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On The Order Of Formation Of The Federation Council Of The Federal Assembly Of The Russian Federation

Original Language Title: О порядке формирования Совета Федерации Федерального Собрания Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On the procedure for forming the Federation Council of the Federal Assembly Russian Federation adopted by the State Duma on November 20, 2012 Approved by the Federation Council on 28 November 2012 02.04.2013 N 30-FZ; of 07.05.2013 N 102-FZ; dated 02.07.2013. N 147-FZ; dated 28.06.2014 N 191-FZ; dated 28.06.2014 N 196-FZ; dated 01.12.2014. N 417-FZ; dated 02.05.2015 N 123-FZ Article 1. The basis for the formation of the Federation Council of the Federal Assembly of the Russian Federation 1. The Federation Council of the Federal Assembly of the Russian Federation (hereinafter referred to as the Federation Council) shall, in accordance with the Constitution of the Russian Federation, be composed of two representatives from each constituent entity of the Russian Federation: one from the legislature. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The powers of a member of the Federation Council are exercised by the relevant State authority of the constituent entity of the Russian Federation on the basis of the expression of the will of the electorate in the constituent entity of the Russian Federation. 3. The powers of a member of the Council of the Federation are exercised accordingly by the legislative (representative) body of the State authority of the new convocation of the Russian Federation and the newly elected senior official of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The Federation Council is formed and structured according to a non-partisan principle. Members of the Federation Council do not create factions and party associations. Article 2. Candidates for delegating a member of the Federation Council 1. A candidate for membership of the Council of the Federation may be a citizen of the Russian Federation who has attained the age of 30 years, has an impeccable reputation and permanently resides in the territory of the relevant subject of the Russian Federation. of the Federation for five years, immediately preceding the nomination of a candidate for membership of the Federation Council, or in aggregate for the twenty years preceding the nomination by the candidate for assignment Member of the Federation Council. Federal Law of 28 June 2014 N196-FZ) 2. The candidate for the authority of a member of the Council of the Federation-a representative from the legislative (representative) body of the State authority of a constituent entity of the Russian Federation-can only be a member of that body that meets the requirements, as provided for in Part 1 of this Article. 2-1. In the event that the Constitution (by statute), the law of the constituent entity of the Russian Federation provides for the election of a senior official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation) by the legislative (representative) body of the State authority of the constituent entity of the Russian Federation, a candidate for the delegation of a member of the Federation Council, a representative from the executive body of the constituent entity of the Russian Federation Federation may be a State Duma deputy OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the constituent entity of the Russian Federation, or part of the territory of this constituent entity of the Russian Federation, or a member of the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation, or of a representative body of municipal education, OF THE PRESIDENT OF THE RUSSIAN FEDERATION In this case, a member of the Federation Council may also be a member of the Federation Council, a representative from the legislature. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The official of the constituent entity of the Russian Federation (the head of the supreme executive body of the constituent entity of the Russian Federation) will receive support of at least 10% of the number of representative bodies of municipal entities of the Russian Federation of the Russian Federation The candidate shall be supported by the decision of a representative body of municipal education, which shall be adopted by a majority vote of the total number of deputies of the said organ in accordance with the procedure established by its rules. The decision may be taken not earlier than 40 days and no later than 25 days before the election of the election of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the State entity) of the Russian Federation). In the event that a vote on the election of the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of the constituent entity of the Russian Federation) is to be held in the election year The composition of the deputies of the legislative (representative) body of the State power of the constituent entity of the Russian Federation, the decision may be taken not earlier than 20 days and no later than 5 days before the election of deputies. legislative (representative) body of the State THE RUSSIAN FEDERATION (Part of the addition is the federal law of 2 April 2013. (...) (...) N 123-FZ) 3. The requirement of permanent residence in the territory of the constituent entity of the Russian Federation, provided for in part 1 of this article, shall not apply to a candidate for membership in the Council of the Federation, which: " On the day of voting at the elections of the relevant