relations with the ministers and chief executives of individual parts according to their affiliation, and, if necessary, he forwards to them for consideration and most drafts of a new edition of individual parts of the Code.
123.New editions of individual volumes or parts of the Code of Laws are promulgated by the Governing Senate in accordance with the established procedure on the basis of the highest orders announced by the Secretary of State.
124. The code of laws, upon its publication, is supplemented by newly issued legalizations by means of continuations of regular and consolidated ones, which are issued as needed and promulgated in the manner specified in Article 123.
Applications.
Annex to Article 4. Form of oath of members of the Council of State.
“We, the ones named below, promise before Almighty God to fulfill the duties entrusted to us as members of the State Council to the utmost of our understanding and strength, remaining faithful to His Imperial Majesty the Sovereign Emperor and Autocrat of All Russia and mindful only of the good and benefit of Russia, in witness of which we personally sign.
Appendix to article 12 (note). Rules on the election of members of the State Council from provincial zemstvo assemblies, as well as members of the State Council from landowners in the provinces: Astrakhan, Vilna, Vitebsk, Volyn, Grodno, Kyiv, Kovno, Courland, Livonia, Minsk, Mogilev, Orenburg, Podolsk, Stavropol and Estland , in the region of the Don army and in the provinces of the Kingdom of Poland.
1. In the provinces in which zemstvo institutions have been introduced, on the basis of the highest Regulations approved on June 12, 1890 (Consolidated Law, vol. II, ed. 1892), elections of members of the State Council are carried out in provincial zemstvo assemblies in the composition indicated Regulation determined, on the grounds set forth in articles 2-4, 9 and 10 of this application.
2. Each provincial zemstvo assembly elects one member of the State Council from among: 1) persons who own in the province on the right of ownership or lifelong possession, and in relation to mining dachas also on the right of possession for at least three years, the space of the land taxed for zemstvo duties , three times the amount of land, giving the right to direct participation in Zemstvo election meetings, and 2) persons owning in the province by right of ownership or lifelong possession, and in relation to mining dachas also on the right of possession for at least the same three-year period, the space of land taxed on zemstvo duties, giving the right to direct participation in zemstvo electoral meetings, if these persons have served at least two elective terms in the positions of provincial or district marshal of the nobility, chairman of the provincial or district zemstvo council, mayor or honorary election of a justice of the peace.
3. St. Petersburg, Moscow and Kherson provincial zemstvo assemblies are allowed to choose one member of the State Council not only from among the landowners indicated in the previous (2) article, but also from persons owning in St. Petersburg, Moscow and Odessa on the right property or lifetime possession for at least three years of immovable property valued for the collection of a Zemstvo tax of not less than forty-five thousand rubles, or valued on the same basis not less than fifteen thousand rubles, if the owner of the property has served at least two elective terms in those listed in Article 2 this application posts.
4. Lists of persons entitled to be elected members of the State Council are compiled by the county zemstvo councils. These lists for the provinces of St. Petersburg, Moscow and Kherson are supplemented with information about the persons mentioned in Article 3 of this appendix, based on reports from the city governments of St. Petersburg, Moscow and Odessa. The lists drawn up in this way are reported by the county governments to the governor, by whose order they are published in local bulletins no later than 2 weeks before the elections. Within a week from the date of publication of the lists, complaints about their incorrectness and incompleteness can be submitted to the provincial commission for elections to the State Duma. The decisions of the provincial commission are considered final and are not subject to appeal.
5. Until the opening of zemstvo institutions in the provinces: Astrakhan, Vilna, Vitebsk, Volyn, Grodno, Kyiv, Kovno, Courland, Livonia, Minsk, Mogilev, Orenburg, Podolsk, Stavropol and Estland, in the region of the Don army and in the provinces of the kingdom of Poland, elections of members of the State Council from the landowners of these provinces and regions are made on the grounds set forth in the following articles (6-10) of this appendix.
