Improvement of the legal status of deputies State Duma of the Federal Assembly of the Russian Federation

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Improvement of the legal status of deputies State Duma of the Federal Assembly of the Russian Federation

Kornilov P.E. - student, Novikova L.V. - supervisor

Vladimir State University

To date, a critical question is the implementation of democratic institutions enshrined in the Constitution of the Russian Federation. This is due to the fact that from September 2016 the beginning of its work the newly elected lower chamber of the Federal Assembly of the Russian Federation, the State Duma of the seventh convocation. In the conditions of difficult political and economic situation in the legislature has a special responsibility for taking effective and applicable in the current reality of the Russian society of laws. But there are very important gaps in the definition of the legal status of the Deputy of the State Duma of the Russian Federation. These include the lack of application to the "representative of the people" constitutional-legal responsibility, as well as the relatively truncated range of requirements of the person that exercises legislative power at the Federal level. If we talk about the institutions of democracy in the Russian Federation, it is worth noting that the Constitution of the Russian Federation in article 3 enshrines the provision that the bearer of sovereignty and the only source of power in Russia is its multinational people. This essential principle can be realized only through direct and representative democracy. We will focus on the problems and prospects of development of the latter.

Recall that representative democracy is a political regime in which the main source of power of the people is recognized, and the state administration is delegated to various representative bodies whose members are elected by the citizens. It is on this principle of the elections of deputies of the State Duma of the Russian Federation. Consequently, the deputies give a mandate to promote the interests of the citizens who chose them. Indeed, the duty of communication of the candidate in deputies of the State Duma of the Russian Federation constituents contained in article 8 of the Federal law from may, 8th, 1994 n 3-FZ "About the status of a member of the Council of Federation and status of Deputy of the State Duma of the Federal Assembly of the Russian Federation". But the Law has no provisions about legal link between the voter and the Deputy, that does not necessarily for the latter to give a progress report and to fulfill the mandates of ordinary citizens. The fact is that the mandate of the Deputy of the lower house of the Russian Parliament has a loose character, which leads to negative consequences. Often campaign promises of politicians about helping the different segments of the population remain only a bright part of the election campaign and the way to attract voters to their side. In particular, before State Duma elections 2011 candidates of various political parties promised through laws to stop the growth of prices for housing prices, but according to Rosstat, public services for 2012-2015 on average in

Russia grew by 40.8%. Obviously, the problem that was supposed to solve the "representatives of the people", only worse. But none promised to look into this matter will not bear constitutional and legal responsibility, as it is not enshrined in law. The absence of any duty of parliamentarians actually accomplish what was promised and be responsible for the outstanding obligations, and undermines the credibility of the Institute of representative democracy and thereby reduces the interest of citizens to elections and political causes absenteeism.

To solve this problem is necessary for State Duma to adopt legislation imperative mandate. This is especially the innovation will be useful and relevant to the MPs passed to the State Duma of the 7th convocation in single-seat constituencies, as candidates, in fact, worked in a certain limited area. The use of the imperative mandate for this category of MPs would stimulate them to work more efficiently, forced to execute orders and requests of ordinary citizens who elected the "defender" of the interests of his district in the Federal legislature. But do not forget that the legal status of all deputies of the State Duma the same, so report to the voters after approval of the imperative mandate will be borne by those deputies who were elected to Parliament on party lists. This could be done by fastening to each of the 225 parliamentarians are elected through proportional representation, a certain territory within which they are required to solve important problems of the population.

But for the full functioning of the institution of representative democracy in the Russian Federation on elections in a legislature of the imperative parliamentary mandate is not enough. Need tightening of constitutional and legal responsibility by establishing the procedure of recall of the Deputy mandate. We are talking about the involvement of MP in it to the constitutional-legal liability for nonperformance of the obligations imposed on him by the electorate. This procedure is beyond the scope describes procedures for deprivation of Deputy immunity, which is regulated by the Federal law "About the status of a member of the Council of Federation and status of Deputy of the State Duma of the Federal Assembly of the Russian Federation". These measures will help lower house more productive to work with the population, to answer his queries and complaints.

In addition, due to the substitution of free mandate and the imperative to increase the responsibilities by revoking the mandate to a "representative of the people", established the viability of introduced mixed electoral system in elections to the State Duma of the Russian Federation, will increase voter turnout. The various institutions of civil society are to engage effectively with government, and the provisions of democracy enshrined in the basic law of the country really becomes the true meaning.

Question about the requirements to the candidate in deputies of the State Duma, despite the legislative consolidation remains controversial. In article 97 of the Constitution of Russia States: "the Deputy of the State Duma can be elected the citizen of the Russian Federation over 21 years and eligible to participate in the elections." Therefore, the candidate MPs presented all three requirements: nationality, age limit and availability of suffrage. On the one hand these requirements is enough, they are democratic and allow a wide range of people to become an MP to protect the interests of certain segments of the population. But what happens in practice? But in practice a considerable part of mandates in the Federal legislative body is outstanding entertainers and athletes. However, can we say that these people are unable to cope with the responsibilities of the professional politician-legislator? Because in order to enact a particular law, you should understand the basics of constitutional law, to know the stage of the legislative process and have practical experience in the field of jurisprudence. The level of professional training of the deputies in this case is not controlled, it is a serious problem, which manifests itself in the incompetence of some members of Parliament.

To solve the problem of the competence of deputies of the State Duma can suggest to toughen requirements to the candidate for the post of MP with the introduction of the obligatory presence of higher legal education as the foundations of constitutional order, electoral and legislative processes are investigated in the framework of legal education. An alternative to this requirement can be a "entrance exam" for the candidate, confirming his competence or expertise and experience in the political sphere. These measures will help to improve the performance of deputies of the State Duma, which will be more details to consider bills, to calculate the consequences of the entry into force of various laws. For a more productive legislative need to further develop the institution of parliamentary readings invite discussion of the bills of people who are professionally versed in the scope of the received law.

Summing up the above, we can conclude the following. Despite the constitutional enshrinement of democracy, and democracy in the Russian Federation, there are some problems relating too "soft" requirements for a candidate to deputies of the State Duma of the Russian Federation, the weak, the actual connection of the lower house of Parliament and ordinary citizens due to the absence of the imperative mandate and the constitutional-legal responsibility in the form of recall of a Deputy. But these issues have many solutions that allow to strengthen the authority of the legislature and elections in the Russian Federation.

legal status deputy

Lterarure

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