State authority of the constituent entity of the Russian Federation is: (a) a member of the Council of the Federation; b) a member of the State Duma of the Federal Assembly of the Russian Federation; (2) in aggregate for five years prior to a candidate for the powers of a member of the Federation Council: (a) passes or passes military service, service in the internal affairs bodies, institutions and bodies of the penal correction system, bodies for control of turnover of narcotic drugs and psychotropic substances, customs authorities, taxation authorities, the Investigative Committee of the Russian Federation, the procuratorial authorities of the Russian Federation on the territory of the relevant subject of the Russian Federation; b) Passes or passed a diplomatic service and has a diplomatic rank Ambassador Extraordinary and Plenipotentiary; (c) replaces or replaces the public office or civil service of the relevant constituent entity of the Russian Federation; d) title or position of municipal service of the respective constituent entity of the Russian Federation. (...) (...) N 417-FZ (Part of the Federal Law dated 28.06.2014). N196-FZ) 4. Cannot be a candidate for the authority of a member of the Federation Council of the Russian Federation: 1) with a foreign State citizenship or a residence permit or another document confirming the right to permanent residence. Residence of a citizen of the Russian Federation in the territory of a foreign State; (2) declared by a court to be incompetent or limited to legal capacity; 3) held in places of deprivation of liberty by a court sentence; 4) convicted of a serious and/or a particularly serious crime Unpaid, expuned, priors or previous convictions for serious and/or particularly serious offences, except in cases where, under the new criminal law, the offence is not considered to be a serious or particularly serious offence; 5) convicted for committing an extremist crime under the Criminal Code of the Russian Federation and having a decision on the date of the election of the relevant State authority of the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION (a crime; 6) subjected to administrative penalties for committing an administrative offence under article 20.3 or 20.29 of the Code of Administrative Offences (within the period of time when OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Candidate for the powers of a member of the Council of the Federation, which is not prohibited from opening and holding accounts (deposits), holding cash and valuations in foreign banks located outside the territory of the Russian Federation, " (or) to use foreign financial instruments, shall be obliged to register the subject of the Russian Federation with the corresponding candidate for the post of the highest official of the constituent entity of the Russian Federation Executive body of the Russian Federation of the Russian Federation) or, pending consideration by the legislative (representative) authority of the subject of the Russian Federation, to close such accounts (deposits), to stop the holding of such cash and (or) to dispose of such financial instruments. (Part of the addition is the Federal Law of July 7, 2013. N 102-FZ) Article 3. The procedure for delegating authority of a member of the Council to the representative from the legislative (representative) of the State authority of the constituent entity of the Russian Federation 1. Nominations for the powers of a member of the Federation Council-a representative from the legislative (representative) body of the State authority of a constituent entity of the Russian Federation shall be submitted to that body by its chairman, faction or A group of deputies of not less than one fifth of the total number of deputies of the legislative (representative) body of the State authority of the constituent entity of the Russian Federation. The chairman, the faction, group of deputies has the right to submit to the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation no more than one candidate to confer the powers of a member of the Federation Council. 2. Consideration of the candidacy (s) by the legislative (representative) body of the constituent entity of the Russian Federation for the authority of a member of the Council of the Federation, a representative from the legislative (representative) body The State authorities of the constituent entity of the Russian Federation shall be exercised in accordance with the regulations of that body. 3. The decision to grant a member of the Council of the Federation a representative from the legislative (representative) body of the State authority of the constituent entity of the Russian Federation shall be taken by a majority vote of the total number of members of that body; and It shall be prepared by decree of the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation. 4. The decision to grant a member of the Council of the Federation a representative from the legislative (representative) body of the State authority of the constituent entity of the Russian Federation shall be made within one month from the day of the first meeting in the competent authority. The composition of the legislative (representative) body of the State power of the constituent entity of the Russian Federation of a new convocation, including in the event of the early termination of the powers of this body of the previous convocation. 