6. In the provinces of Astrakhan, Vilna, Vitebsk, Volyn, Grodno, Kyiv, Kovno, Courland, Livonia, Minsk, Mogilev, Orenburg, Podolsk, Stavropol and Estland, as well as in the region, the Don troops are formed in provincial and regional cities under the chairmanship of the provincial, and in the region, the troops of the Don regional marshal of the nobility, congresses of persons who have in these provinces and regions, according to the amount of their land in possession (pol. on the election. to the State Duma, art. 25, p. 1 and 2), the right of direct participation in the congress of county landowners, if, moreover, they own that land for at least three years, and if they do not belong to the number of persons who are not allowed to participate in elections on the grounds specified in paragraphs 1, 2. 3 and 6 of Article 6 and in Articles 7 and 8 of the Regulations on elections to the State Duma. Each of these congresses elects one member of the State Council from among: 1) persons who own in the province or region on the right of ownership or lifelong possession, and in relation to mining dachas also on the right of possession for at least the specified three-year period of space taxed on zemstvo duties land, three times the amount of land that gives the right to directly participate in the congresses of county landowners, and 2) persons who own in the provinces of Astrakhan, Courland, Lifland, Orenburg, Stavropol and Estland, as well as in the region of the Donskoy army on the right of ownership or lifelong possession , and in relation to mining dachas, also on the right of possession for at least the same three-year term with an expanse of land taxed on zemstvo duties, giving the right to directly participate in the congresses of county landowners, if these persons have served at least two elective terms in positions of a provincial or county, and in the named area regional or district marshal of the nobility, in the provinces of Livonia and Estonia and in the positions of landrat or district deputy.
7. In the provinces of the kingdom of Poland, congresses of persons who have in these provinces according to the amount of land owned by them are formed in provincial cities under the chairmanship of special persons appointed to that by the highest authorities (Polish on elections to the State Duma, Art. 25, 1 and adj.) the right to directly participate in congresses of county landowners, if, moreover, they own that land for at least three years, and if they do not belong to the number of persons who are not allowed to participate in elections on the grounds specified in 1, 2 , 3, and 6 of Article 6 and in Articles 7 and 8 of the Regulations on Elections to the State Duma. Each provincial congress elects six electors from among persons who own in the province by right of ownership or life tenure for at least the specified three-year period the area of land subject to state tax or local dues, three times the amount of land that gives the right to direct participation in congresses of county landowners. The general congress of these electors in the city of Warsaw, chaired by a special person appointed to that by the highest authority, selects from among its midst six members of the Council of State.
8. Lists of persons: 1) who have the right to participate in elections of members of the State Council, and 2) who have the right to be elected as members of the Council, are compiled by county commissions on matters of elections to the State Duma. These lists are reported by the county commissions to the governor, and in the region of the Donskoy army to the military ataman, by order of which they are published in local statements no later than two weeks before the elections. Within a week from the date of publication of the lists, complaints about their incorrectness and incompleteness may be submitted to the provincial or regional commission for elections to the State Duma. Decisions of the provincial or regional commission are considered final and are not subject to appeal.
9. When calculating the above-mentioned, in Articles 2, 3, 6 and 7 of this appendix, the period of ownership of immovable property, giving the right to be elected to the Council of State, the period of possession of this property by the testator in the ascending line is also taken into account.
10. The members of the Council of State shall be elected in the manner specified in Articles 2, 3, 6 and 7 of this Appendix for a term of three years, subject to the rules laid down in Articles 20-24 of this Establishment.
11. Those guilty of criminal acts committed in the course of elections in the manner specified in this appendix are subject to prosecution and punishment on the basis of a personal imperial decree of March 8, 1906 (collected uzak., 353).
12. After the transformation and introduction of zemstvo institutions in the localities listed in Articles 1 and 6 of this appendix, new elections of members of the State Council are made by provincial and regional zemstvo assemblies not earlier than after the expiration of the three years for which the zemstvo institutions currently operating in the mentioned localities or the members of the Soviet were elected by the congresses formed for the elections.
Legislative acts of the transition period. 1904-1908 M., 2010. S. 832-861
One of the bodies with a special status, which is headed by the President of Russia, is State Council Russian Federation .
It was formed in 2000.
State Council of the Russian Federation- an advisory body that promotes the implementation of the powers of the head of state on issues of ensuring the coordinated functioning and interaction of public authorities.
