Article 111. Conciliation Commission

1. To overcome disagreements that have arisen in connection with the rejection by the Federation Council of a federal law adopted by the State Duma, a conciliation commission may be created.

2. The conciliation commission is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the Federation Council.

3. If the Federation Council, when rejecting the federal law, did not turn to the State Duma with a proposal to create a conciliation commission, and the State Duma, in turn, turned to the Federation Council with a proposal to create a conciliation commission to overcome the disagreements that arose on this federal law, this initiative State Duma is subject to mandatory consideration at the next meeting of the Federation Council.

4. The decision to create a conciliation commission, to elect members of the conciliation commission and its co-chair from the Federation Council is taken at a meeting of the chamber by a majority vote of the total number of members of the Federation Council and formalized by a resolution of the Federation Council (in ed. Decree of the Federation Council of the Federal Assembly of the Russian Federation dated July 9, 2014 No. 356-SF) .

5. The conciliation commission is created on a parity basis from members of the Federation Council and deputies of the State Duma in the manner established by these Regulations and the Regulations of the State Duma of the Federal Assembly of the Russian Federation. The conciliation commission terminates its activity after the adoption by the Federation Council of a decision to approve or reject the federal law, in order to overcome the disagreements that have arisen on which it was created.

6. If the Federation Council rejects the State Duma's initiative to set up a conciliation commission, the federal law shall be considered rejected by the Federation Council as a whole.

Article 112. Deputation from the Federation Council to the Conciliation Commission

1. Members of the conciliation commission and its co-chairman from the Federation Council are elected by the Federation Council in the amount of at least three members of the Federation Council and form a deputation from the Federation Council in the conciliation commission.

2. Only a member of the Federation Council may be a member of the conciliation commission from the Federation Council.

3. (Part 3 is excluded in accordance with Decree of the Federation Council of the Federal Assembly of the Russian Federation dated July 9, 2014 No. 356-SF) .

4. A resolution of the Federation Council on the election of members of the conciliation commission and its co-chair from the Federation Council shall be sent to the State Duma within five days from the date of its adoption.

5. In the event of termination (early termination) of the powers of a member of the Federation Council who is a member of the conciliation commission, he leaves the commission without a special decision being made by the Federation Council. Instead of a retired member of the conciliation commission, the Federation Council elects a new member of the conciliation commission in the manner prescribed by parts 2-4 of this article.

6. Co-chairman of the conciliation commission from the Federation Council:
makes, together with the co-chairman of the conciliation commission from the State Duma, a decision on the time and place of the meetings of the conciliation commission;
makes proposals to the Federation Council on changing the composition of the delegation from the Federation Council in the conciliation commission, on the refusal of the Federation Council to participate in the work of the conciliation commission;
signs, together with the co-chairman of the conciliation commission from the State Duma, a protocol and a comparative table of the articles of the federal law that have been amended;
have the right to present at a meeting of the Federation Council a federal law adopted by the State Duma as amended by the conciliation commission.
(Part 6 was introduced in accordance with Resolution No. 19-SF dated February 6, 2013 of the Council of Federation of the Federal Assembly of the Russian Federation.)

Article 113

1. A member of the conciliation commission from the Federation Council must be present at its meetings and inform the co-chairman of the conciliation commission from the Federation Council in advance of the impossibility of his presence at the meeting for a good reason.

2. In exceptional cases, a member of the conciliation commission from the Federation Council may, in the presence of a power of attorney drawn up in accordance with the annex to these Rules, transfer the right to vote on all issues considered by the conciliation commission to another member of the conciliation commission from the Federation Council. Each member of the conciliation commission may be given no more than one power of attorney. (As amended by Resolution of the Council of Federation of the Federal Assembly of the Russian Federation of February 9, 2005 No. 20-SF).

3. Members of the Federation Council who are not members of the conciliation commission have the right to attend its meetings and express their opinion on the substance of the issues under discussion.