5. In case all deputies of the legislative (representative) body of the State power of the constituent entity of the Russian Federation are elected in single-member electoral districts, a member of that body empowered to act as a member of the Federation Council- Representatives from the legislative (representative) body of the State authority of the constituent entity of the Russian Federation are entitled to combine the exercise of the powers of a member of the Council of the Federation and a member of the legislative (representative) body of the State. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of the addition is the Federal Law of 28 June 2014). N 191-FZ) Article 4. The procedure for delegating authority of a member of the Council to the Federations representative of the executive State authority of the subject Russian Federation 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, in accordance with article 18, paragraph 3, of the Federal Act No. 184-FZ of 6 October 1999 on the general principles of the organization of legislative (representative) and executive bodies of the constituent entities of the Russian Federation Federation ", each candidate for the post represents The corresponding election commission shall have three candidates meeting the requirements and restrictions provided for in article 2 of this Federal Law, one of which, if the applicant is elected, will be vested with the powers of a member OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, the same candidate for a member of the Federation Council-a representative from the executive body of the State power of the constituent entity of the Russian Federation-cannot be represented by various candidates for the post of the highest OF THE PRESIDENT OF THE RUSSIAN FEDERATION The list of candidates and nominations are submitted by the candidate for the post of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation) in the The corresponding electoral commission shall be simultaneously with the documents necessary for its registration as a candidate for the post. (...) (...) N 30-FZ 1-1. In the event that the Constitution (by statute), the law of the constituent entity of the Russian Federation provides for the election of a senior official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation) Representatives of the legislative (representative) body of the State authority of the constituent entity of the Russian Federation, the candidate for the post of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the State) of the Russian Federation) The legislative (representative) body of the State authority of the constituent entity of the Russian Federation three candidates meeting the requirements and restrictions provided for in article 2 of this Federal Act, one of which, in the case of The election of the submitting candidate will be entrusted to a member of the Council of the Federation, a representative from the executive body of the constituent entity of the Russian Federation. At the same time, the same candidate for a member of the Federation Council-a representative from the executive body of the State power of the constituent entity of the Russian Federation-cannot be represented by various candidates for the post of the highest OF THE PRESIDENT OF THE RUSSIAN FEDERATION List of candidates and nominations (first name, name, patronymic, date of birth, name of the constituent entity of the Russian Federation, district, city and other locality where the place of residence is located, the main place of work or service) In case of absence of main place of work or service, the occupation is presented by the candidate for the post of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the State authority of the entity) of the Russian Federation) to the legislative (representative) body OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part added-Federal Law of 02.04.2013. N 30 F) 2. Details of the candidates referred to in part 1 of this article (name, surname, patronymic, date of birth, name of the subject of the Russian Federation, district, city or other locality where the place of residence is located, the main place of work or service, The position, and in the absence of a principal place of work or occupation, shall be placed on an information stand in the polling station, indicating the applicant for the post of the highest official of the entity. of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The decision to grant the powers of a member of the Federation Council-a representative from the executive body of the constituent entity of the Russian Federation-must be accepted by the newly elected senior official of the constituent entity of the Russian Federation. (...) (...) This decision shall be issued by decree (Decree). 4. In case of early termination of powers of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of the constituent entity of the Russian Federation), elected by the citizens of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) 30-FZ) Article 5. The documents submitted by the candidate for vesting the authority of a member of the Federation Council , the candidate for membership of the Federation Council, are required to submit a legislative (representative) body accordingly OF THE PRESIDENT OF THE RUSSIAN FEDERATION the income and income of their spouse and of minor children in the year preceding the year in which he may be granted powers to a member of the Council of the Federation; 2) information on the property belonging to him and his wife (spouse) and minor children property; 3) a statement with an obligation if the Federation