THE PROCEDURE OF ENACTING A FEDERAL LAW IN RUSSIA (IS THE WORDING OF PARAGRAPH 1 ARTICLE 105 OF THE RF CONSTITUTION CORRECT?)

The article describes the procedure of enacting laws in Russia and in the world. After revolutionary liquidation of absolute monarchies in democratic countries of the world the following theses have established: laws of the state are passed by the Parliament, not by a monarch, and the Parliament is the only legislative body (laws of constituent entities of the Federation and some territorial autonomies then were not discussed). These provisions are enshrined in many national constitutions, are justified in scientific inquiries, and are given in textbooks. In XVIII-XIX centuries, when Constitutions included such provisions, there existed bicameral parliaments. Unicameral parliaments appeared later. In Russia Parliament is bicameral, but the wording is such that the provision regulating enactment of a law is applied only to one chamber. Part 1 Article 105 of the Constitution provides that federal laws are passed by the State Duma. In our view, neither general position with regard to Parliament nor the rule of the Russian Constitution concerning the State Duma reflected the complexity of the process of passing laws in the State in changed circumstances of our time. The text adopted by Parliament as a law, in fact, may not become a law if it is not signed by the head of the State, and the text adopted by the State Duma may remain under the threat of being vetoed, which can be not overridden. In some foreign countries (for example, in the United States), there are many cases when laws passed by Parliament had not, in fact, become laws, but remained as draft laws adopted by the Parliament because the Parliament failed to overcome the veto of the President. In France, Italy and other countries there were cases when the Senate did not confirm the texts of draft laws adopted by the lower House, and they did not become laws. In Russia the Federation Council also rejected texts adopted by the State Duma, and they were adopted only after being approved by the Conciliation Commission. Therefore, not always Parliament itself (and one Chamber - the State Duma in Russia - decides it even more rarely) finally decides whether its text will become a law. There is a need to clarify constitutional wordings with regard to exercise of the constitutional right to pass laws, and not only in the Russian Constitution, but also in the constitutions of other countries of the world under contemporary conditions. The article deals exclusively with the laws of the State (in addition to them there are laws of constituent entities of the Federation and, sometimes, territorial autonomous entities) and with the role of Houses of Parliament and the Head of the State in passing laws. Regulatory issues and problems of delegated legislation, as well as promulgation of laws by emergency authorities (military, revolutionary councils, etc.) are not considered within the framework of this article. Also, the author does not dwell on law-making bodies in some other countries (for example, the Grand Jirga in Afghanistan or the People's Consultative Assembly in Indonesia).

Constitution of the Russian Federation, foreign Constitutions, adoption of the law, State Duma, Federation Council, President of the Russian Federation

1. Gicquel J., Gicquel J.-E. Droit constitutionnel et institutions politiques. - 25-e ed. - P., 2011