4. Ensuring the activities of the delegation from the Federation Council in the conciliation commission is carried out by the apparatus of the committees of the Federation Council that prepared opinions on the federal law adopted by the State Duma and rejected by the Federation Council, as well as other structural subdivisions of the Administration of the Federation Council within their competence (as amended by Resolution of the Federation Council of the Federal Assembly of the Russian Federation dated December 27, 2011 No. 568-SF).

Article 114. Procedure for the work of the conciliation commission

1. The conciliation commission considers only those provisions of the federal law on which disagreements arose between the Federation Council and the State Duma, seeking to develop agreed proposals in the form of a single text of the relevant sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal law under consideration .

2. Decisions of the conciliation commission are adopted by separate voting of deputations from the Federation Council and from the State Duma. The delegation from the Federation Council in the conciliation commission makes decisions by open voting by a majority vote of the total number of members of the delegation.

The decision is considered adopted if both deputations voted for its adoption.

3. When making a decision, a deputation from the Federation Council in the conciliation commission has the right to vote for proposals on the wording of the relevant sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal law under consideration, different from the proposals of the Federation Council.

4. Based on the results of the work, the conciliation commission draws up a protocol that records proposals for overcoming disagreements that have arisen or justifies the impossibility of overcoming them by this composition of the conciliation commission, and a comparative table of articles of the federal law that have been amended. The protocol of the conciliation commission is drawn up in two copies, each of which has the same legal force and is submitted to the Federation Council and the State Duma, respectively.

Article 115. Consideration of the protocol of the conciliation commission by the Federation Council

1. If the State Duma, after considering the protocol of the conciliation commission, rejects one or more proposals of the conciliation commission and proposes to the Federation Council to continue the work of the conciliation commission, the Federation Council has the right to decide to extend the term of the conciliation commission or refuse to participate in its work.

2. If the protocol of the conciliation commission contains justification for the impossibility of overcoming the disagreements that have arisen by this composition of the conciliation commission, it is submitted for consideration by the Federation Council and the State Duma.

3. The protocol of the conciliation commission containing the rationale for the impossibility of overcoming the disagreements that have arisen on the federal law is considered at the next sitting of the Federation Council. The Federation Council has the right to take one of the following decisions:

a) change the proposals of the Federation Council on the wording of certain provisions of the federal law;

b) change the composition of the delegation from the Federation Council in the conciliation commission;

c) refuse to participate in the work of the conciliation commission.

4. The adopted decision is formalized by a resolution of the Federation Council, which is sent to the State Duma within five days from the date of its adoption.

A revised version of the document has been prepared with changes that have not entered into force

BC RF Article 203

1. In case of rejection in the first reading of the draft federal law on the federal budget for the next financial year and planning period and its submission to the conciliation commission within 10 days, this commission develops a version of the main characteristics of the federal budget for the next financial year and planning period.

(see text in previous edition)

2. The decision of the conciliation commission is adopted by a separate vote of members of the conciliation commission from the State Duma, from the Federation Council and from the Government of the Russian Federation (hereinafter referred to as the parties). A decision shall be considered adopted by a party if the majority of the representatives of that party present at the meeting of the conciliation commission voted for it. The voting results of each party are taken as one vote. A decision is considered agreed if it is supported by three parties. A decision against which at least one party objects is considered inconsistent.

3. Upon completion of the work of the conciliation commission, the Government of the Russian Federation shall submit for consideration by the State Duma the agreed main characteristics of the federal budget for the next financial year and planning period in accordance with paragraph 2 of this article, as well as draft laws related to the main characteristics of the federal budget.

(see text in previous edition)

Positions on which the parties have not worked out an agreed decision are submitted for consideration by the State Duma.

4. Based on the results of consideration in the first reading of the draft federal law on the federal budget for the next financial year and planning period, a resolution of the State Duma is adopted on the adoption in the first reading of the draft federal law on the federal budget for the next financial year and planning period and on the main characteristics of the federal budget for the next financial year and planning period. next financial year and planning period.