Council member is empowered to cease activities that are incompatible with the status of a member of the Federation Council of the Federation; 4) of his/her spouse and minor children In the case of immovable property located outside the territory of the Russian Federation, the sources of receipt of funds acquired in respect of which the property is acquired, as well as information on their obligations of property outside the territory of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 102-FZ) 5) information about his/her spouse and minor children's expenses for each purchase of a land, other real estate, transport funds, securities, shares (shares of participation, shares in statutory (warehousing) capital of organizations) committed in the last three years, if the sum of the transaction exceeds the total income of the candidate and his spouse over the last three years prior to the transaction. of the transaction and of the sources of receipt of the funds The transaction was completed; the paragraph was amended to include the Federal Law of 07.05.2013. N 102-FZ 6) written notification that it has no accounts (deposits), does not keep cash and valuations in foreign banks located outside the territory of the Russian Federation, not owned and (or) not used by foreign financial instruments. The paragraph is supplemented by the Federal Law of 07.05.2013. N 102-FZ) Article 6. Publication of the decision to grant the powers of a member of the Federation Council. The direction of the decision to empower the member of the Federation Council to the Federation Council State authority of the constituent entity of the Russian Federation, which decided to confer powers on a member of the Federation Council, The following day, the day after the decision comes into force, sends it to the Federation Council and places it on its official website in the Internet Information and Telecommunications Network. Article 7. Commencement and termination of the member's authority Federation Council 1. The powers of a member of the Federation Council shall begin on the day of the entry into force of the decision of the relevant organ of the State authority of the constituent entity of the Russian Federation on giving him the powers of a member of the Federation Council. 2. A member of the Federation Council, within three days of the entry into force of the decision to grant him the powers of a member of the Federation Council, shall send to the Federation Council and the State authority of the constituent entity of the Russian Federation, which has taken the decision, copies thereof. Applications for release from duties incompatible with the status of a member of the Federation Council. 3. The powers of a member of the Council of the Federation cease to be in force from the date of the entry into force of the decision of the relevant State authority of the constituent entity of the Russian Federation on the empowerment of a new member of the Council of the Federation, a representative of the same body. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 8. The procedure for delegating authority to a new member of the Federation Council in case of early termination of the powers of a member of the Federation Council 1. The powers of a member of the Federation Council shall be terminated prematedly on the grounds and in the manner prescribed by the Federal Act of 8 May 1994 N 3-FZ " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION In case of early termination of powers of a member of the Federation Council, a representative from the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation, the decision to grant the powers of a new member of the Federation Council- Representatives of this organ of State authority of the constituent entity of the Russian Federation shall be adopted in accordance with the procedure established by article 3 of this Federal Law no later than one month after the early termination of the powers of the previous one. Member of the Federation Council. 3. In case of early termination of powers of a member of the Federation Council, a representative of the executive body of the constituent entity of the Russian Federation, a high-ranking official of the constituent entity of the Russian Federation The State authority of the constituent entity of the Russian Federation), within 10 days, gives the powers of a member of the Council of the Federation to one of the candidates who were present in accordance with Article 4, Parts 1 and 1-1 of Article 4 Federal Act for the conduct of the election of a senior official OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 02.04.2013). N 30-FZ 3-1. In case the Council of the Federation has passed a decree on the early termination of powers of a member of the Federation Council on the grounds provided for in article 4, paragraph 1, of the Federal Act of 8 May 1994, No. 3-FZ " On the status of a member of the Council OF THE PRESIDENT OF THE RUSSIAN FEDERATION against which the ruling has been adopted, with a statement of its challenge, In case of a court decision on the recognition of the Federation Council Decision on the early termination of powers of a member of the Federation Council, a decision on the granting of powers to a new member of the Council of the Federation The Federation shall be in the order and time required by Parts 2 and 3 of this Article. (Part of the addition is the federal law of 02.07.2013. N 147-FZ 4. In the event that on the day of early termination of powers of a member of the