The body is formed by the President of Russia. In addition to the chairman of the council, it includes members. There is also a secretary who is not part of the body. These duties are assigned by the Head of the Administration of the President of the Russian Federation to one of the assistants to the President of the Russian Federation. Now it's
Members of the State Council of the Russian Federation are:
- Chairman of the Federation Council of the Federal Assembly of the Russian Federation;
- Chairman of the State Duma of the Federal Assembly of the Russian Federation;
- plenipotentiaries of the President of the Russian Federation in federal districts;
- senior officials (heads of the highest executive bodies of state power) of the subjects of the federation;
- leaders of factions in the State Duma of the Federal Assembly of the Russian Federation;
- may include other persons who have held the positions of senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation and who have extensive experience in public (state and public) activities.
The main tasks of the council are:
- assistance in the implementation of the powers of the President of the Russian Federation on issues of ensuring the coordinated functioning and interaction of state authorities;
- discussion of issues of particular national importance concerning the relationship between the Russian Federation and the subjects of the federation, the most important issues of state building and strengthening the foundations of federalism, making the necessary proposals to the President of the Russian Federation;
- discussion of issues related to the implementation (observance) by federal government bodies, government bodies of subjects of the federation, local government bodies, their officials of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of Russia, decisions and orders of the Government of the Russian Federation, and introduction relevant proposals to the President of Russia;
- assistance to the President of the Russian Federation when he uses conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the subjects of the federation, as well as between state authorities of the subjects of the Russian Federation;
- consideration, at the proposal of the President of Russia, of draft federal laws and decrees of the President of the Russian Federation of national importance;
- discussion of the draft federal law on the federal budget;
- discussion of the information of the Government of the Russian Federation on the course of execution of the federal budget;
- discussion of the main issues of personnel policy in the Russian Federation;
- discussion, at the suggestion of the President of Russia, of other issues of great national importance.
Organizationally State Council of the Russian Federation as follows.
The chairman plays a key role in the activities of the council. In addition to forming the personal composition of the State Council and its bodies, he:
- determines the place and time of meetings of the State Council of the Russian Federation and its presidium;
- chairs the meetings of the council and the presidium;
- forms, on the basis of the proposals of the members of the presidium, the work plan of the State Council and the agenda of its next meeting;
- gives instructions to the members and the secretary of the State Council of the Russian Federation.
A considerable burden falls on the secretary, who:
- ensures the preparation of a draft work plan of the council, draws up draft agendas for its meetings, organizes the preparation of materials for meetings, as well as drafts of relevant decisions;
- informs members of the State Council about the place, time and agenda of the next meeting, provides them with the necessary materials;
- signs the minutes of meetings of the State Council of the Russian Federation;
- is responsible for ensuring the activities of the council;
- organizes the work of the advisory commission and ensures the activities of permanent and temporary commissions and working groups created by the State Council of the Russian Federation and the presidium;
- performs other assignments of the Chairman of the State Council.
Today the council has 100 members, plus a chairman and a secretary.
In order to resolve operational issues, a Presidium of the State Council of the Russian Federation composed of 9 council members. In particular, he considers the work plan of the State Council, as well as the agenda of the next meeting and materials for it. The personal composition of the presidium is determined by the President of the Russian Federation and is subject to rotation every six months. Meetings are held, as a rule, at least once every 3 months.
Advisory Commission provides consulting assistance to members of the State Council and the Presidium on issues included in the work plan of the State Council of the Russian Federation. The difference between the advisory commission and other bodies of the State Council is that its members participate in the work of the council.
To prepare materials on issues that are supposed to be considered at a meeting of the State Council of the Russian Federation or its presidium, permanent and temporary commissions and working groups are created. Certain types of work can be performed by scientists and specialists on a contractual basis.
Meetings of the State Council are held regularly, as a rule, at least 3 times a year. By decision of the chairman, extraordinary meetings may be held.
Clause 1 of the Regulations on the State Council of the Russian Federation (approved by Decree of the President of the Russian Federation of September 1, 2000 No. 1602).
Clause 7 of the Regulations on the State Council of the Russian Federation (approved by Decree of the President of the Russian Federation of September 1, 2000 No. 1602).
Clause 4 of the Regulations on the State Council of the Russian Federation (approved by Decree of the President of the Russian Federation of September 1, 2000 No. 1602).