(see text in previous edition)

If the State Duma does not make a decision on the main characteristics of the federal budget based on the results of the work of the conciliation commission, the draft federal law on the federal budget for the next financial year and the planning period is considered rejected again in the first reading.

(see text in previous edition)

In case of repeated rejection in the first reading of the draft federal law on the federal budget for the next financial year and planning period, the State Duma does not have the right to re-send the said bill to the conciliation commission or return it to the Government of the Russian Federation. Repeated rejection of the draft federal law on the federal budget is possible only if the State Duma raises the issue of confidence in the Government of the Russian Federation.

(see text in previous edition)

If a federal law is rejected by the Federation Council, it is submitted by the Council of the State Duma for the conclusion of the responsible committee. Following the consideration of the draft law, the responsible committee may recommend to the State Duma:

1) create a conciliation commission to overcome the disagreements that have arisen;

2) adopt a federal law in the version previously adopted by the State Duma;

3) remove the federal law from the State Duma for reconsideration.

To overcome disagreements that have arisen under federal law, a conciliation commission may be formed from among the deputies of the State Duma and members of the Federation Council. The initiator of the creation of a conciliation commission may be the Federation Council or the State Duma.

The conciliation commission considers each objection of the Federation Council separately, seeking to work out a single text of the federal law. Decisions of the commission are taken by a separate vote of the members of the commission from each of the chambers. The decision is considered adopted if the majority of the members of the commission from each of the chambers voted for it.

Based on the results of the work, the conciliation commission draws up a protocol containing proposals for overcoming disagreements or substantiating the impossibility of overcoming disagreements by this composition of the conciliation commission. If the protocol of the conciliation commission contains proposals for overcoming the disagreements that have arisen, it is submitted for consideration by the State Duma.

When a federal law is reconsidered by the State Duma, only the proposals contained in the protocol are discussed.

The State Duma takes a decision on the proposals of the conciliation commission by a majority vote of the total number of deputies of the chamber. If at least one proposal of the conciliation commission is rejected, the State Duma may propose to the conciliation commission to continue its work, taking into account the amendments approved by the chamber, for the submission of new proposals by the conciliation commission.

If, during the second consideration of a federal law rejected by the Federation Council, the State Duma did not adopt it in the wording of the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject the federal law, it is put to a vote in the previously adopted wording. In this case, the federal law is considered adopted if at least two-thirds of the total number of deputies of the State Duma voted for it. A federal law adopted in this manner is sent within five days by the Chairman of the State Duma to the President of the Russian Federation for signing and promulgation.

If the proposal to adopt a federal law rejected by the Federation Council, as amended by the conciliation commission or as amended earlier, did not receive the required number of votes during voting, then the federal law under consideration is considered not adopted. The fifth stage is the signing and promulgation of the law by the President of the Russian Federation.

In accordance with Art. 107 of the Constitution of the Russian Federation, the President of the Russian Federation signs the federal law within 14 days and promulgates it. The procedure for the publication and entry into force of federal constitutional laws and federal laws is regulated by the Federal Law of June 14, 1994 "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly." * In accordance with this Law, only those federal constitutional laws and federal laws that are officially published are applicable on the territory of the Russian Federation. The official publication of a federal constitutional law or a federal law is considered to be the first publication of its full text in Rossiyskaya Gazeta or the Collection of Legislation of the Russian Federation. Federal constitutional laws, federal laws are subject to official publication within seven days after the date of their signing by the President of the Russian Federation

If a federal law is rejected by the Federation Council, it is sent by the Council of the State Duma to the responsible committee of the chamber, which considers the objections of the Federation Council, gives an opinion on them and submits its proposals for overcoming the disagreements that have arisen for consideration by the chamber.

Based on the results of the consideration of the bill, the responsible committee may recommend to the State Duma to create a conciliation commission to overcome the disagreements that have arisen; adopt a federal law in the version previously adopted by the State Duma; remove the federal law from the State Duma for reconsideration.

To overcome disagreements that have arisen on a federal law adopted by the State Duma and rejected by the Federation Council, a conciliation commission may be formed. It is created both on the initiative of the Federation Council, supported by the State Duma, and on the initiative of the State Duma, supported by the Federation Council.