Federation Council, a representative of the executive body of the constituent entity of the Russian Federation, it will be established that no candidate is from the list of candidates Article 4, paragraphs 1 and 1-1 of this Federal Act, cannot be delegated to a member of the Federation Council, the highest official of the constituent entity of the Russian Federation (head of the supreme executive body) OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION to the limitations contained in article 2 of this Federal Act. If all the deputies of the legislative (representative) body of the State power of the corresponding constituent entity of the Russian Federation are elected in single-member electoral districts, the deputy of that organ, The powers of a member of the Federation Council-a representative from the executive body of the State authority of the constituent entity of the Russian Federation-are entitled to combine the exercise of the powers of a member of the Federation Council and a member of the legislative (representative) body. THE RUSSIAN FEDERATION (...) (...) N 30-FZ; dated 28.06.2014. N 191-FZ) Article 9. Final provisions 1. A member of the Federation Council, elected (appointed) until the day of the entry into force of this Federal Act, shall continue to exercise its powers until the new member of the Council of the Federation is vested with the authority of the relevant body. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In case of early termination of the powers of a member of the Federation Council referred to in part 1 of this article, from 1 January 2013 to the date of voting in elections to the relevant State authority of the constituent entity of the Russian Federation: " (1) The powers of a new member of the Federation Council, a representative from the legislative (representative) body of the State, to the constituent entity of the Russian Federation shall be exercised in the manner provided for in article 3 of this Federal Act. laws, no later than one month after the date of early termination of the previous member of the Council of the Federation; 2) the delegation of a new member of the Federation Council-a representative from the executive body of the State authority of the constituent entity of the Russian Federation shall be exercised by the highest official OF THE PRESIDENT OF THE RUSSIAN FEDERATION the highest executive organ of the State of the Russian Federation) no later than ten days from the date of the early termination of the powers of the previous member of the Federation Council and shall be issued by a decree (Decree). (In the wording of the federal law of 01.12.2014) N 417-FZ) 3. The candidate for the authority of a member of the Federation Council in the case referred to in paragraph 1 of part 2 of this article may be a member of the legislative (representative) body of the State authority of the relevant subject of the Russian Federation. The candidate for the authority of a member of the Federation Council in the case referred to in paragraph 2 of part 2 of this article may be a member of the legislature (representative) of the State authority of the relevant constituent entity of the Russian Federation, and is the person who passes or passed the diplomatic service and has the diplomatic rank of Ambassador Extraordinary and Plenipotentiary. A candidate for a member of the Federation Council shall meet the requirements and limitations provided for in article 2 of this Federal Law. (In the wording of the Federal Law of 01.12.2014), N 417-FZ) Article 10. The invalidation of certain pieces of legislation (provisions ) of the Russian Federation Admit invalid: 1) Federal Law dated 5 August 2000 N 113-FZ On the procedure for forming the Federation Council of the Federal Assembly of the Russian Federation 32, sect. 3336); 2) Article 1 of the Federal Law of 16 December 2004 N 160-FZ "On amendments to the Federal Law" On the Order of Formation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law On Amendments and Additions to the Federal Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5128); 3) article 5 of the Federal Law of 25 July 2006 N 128-FZ " On introducing amendments to selected legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3427); 4) Federal Act of 21 July 2007 No. 189-FZ "On amendments to Article 1 of the Federal Law" On the Order of Formation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3803); 5) of Article 2 and 4 of the Federal Law of 14 February 2009 N 21-FZ " On amendments to selected legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 789); 6) Federal Act of 15 November 2010 N 295-FZ "On amendments to Article 2 of the Federal Law" On amendments to the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6029); 7) Federal Law of 23 February 2011 N 16-FZ "On amendments to Article 4 of the Federal Law" On amendments to the Law of the Republic of Azerbaijan " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1203); 8) Federal Act of 5 October 2011 No. 264-FZ on amending the Federal Act on the Procedure for the Formation of the Council OF THE PRESIDENT OF THE RUSSIAN FEDERATION 56-29); 9) Federal Act of 17 October 2011 No. 273-FZ "On amendments to the Federal Law" On the Procedure for the Formation of the Council OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5961). Article 11. The entry into force of this Federal Law This Federal Law shall enter into force on 1 January 2013. President of the Russian Federation Vladimir Putin Moscow, Kremlin 3 December 2012 N 229-FZ