The President can dissolve the Federation Council. The President of the Russian Federation can dissolve the State Duma in case

State Duma may be dissolved by the President Russian Federation in the cases provided for by Articles 111 and 117 of the Constitution of the Russian Federation
In particular, after a threefold rejection of the nominated candidates for the Chairman of the Government of the Russian Federation by the State Duma, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and appoints new elections (Article 111 of the Constitution of the Russian Federation)
The State Duma may express no confidence in the Government of the Russian Federation. A resolution of no confidence in the Government of the Russian Federation is adopted by a majority vote of the total number of deputies of the State Duma. After the State Duma expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation has the right to announce the resignation of the Government of the Russian Federation or disagree with the decision of the State Duma. If the State Duma within three months re-expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation announces the resignation of the Government or dissolves the State Duma (Article 117 of the Constitution of the Russian Federation)
The Chairman of the Government of the Russian Federation may raise the issue of confidence in the Government of the Russian Federation before the State Duma. If the State Duma refuses to trust, the President, within seven days, makes a decision on the resignation of the Government of the Russian Federation or on the dissolution of the State Duma and the appointment of new elections.
In the event of the dissolution of the State Duma, the President of the Russian Federation sets the date for the elections so that the newly elected State Duma meets no later than four months after the dissolution.
The State Duma cannot be dissolved on the grounds provided for by Article 117 of the Constitution of the Russian Federation within a year after its election.
The State Duma cannot be dissolved from the moment it brings charges against the President of the Russian Federation until an appropriate decision is made by the Federation Council.
The State Duma cannot be dissolved during the period of martial law or a state of emergency throughout the entire territory of the Russian Federation, as well as within six months before the end of the term of office of the President of the Russian Federation.

Already in late spring or early summer next year, the State Duma of the Russian Federation may be dissolved in order to hold elections in the fall. new system- without single-member constituencies. The possibility of such a turn of events, as Nezavisimaya Gazeta writes on Tuesday, is being considered in the Kremlin and in the Duma apparatus of United Russia, on which, first of all, the implementation of this plan depends.

According to the newspaper, the dissolution and re-election of the Duma may become "an integral part of a global project for the political reorganization of the country." The CEC confirms that the procedure for dissolving the Duma is completely legitimate and feasible, and there are even several ways to carry out this operation without changing the Constitution.

According to CEC member Elena Dubrovina, the head of state can dissolve the Duma in cases stipulated by Articles 111 and 117 of the Constitution, that is, after three times rejection of the prime minister's candidacy proposed by the president, or if the Duma expresses no confidence in the government. The decision of the lower house of no confidence in the government is adopted by the majority of the deputies, which are representatives of the "United Russia". Another option is also possible: if most of the deputies simultaneously write a statement on the early resignation of powers, the Duma will find itself in an unauthorized composition. In this case, a decision can be made to dissolve it.

According to Dubrovina, the goal of the self-dissolution action may be that henceforth the presidential elections and the appointment of the prime minister will take place not after, but before the Duma election campaign. “I don't see any other sense in the early termination of the powers of the Duma and the appointment of new elections,” says Dubrovina.

Whatever scenario is chosen, it is obvious that it is feasible only with the good will of the current Duma majority - United Russia, the newspaper notes. However, many politicians believe that there is simply no point in a possible dissolution of the Duma on the initiative of United Russia. So the vice-speaker of the State Duma, Oleg Morozov, denying the existence of such plans, said: "This option has not been discussed at any party level. The United Russia party now has very strong positions in the State Duma and it would be absurd to refuse it. New the elections, if they are held only according to the proportional system, will be very difficult for United Russia. After all, the current size of our faction has been achieved largely thanks to the single-mandate members. "

Nevertheless, opposition politicians are confident that such a project is real and can be launched soon. Its main plus is in the current favorable situation: the opposition is fragmented and demoralized, the Communist Party of the Russian Federation is split, the Yabloko people and the right have still not recovered from the 2003 elections. In addition, the situation on the oil market is developing in favor of the authorities: high incomes make it possible to pay salaries and pensions without interruption, finance housing and communal services, and pay off foreign debts. By 2007, everything can change dramatically.