Members of the conciliation commission from the Federation Council are elected by it and form a deputation from the Federation Council in the conciliation commission. Those members of the Federation Council who received the largest number of votes from all the candidates proposed at a meeting of the chamber, but not less than half of the number of members of the Federation Council present at the meeting, are considered elected.

The decision to elect deputies of the State Duma to the conciliation commission is made at a meeting of the chamber by a majority vote of the total number of deputies. 13

The conciliation commission considers each objection of the Federation Council separately, seeking to work out a single text of the relevant federal law. Decisions of the commission are taken by a separate vote of the members of the commission from each of the chambers. The Commission makes decisions by open vote. The decision is considered adopted if the majority of the members of the commission from each of the chambers voted for it.

Based on the results of the work, the conciliation commission draws up a protocol and a comparative table of the articles of the law, which have been amended. This table contains suggestions for overcoming disagreements. The protocol of the conciliation commission and the comparative table, as well as the federal law in the wording proposed by the conciliation commission, and the conclusion of the Legal Department of the State Duma Staff are submitted by the co-chairman of the conciliation commission from the State Duma for consideration by the Council of the State Duma to determine the date for the reconsideration of the federal law.

When a federal law is reconsidered by the State Duma, only the proposals contained in the minutes of the Conciliation Commission are discussed. The State Duma will not consider any amendments that go beyond these proposals.

If at least one proposal of the conciliation commission is rejected, the State Duma may propose to continue its work, taking into account the amendments approved by the chamber, for the commission to submit new proposals. The Federation Council has the right to decide to extend the period of work of the conciliation commission or refuse to participate in its work. The State Duma takes a decision on the proposal of the conciliation commission by a majority vote of the total number of deputies of the chamber. The federal law, as amended, taking into account the proposals of the conciliation commission, which were approved by the State Duma, is sent to the Federation Council within five days with the necessary materials attached.

If, during the second consideration of a federal law rejected by the Federation Council, the State Duma did not accept the proposals of the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject the law, it is put to a vote in the previously adopted wording. In this case, the Federal Law is considered adopted if at least two-thirds of the total number of deputies of the State Duma voted for it.

A federal law adopted in this manner shall be sent to the President and the Russian Federation within five days for signing and promulgation. The Chairman of the State Duma shall notify the Chairman of the Federation Council of the submission of this law to the President of the Russian Federation. 14

Therefore, this stage allows the settlement of relations between the two chambers.

Page 5 of 7

Consideration of laws in the conciliation commission. To overcome the disagreements that have arisen on a federal law adopted by the State Duma and rejected by the Federation Council, a conciliation commission is being created. The commission can be created either on the initiative of the Federation Council, supported by the State Duma, or on the initiative of the State Duma, supported by the Federation Council. It is formed on a parity basis from representatives of the two chambers. The members of the conciliation commission and its co-chairman from each chamber are elected by the chambers and form their deputies in the commission.

The conciliation commission considers only those provisions of the law on which disagreements arose between the Federation Council and the State Duma, seeking to develop agreed proposals in the form of a single text of the relevant provisions, sections, chapters, articles, as well as parts and paragraphs of the articles of the law under consideration. Decisions of the conciliation commission are made by separate voting of representatives of the Federation Council and the State Duma. The decision is considered adopted if both deputations voted for its adoption. If the conciliation commission comes to the conclusion that it is impossible to overcome the disagreements that have arisen by this composition of the conciliation commission, the issue is referred to the Federation Council and the State Duma for consideration. In such cases, the Federation Council has the right to change proposals for the revision of certain provisions of the law, change the composition of the deputation in the conciliation commission, and refuse to participate in the work of the conciliation commission.