Clause 9 of the Regulations on the State Council of the Russian Federation (approved by Decree of the President of the Russian Federation of September 1, 2000 No. 1602).
Decree of the President of the Russian Federation of September 1, 2000 N 1602
"On the State Council of the Russian Federation"
In order to ensure the coordinated functioning and interaction of state authorities, guided by the Constitution of the Russian Federation, as well as on the basis of proposals from members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation, I decide:
1. Form the State Council of the Russian Federation.
3. This Decree comes into force from the date of its signing.
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President of Russian Federation |
Moscow Kremlin
Regulations on the State Council of the Russian Federation
(approved by Decree of the President of the Russian Federation of September 1, 2000 N 1602)
With changes and additions from:
June 28, 2005, February 23, 2007, March 12, 2010, July 11, August 10, 2012, April 9, 2014, November 22, 2016
I. General provisions
1. The State Council of the Russian Federation (hereinafter referred to as the State Council) is an advisory body that facilitates the implementation of the powers of the head of state on issues of ensuring the coordinated functioning and interaction of state authorities.
2. The State Council in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, as well as this Regulation.
3. The Regulations on the State Council are approved by the President of the Russian Federation.
II. Main tasks of the State Council
4. The main tasks of the State Council are:
assistance in the implementation of the powers of the President of the Russian Federation on issues of ensuring the coordinated functioning and interaction of state authorities;
discussion of issues of particular national importance concerning the relationship between the Russian Federation and the constituent entities of the Russian Federation, the most important issues of state building and strengthening the foundations of federalism, making the necessary proposals to the President of the Russian Federation;
discussion of issues related to the implementation (observance) by federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, their officials of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation Federation, and making relevant proposals to the President of the Russian Federation;
assistance to the President of the Russian Federation when he uses conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation;
consideration, at the proposal of the President of the Russian Federation, of draft federal laws and decrees of the President of the Russian Federation of national importance;
discussion of the draft federal law on the federal budget;
discussion of the information of the Government of the Russian Federation on the course of execution of the federal budget;
discussion of the main issues of personnel policy in the Russian Federation;
discussion on the proposal of the President of the Russian Federation of other issues of great national importance.
III. Composition and organization of work of the State Council
5. The State Council is composed of the Chairman of the State Council and members of the State Council.
The Chairman of the State Council and members of the State Council participate in its work on a voluntary basis.
6. The Chairman of the State Council is the President of the Russian Federation.
7. Members of the State Council are the Chairman of the Federation Council of the Federal Assembly of the Russian Federation, the Chairman of the State Duma of the Federal Assembly of the Russian Federation, authorized representatives of the President of the Russian Federation in the federal districts, senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, heads of factions in the State Duma of the Federal Assembly of the Russian Federation.
By decision of the President of the Russian Federation, the State Council may include persons who have held the positions of senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation and who have extensive experience in public (state and public) activities.
8. To resolve operational issues, the presidium of the State Council is formed, consisting of eight members of the State Council.
The personal composition of the presidium is determined by the President of the Russian Federation and is subject to rotation once every six months.
The Presidium of the State Council considers the work plan of the State Council, as well as the agenda of its next meeting and materials for the meeting.
The Presidium of the State Council analyzes the implementation of the work plan of the State Council and its decisions.
Meetings of the Presidium of the State Council are held as necessary, but, as a rule, at least once every three months.
Information about changes:
By Decree of the President of the Russian Federation of February 23, 2007 N 241, this Regulation is supplemented by clause 8.1
8.1. To provide advisory assistance to members of the State Council, the Presidium of the State Council on issues included in the work plan of the State Council, an advisory commission of the State Council is formed.
The personal composition of the advisory commission of the State Council is determined by the President of the Russian Federation.
By decision of the President of the Russian Federation, persons with experience in public (state and public) activities may be included in the advisory commission of the State Council.
Members of the Advisory Commission of the State Council participate in the work of the State Council.
Members of the advisory commission of the State Council participate in its work on a voluntary basis or on a paid basis.