But it seems that the main reason for this development of events in the "problem of 2008", the newspaper notes. If the elections to the Duma took place on the previously appointed date, they would coincide with the election of the head of state.

“If the elections are urgently held under the new provisions, then, I think, the majority of parties simply will not be able to take part in them,” said Irina Khakamada, co-chair of the 2008 Committee. “And thus it will be possible to create a virtually one-party parliament. functions. It is possible that the Constitution will be amended, according to which the parliament will elect the president. "

The first case in which the President can dissolve the lower house of the Federal Assembly is provided for in the procedure for forming the Government of the Russian Federation (part 4 of article 111). The President begins the formation of the Government by submitting to the State Duma a proposal on the candidacy of the Chairman of the Government, which is considered by the Duma within a week from the date of the proposal (part 2 and part 3 of article 111). At the same time, the Constitution, firstly, does not oblige the President not to propose candidates previously rejected by the State Duma. Secondly, if the Duma rejects the candidacy of the Prime Minister presented to it, the President re-submits the proposal within a week, but at the same time he is not obliged to propose a new candidate. Article 111 of the Satversme does not pursue the aim of appointing as the Chairman of the Government the person who enjoys the confidence of the State Duma. Within the meaning of Art. 111, the President himself decides whom to appoint as the Prime Minister, but at the same time must follow a kind of ritual - no more than three times to propose to the people's deputies, under the threat of their dissolution, to legitimize the power of the future Prime Minister. “After three times rejection of the nominations for the Chairman of the Government of the Russian Federation by the State Duma, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and appoints new elections” (Part 4, Article 111). In this case, the performance of the described actions by the President is not a right, but an obligation: “dissolves” (!), And not “can dissolve”. True, the fulfillment of this duty is not bound by any term (in contrast to the duty of the President, established in part 4 of article 117). At the same time, the text of Part 4 of Art. Ill assumes that decisions on the appointment of the Prime Minister and on the dissolution of the Duma should be made simultaneously. The President cannot appoint the Chairman of the Government and postpone the dissolution of the Duma for an indefinite period.

The State Duma may be dissolved in the cases provided for by Article 117 of the Constitution. Part 3 of Article 117 speaks of expressing no confidence in the Government. The adoption by the Duma of a resolution of no confidence in the Government does not mean its resignation, since the President has the right to reject this resolution. “If the State Duma within three months re-expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation announces the resignation of the Government of the Russian Federation or dissolves the State Duma,” reads the last sentence of Part 3 of Article 117 of the Constitution. The presented possibility of dissolving the Duma is very inconvenient for the President. In addition to a rather lengthy procedure, the initiative of the Duma itself is also required. However, there is always an opportunity to defend the Government thanks to the alternative provided for in Part 3 of Article 117, i.e. the meaning of the expression of distrust is perverted. For comparison: in France, where the form of government is sometimes considered similar to that of Russia in the context of the early dissolution of parliament8, the consequence of expressing a censure to the Government will be, at a minimum, the handing over to the President of the Republic of a letter of resignation of the Government.