The resolution on the adopted decision is sent to the State Duma no later than five days later.

cloned by the Federation Council. IN If a federal law is rejected by the Federation Council, it is submitted by the Council of the State Duma for the conclusion of the responsible committee. Based on the results of consideration of the law, this committee submits a draft resolution for consideration by the Duma, in which it may propose one of the following decisions:

• remove the federal law from further consideration by the State Duma in connection with its rejection by the Federation Council;
• create, at the proposal or with the prior consent of the Federation Council, a conciliation commission on an equal footing to overcome disagreements that have arisen between the State Duma and the Federation Council on the law rejected by the Federation Council;
• adopt a federal law in the version previously adopted by the State Duma.

If the State Duma did not accept the proposal of the conciliation commission and expressed its disagreement with the decision of the Federation Council to reject the law, it is put to a vote in the previously adopted wording. In this case, the law is considered adopted if at least two-thirds of the total number of deputies voted for it. The adopted law is sent to the President of the Russian Federation for signing and promulgation within five days.

Reconsideration by the State Duma of laws datedcloned by the President of the Russian Federation. According to the Constitution of the Russian Federation, if the President of the Russian Federation rejects it within 14 days from the date of receipt of the federal law, the State Duma will reconsider this law. The law rejected by the President of the Russian Federation is sent by the Council of the State Duma for the conclusion of the responsible committee of the State Duma or a specially created commission of the chamber, which consider it within 10 days. Based on the results of consideration, the committee or commission may recommend to the State Duma to approve the law in the wording proposed by the President of the Russian Federation, to agree with the proposal of the President of the Russian Federation to reject this law, to create a special commission to develop an agreed text, or to approve the law in the previously adopted wording.

After the approval by the State Duma of individual proposals of the President of the Russian Federation, the committee or commission that prepared the opinion is instructed to prepare the text of the law with the inclusion in it of the agreed proposals of the President of the Russian Federation approved by the Duma; such text is submitted to the State Duma for approval as a whole; the law is considered approved if the majority of the total number of deputies of the State Duma voted for it. The decision to approve a federal law in the version previously adopted by the Duma is taken by a majority of at least two-thirds of the votes of the total number of deputies of the State Duma. The federal law approved in the version previously adopted by the Duma is sent by the Chairman of the State Duma to the Federation Council within five days. If the proposal to approve the law in the previously adopted wording did not gain the number of votes necessary for its adoption, then the federal law is considered rejected and is not subject to further consideration.

Repeated consideration by the Federation Council of laws rejectednyh President of the Russian Federation. If, during the second consideration by the State Duma of a law rejected by the President of the Russian Federation, it is adopted in a new edition, then such a law will be considered by the Federation Council as newly adopted. If this law is approved by the State Duma in the previously adopted wording, the Federation Council has the right not to open discussion and put to a vote the issue of approving the law in the previously adopted wording without discussion or open discussion. At the end of the discussion, the issue of approving the law in the previously adopted wording is put to a vote. A law is considered approved if the decision to do so was adopted by a majority of at least two-thirds of the total number of members of the Federation Council. If less than two-thirds of the total number of members of the Federation Council voted for its approval, the law is considered rejected by the chamber. The resolution of the Federation Council on the approval of the law rejected by the President of the Russian Federation is sent to the President of the Russian Federation within five days, who, in accordance with Part 3 of Art. 107 of the Constitution of the Russian Federation is obliged to sign and publish it. If the said law is rejected, the corresponding resolution shall be sent to the State Duma within five days.

Peculiarities of consideration by the chambers of federal constitutionsonny laws. According to the Constitution of the Russian Federation (Part 2, Article 108), a federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the total number of members of the Federation Council and at least two-thirds of the total number of deputies of the State Duma. However, otherwise, the passage of the bill in the chambers is mainly carried out in the manner established by their Regulations for federal laws, although, according to the wording of the Constitution of the Russian Federation, the State Duma does not adopt, but approves such a law (hence, the Federation Council considers not adopted, but approved by the State Duma, the federal constitutional law ). But these features are rather terminological in nature.