9. Chairman of the State Council:
determines the place and time of holding meetings of the State Council and its presidium;
chairs meetings of the State Council and its presidium;
forms, on the basis of the proposals of the members of the presidium of the State Council, the work plan of the State Council and the agenda of its next meeting;
gives instructions to the members of the State Council and the Secretary of the State Council.
10. The duties of the Secretary of the State Council are assigned by the Head of the Administration of the President of the Russian Federation to one of the assistants to the President of the Russian Federation. The Secretary of the State Council is not included in its composition.
11. Secretary of the State Council:
ensures the preparation of a draft work plan of the State Council, draws up draft agendas for its meetings, organizes the preparation of materials for meetings of the State Council, as well as drafts of relevant decisions;
informs the members of the State Council about the place, time and agenda of the next meeting of the State Council, provides them with the necessary materials;
signs the minutes of the meetings of the State Council;
is responsible for ensuring the activities of the State Council;
organizes the work of the advisory commission of the State Council and ensures the activities of permanent and temporary commissions and working groups created by the State Council, the Presidium of the State Council;
performs other assignments of the Chairman of the State Council.
12. Members of the State Council submit proposals to the Presidium of the State Council on the work plan of the State Council, the agenda of its meetings and the procedure for discussing issues, participate in the preparation of materials for meetings of the State Council, as well as draft decisions.
Members of the State Council are not entitled to delegate their powers to other persons.
13. The State Council, the Presidium of the State Council may create permanent and temporary commissions and working groups to prepare materials on issues to be considered at a meeting of the State Council or its Presidium, engage scientists and specialists in the prescribed manner to carry out individual work, including contractual basis.
14. The activities of the State Council are ensured by the relevant divisions of the Administration of the President of the Russian Federation and the Administration of the President of the Russian Federation.
IV. Working order of the State Council
15. Meetings of the State Council are held regularly, as a rule, at least three times a year. By decision of the Chairman of the State Council, extraordinary meetings of the State Council may be held.
A meeting of the State Council is competent if it is attended by a majority of the total number of members of the State Council.
16. Meetings of the State Council are held, as a rule, in the Moscow Kremlin.
17. Decisions of the Council of State are taken at its meeting through discussion.
By decision of the Chairman of the State Council, voting can be held on any item on the agenda.
The Chairman of the State Council is also entitled to establish the procedure for making decisions on issues of special national importance by reaching consensus.
18. Decisions of the State Council are documented in a protocol signed by the Secretary of the State Council.
If necessary, the decisions of the State Council are formalized by decrees, orders or instructions of the President of the Russian Federation.
If a decision is made on the need to adopt a federal constitutional law, a federal law or to amend them, to amend a draft federal constitutional law or a federal law, the draft of the relevant act is submitted to the State Duma of the Federal Assembly of the Russian Federation in the manner of a legislative initiative of the President of the Russian Federation.
The State Council of the Russian Federation is formed, which is an advisory body under the President of the Russian Federation. The Chairman of the State Council is the President of the Russian Federation.
Among the main tasks of the State Council are: discussion of problems of special national importance concerning relations between the Russian Federation and the subjects of the Russian Federation, the most important issues of state building and strengthening the foundations of federalism, making the necessary proposals to the President of the Russian Federation; assistance to the President of the Russian Federation when he uses conciliation procedures to resolve disagreements between federal and regional government bodies; discussion of the draft federal law on the federal budget; discussion of the main issues of personnel policy in the Russian Federation, etc.
The members of the State Council are the highest officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, as well as (by special decision of the President of the Russian Federation) persons who have held the positions of senior officials of the constituent entities of the Russian Federation for two or more consecutive terms.
To resolve operational issues, the President of the Russian Federation forms the presidium of the State Council, consisting of 7 of its members. Meetings of the presidium are held as needed, but, as a rule, at least once a month. Meetings of the State Council are held regularly, as a rule, at least once every 3 months.
Decisions of the State Council, if necessary, are formalized by decrees, orders or instructions of the President of the Russian Federation, and may also be submitted to the State Duma of the Russian Federation as a draft of the relevant legislative act in the manner of the legislative initiative of the President of the Russian Federation.
Decree of the President of the Russian Federation of February 23, 2007 N 241
Decree of the President of the Russian Federation of June 28, 2005 N 736