8 See: Entin L.M. Separation of powers: the experience of modern states. M., 1995. A simpler possibility of dissolving the State Duma is given to the President in Part 4 of Art. 117 of the Constitution, which refers to the statement by the Chairman of the Government of the question of confidence in the Government before the State Duma. In this case: "If the State Duma refuses to trust, the President, within seven days, makes a decision on the withdrawal of the Government of the Russian Federation or on the dissolution of the State Duma and the appointment of new elections." The President (with the political dependence of the Government on the President) can resort to this procedure when it is convenient for him, and it is this procedure that proves the seriousness of the President's powers to dissolve the lower house of the Federal Assembly. The parliamentarians face an alternative: either to express confidence in the Government, and in case of fundamental disagreements with the Government, this is not always possible for political reasons, or the Duma will be dissolved. In such a situation, the President almost always wins. Comparison of the wording of Part 3 and Part 4 of Article 117 leads to the following conclusions regarding the consequences for the State Duma in three variants of expressing distrust or refusal to trust the Government. If the Duma expresses its distrust to the Government once, this does not entail any negative consequences for the Duma. The President may not react in any way to the formal expression of the Duma's position if he does not strive to aggravate the confrontation. At the same time, for opportunistic reasons, he can use the reason given to him by the Duma to make a decision on the resignation of the Government. If the Duma within three months re-expresses its no confidence in the Government, then negative consequences may ensue for it, since now the President has the right to dissolve the Duma. Even if the President is not going to announce the resignation of the Government, he still has the right, but is not obliged to dissolve the Duma! At first glance, it may seem that the last sentence of Part 3 of Art. 117 is formulated in such a way that the President has a simple alternative: if not the resignation of the Government, then the dissolution of the State Duma; without making a decision on the resignation of the Government, the President will be obliged to dissolve the Duma. However, unlike the last sentence of Part 4 of Art. 117, part 3 of Art. 117 does not bind the President with any deadline in deciding this dilemma. In other words, the President has the right, but not the obligation, either to announce the resignation of the Government, or to dissolve the Duma, since the deadline for making a decision is not established by the Constitution. In any case, until Part 3 of Art. 117 did not receive any other interpretation (see 4.2.1.4.), It does not imply the President's obligation within a certain reasonable time to respond to the Duma's repeated expression of no confidence in the Government. Consequently, if the President wants to keep the Government and does not want to dissolve the Duma, as he fears the strengthening of the position of his opponents in the newly elected Duma, he formally has the right to make the decision prescribed in Part 3 of Art. 117, as long as you like. Finally, part 4 of Art. 117 establishes that in case of refusal to trust the Government, the President is already obliged within seven days to respond to the expression of the position of the Duma. In this case, the deputies of the State Duma should be aware that the President, wishing to preserve the Government, will inevitably agree to dissolve the Duma. The dissolution of the lower house of parliament in connection with the expression of no confidence or refusal of confidence in the government makes sense only if the newly elected lower house elects a new head of government. In Russia, the Chairman of the Government is appointed by the President - and regardless of the will or even against the will of the Duma majority. Consequently, part 4 of Art. 117 contains constitutional and legal nonsense: the Chairman of the Government, who does not need the support of the Duma majority, raises the question of trust, and in case of refusal of confidence, the President dissolves the Duma. The dissolution of the Duma should not be the result of a refusal of confidence, which is not needed.

Restrictions on the dissolution of the State Duma

According to Part 3 of Art. 109 The State Duma cannot be dissolved on the grounds provided for by Article 117 of the Constitution of the Russian Federation, within a year after its election. This provision creates the illusion of parliamentary responsibility of the Government: if the Duma expresses no confidence in the Government or refuses to trust it within a year after its election, the President will not be able to dissolve the State Duma and will be obliged to dismiss the Government. But according to Part 5 of Art. 117 The Government will function until a new Government is formed. And the new Government is formed according to the rules of Art. 111. And if the President proposes to the Duma the candidacy of the dismissed Prime Minister and the Duma confirms three times its distrust of this candidacy (the opposite would mean complete political lack of principle), then it will be dissolved on the basis of Part 4 of Art. 111. Thus, the actions of the Duma provided for in part 3 and part 4 of article 117 and part 3 of article 109, taking into account part 5 of article 117 and article 111, if the President so wishes, will end the dissolution of the Duma and the preservation of the Government. Finally, 4.3 Art. 109 does not prevent the President himself from deciding on the resignation of the Government (4.2, Art. 117) and then acting according to the rules of Art. 111. Article 109 prohibits the dissolution of the Duma in extraordinary situations on any grounds: the Duma cannot be dissolved from the moment it brings charges against the President of Russia until the relevant decision is taken by the Federation Council (part 4 of Article 109) and