The President of the Russian Federation in the legislative process. According to the Constitution of the Russian Federation, the President of the Russian Federation signs and promulgates the laws adopted by the Federal Assembly. This right, known in some countries as promulgation, transforms acts of the legislature into acts of state power. Only after the head of state promulgates the adopted federal law, this law acquires legal force, obliging to execute it.

By virtue of h. 2 Article. 107 of the Constitution of the Russian Federation, the President of the Russian Federation is obliged to sign the adopted federal law, if he does not reject it within 14 days from the date of receipt. He also has no right not to sign the federal law he rejected earlier after it is re-approved by the State Duma and the Federation Council within seven days from the date of receipt of the resolutions of the chambers of the Federal Assembly on the approval of the law in the original version and is obliged to promulgate this law (clause "e" part 1 article 84, part 3 article 107 of the Constitution of the Russian Federation).

The President of the Russian Federation has the right of veto, the overcoming of which, upon reconsideration by the chambers of the Federal Assembly, requires a two-thirds majority of the votes of deputies (members) in each chamber. The right of veto is an effective weapon in the hands of the President of the Russian Federation, he sometimes uses it.

However, as noted above, the President of the Russian Federation participates in the legislative process at earlier stages as well. He has (and very often exercises) the right to initiate legislation, give an opinion on draft laws adopted by the State Duma in the first and second readings, and participate in legislative activity at virtually all stages. This activity is carried out in accordance with the Regulations on the procedure for interaction between the President of the Russian Federation and the chambers of the Federal Assembly of the Russian Federation in the legislative process, approved by the Decree of the President of the Russian Federation. The Regulation defines the specific actions of the authorized representatives of the President of the Russian Federation in the State Duma and the Federation Council at all stages of the legislative process, the procedure for consideration by the Administration of the President of the Russian Federation of issues related to legislative initiative, rejection of laws, giving opinions on bills, etc.

In the practice of relations between the President of the Russian Federation and the Federal Assembly, there were cases when the President of the Russian Federation returned federal laws without consideration. Such action is not tantamount to a veto, and therefore does not require a two-thirds majority to be overcome in the reconsideration. We are talking about violations of the procedure for passing laws noticed by the President of the Russian Federation (non-identity of the texts of the law considered in different chambers, the absence in the required cases of the conclusion of the Government of the Russian Federation, etc.), which makes him, as the guarantor of the Constitution of the Russian Federation, draw the attention of the chambers to the need to eliminate violations. However, the State Duma, in a resolution dated March 20, 1996, noted that, in its opinion, the return by the President of the Russian Federation to the Federal Assembly of laws without consideration by the Constitution is not provided. In other cases, the Duma drew attention to the fact that the rejection of the law sometimes occurred in violation of the 14-day deadline. These disagreements were the subject of consideration in the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation, in its decision of April 22, 1996, clarified the procedure for the President of the Russian Federation to exercise his right of veto, stating that, since if the President of the Russian Federation rejects the adopted federal law, the Constitution of the Russian Federation provides for a second consideration by the State Duma and the Federation Council of the rejected federal law, the motives of the adopted federal law by the President of the Russian Federation decisions must be communicated to both houses of the Federal Assembly. The decision of the head of state to reject the law, declared after the expiration of the 14-day period, does not have the value of a veto and does not give rise to the corresponding legal consequences provided for by the Constitution of the Russian Federation. It does not follow from the Constitution of the Russian Federation that the President of the Russian Federation can return to the chambers of the Federal Assembly federal laws adopted in compliance with the requirements of the Constitution of the Russian Federation and the conditions and procedures provided for by it, without consideration, and therefore without motives for rejection. At the same time, in the event of a violation of the procedure established by the Constitution of the Russian Federation for the adoption of a federal law, if these violations cast doubt on the results of the will of the chambers of the Federal Assembly and the very adoption of the law, the President of the Russian Federation has the right, by virtue of Part 2 of Art. 107 of the Constitution of the Russian Federation to return it to the appropriate chamber, pointing out specific violations of the named constitutional requirements. At the same time, such a law cannot be considered an "adopted federal law", and its return to the chambers of the Federal Assembly - a deviation, since the requirements established by the Constitution of the Russian Federation for the adoption of a federal law and the conditions and procedures provided for by it are unconditional and cannot be changed at the discretion of the participants in the legislative process. . Disputes between the subjects of the legislative process in connection with the procedure for adopting a federal law, in case of failure to reach an agreement, may be referred by the interested parties to the Constitutional Court of the Russian Federation.

The dispute over the interpretation of Art. 107 of the Constitution of the Russian Federation. The wording of this article of the Basic Law, which is of great importance for the adoption of laws, gave rise to various interpretations, which twice became the subject of consideration by the Constitutional Court of the Russian Federation.

For the first time, the State Duma asked the Constitutional Court whether the indication in Part 3 of Art. 107 on the total number of members of the Federation Council and deputies of the State Duma as the basis for making decisions on the approval of the law based on the sum of votes of members of both chambers of the Federal Assembly. However, such an interpretation would mean that the votes of the majority of members of the Federation Council would be dissolved in the total amount with the votes of a much larger number of Duma deputies and, consequently, would lose their independent significance.

The Constitutional Court of the Russian Federation in its decision of April 12, 1995 noted that the understanding of these provisions of Part 3 of Art. 107 as a method of summarizing voting results based on the total votes of members of the Federation Council and deputies of the State Duma is contrary to the Constitution of the Russian Federation, which in a number of its articles (Articles 100, 102, 103, 105, 108) establishes that the chambers of the Federal Assembly sit separately. This procedure is also provided for Part 3 of Art. 107. Therefore, the provision on the total number of members of the Federation Council and deputies of the State Duma contained in Part 3 of Art. 107 and part 2 of Art. 135 of the Constitution of the Russian Federation, should be understood as providing for voting separately by chambers and determining its results, respectively, from the number of each chamber, established by Parts 2 and 3 of Art. 95 of the Constitution of the Russian Federation.

The second time the subject of consideration by the Constitutional Court were the requests of the State Duma, the President of the Russian Federation and the Federation Council. The State Duma, based on the concept of “adopted law”, asked to clarify which of the chambers of the Federal Assembly sends to the President of the Russian Federation a federal law adopted by the Duma and not considered by the Federation Council within 14 days (provided that the law is not subject to mandatory consideration in the Federation Council ). The Duma believed that it was she who should do this. The State Duma also believed that it was sending to the President of the Russian Federation the federal laws adopted by it again after being rejected by the Federation Council. Finally, the State Duma raised the question of whether the cases of the return by the President of the Russian Federation of adopted federal laws without consideration can be regarded as their rejection, which is required in accordance with Part 3 of Art. 107 of the Constitution of the Russian Federation re-consideration of the law by the State Duma.

The President of the Russian Federation proceeded from the fact that the concept of “adopted federal law” includes both the adoption of a federal law by the State Duma and its approval by the Federation Council, as well as the second, after the rejection by the Federation Council, the adoption of the law by the State Duma. Therefore, the President of the Russian Federation argued that the adopted federal laws can be sent to him for signing and promulgation only by the Federation Council, with the exception of cases when, in case of disagreement of the State Duma with the decision of the Federation Council, at a repeated vote, at least two-thirds of the total number of deputies of the State Duma voted for this law .

According to the Federation Council, the provision of Part 3 of Art. 107 of the Constitution of the Russian Federation that the federal law rejected by the President of the Russian Federation is subject to consideration by the chambers of the Federal Assembly “in the manner established by the Constitution of the Russian Federation”, means that this procedure should be similar to the procedure for considering federal laws subject in accordance with Art. 106 of the Constitution of the Russian Federation for mandatory consideration in the Federation Council.

As can be seen from a comparison of these positions, the main participants in the legislative process have encountered significant disagreements on very important issues that can decide the fate of laws.

In connection with these requests, the Constitutional Court of the Russian Federation ruled in its decision of 22 April 1996 as follows.

1. Under "adopted federal laws" within the meaning of Part 1 of Art. 107 of the Constitution of the Russian Federation are understood:

laws adopted by the State Duma and approved by the Federation Council in accordance with Parts 1, 2, 3 and 4 of Art. 105 of the Constitution of the Russian Federation;

laws re-adopted by the State Duma in accordance with Part 5 of Art. 105 of the Constitution of the Russian Federation;

laws approved by the State Duma and the Federation Council in accordance with Part 3 of Art. 107 of the Constitution of the Russian Federation.

2. The adopted federal law is sent to the President of the Russian Federation by the Federation Council within five days for signing and promulgation, regardless of whether this law is approved by this chamber by voting or without consideration. In the case provided for by Part 5 of Art. 105 of the Constitution of the Russian Federation, the adopted federal law is sent to the President of the Russian Federation by the State Duma.

3. Rejection of the federal law by the President of the Russian Federation, provided for in Part 4 of Art. 107 of the Constitution of the Russian Federation, means adopted within 14
days from the date of receipt of the law, the decision of the President of the Russian Federation to refuse to sign it (veto) with an indication of the reasons for such refusal.

It is not a deviation of the federal law in the sense of Part 3 of Art. 107 of the Constitution of the Russian Federation, the return by the President of the Russian Federation of a federal law to the corresponding chamber of the Federal Assembly, which is possible only if the chamber violates the requirements established by the Constitution of the Russian Federation for the procedure for adopting federal laws and the conditions and procedures provided for by it.

4. The provision of Part 3 of Art. 107 of the Constitution of the Russian Federation that if the President of the Russian Federation rejects a federal law, the State Duma and the Federation Council, in accordance with the procedure established by the Constitution of the Russian Federation, reconsider this law, means that the provisions of Parts 1 and 3 of Art. 105, provision of part 4 of Art. 105 on the 14-day period as interpreted by the decision of the Constitutional Court of the Russian Federation of March 23, 1995, as well as the provisions of Parts 1 and 3 of Art. 107 of the Constitution of the Russian Federation. If a federal law rejected by the President of the Russian Federation has not been reconsidered by the Federation Council, it cannot be considered approved by this chamber, and the veto overridden.

Thus, the difficulties associated with the understanding of Art. 107 of the Constitution of the Russian Federation by participants in the legislative process.

Promulgation of laws. The procedure for the promulgation and entry into force of laws adopted by the Federal Assembly is regulated by the Federal Law "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" (as amended on October 22, 1999). In accordance with this Law, only those federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly that are officially published are applicable on the territory of the Russian Federation. Federal constitutional laws, federal laws are subject to official publication within seven days after the date of their signing by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are published no later than 10 days after the date of their adoption. International treaties ratified by the Federal Assembly are published simultaneously with federal laws on their ratification.

The official publication of a federal constitutional law, a federal law, an act of a chamber of the Federal Assembly is the first publication of its full text in Rossiyskaya Gazeta or the Collection of Legislation of the Russian Federation. At the same time, laws are sent for official publication by the President of the Russian Federation, and acts of the chambers of the Federal Assembly are sent for official publication by the Chairman of the corresponding chamber or his deputy. Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly may be published in other print media, as well as communicated to the public (promulgated) on television and radio, sent to state bodies, officials, enterprises, institutions, organizations, transmitted through communication channels , distributed in machine-readable form. Laws, acts of the chambers of the Federal Assembly and other documents may also be published as a separate publication.

The law establishes the procedure for the entry into force of federal constitutional laws, federal laws and acts of the chambers of the Federal Assembly. They enter into force simultaneously on the entire territory of the Russian Federation after 10 days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. "Collection of Legislation of the Russian Federation" is an official periodical publication that publishes federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, decisions of the Constitutional Court of the Russian Federation on the interpretation of the Constitution of the Russian Federation and on compliance with the Constitution RF laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation or certain provisions of the enumerated acts. When publishing a federal constitutional law and a federal law, the name of the law, the dates of its adoption (approval) by the State Duma and the Federation Council, the official who signed it, the place and date of its signing, and the registration number are indicated.