During the period of martial law or a state of emergency throughout Russia (part 3 of article 109). Finally, part 5 of Art. 109 establishes that under normal conditions the Duma cannot be dissolved on any grounds within six months before the end of the term of office of the President. This provision was introduced in order to prevent the President from being left immediately before the presidential elections as the only rule-making instance that issues supreme acts. state power... It is reasonable to assume that in the situations provided for in Part 4 and Part 5 of Art. 109, the President himself will not take actions in accordance with parts 2 and 4 of article 117. If, however, in one of these situations (unlikely under martial law, since under these conditions the role of the legislative body of state power will be minimal anyway), the Duma twice for short term will express distrust to the Government, i. e. If he tries to achieve the appointment of a Prime Minister by a candidate who suits the Duma majority, the consequences may be as follows. First, as already mentioned, Part 3 of Art. 117 does not set a deadline for the President to make a decision after a second expression of no confidence in the Government. Of course, it cannot be considered that the President in making such a decision should not be bound by any term, because in such a case, Part 3 of Art. 117 loses all meaning. But until the amendment to Part 3 of Art. 117 or, say, the Constitutional Court of the Russian Federation will not interpret Part 3 of Art. 117, which establishes a reasonable period for making a decision (for example, seven days - by analogy with part 4 of article 117), the President in situations of part 4 and part 5 of article 109 may postpone the decision on the resignation of the Government for an indefinite term. For example, if the Duma, expressing no confidence in the Government, brings an accusation against the President and re-expresses no confidence, then during the period of consideration of the accusation the Government will not resign anyway; on the other hand, if the accusation is rejected, the President will be able to immediately dissolve the Duma on the basis of Part 3 of Art. 117. Secondly, if we assume that such a deadline has been established, and the Duma, within three months, re-expresses its no confidence in the Government within the time period specified in part 4 or part 5 of Art. 109, the President will be forced to decide on the resignation of the Government in accordance with Part 3 of Art. 117. Moreover, the subsequent dissolution of the Duma in accordance with Part 4 of Art. 111 during this time period will not be possible. (Under such an assumption, the illusion of parliamentary responsibility of the Government arises again). But the impossibility of dissolving the Duma on the basis of Part 4 of Art. 111 does not mean the impossibility of appointing the Prime Minister in accordance with the same Part 4 of Art. 111. And if the President wishes to preserve the formally dismissed Government, he will restore it after the procedures provided for in Part 2 and Part 3 of Art. 111, i.e. in accordance with Part 4 of Art. 111 will appoint the Chairman of the Government that suits him (for example, the one who headed the Government before the formal decision to resign), but will not dissolve the Duma, since at the moment this is impossible by virtue of Part 4 or Part 5 of Article 109. In any case, if during the period specified in Part 4 or Part 5 of Art. 109, it is necessary to appoint the Chairman of the Government, and the Duma will reject the submitted candidates three times, then the President simply appoints the Chairman of the Government, but does not dissolve the Duma. Thus, restrictions on the dissolution of the State Duma, which is empowered to express no confidence in the Government, do not mean the parliamentary responsibility of the Government.

The powers of the State Duma may be terminated ahead of schedule due to its dissolution.

According to the Constitution of the Russian Federation, the State Duma may be dissolved by the President of the Russian Federation in the cases and in the manner provided for by the Constitution of the Russian Federation.

The Constitution of the Russian Federation in Art. 111, 117 contains three grounds for dissolving the State Duma:

1) The State Duma is dissolved after a threefold rejection of the candidacies of the Chairman of the Government of the Russian Federation submitted to it by the President of the Russian Federation;

2) The State Duma may be dissolved by the President of the Russian Federation if the Chairman of the Government of the Russian Federation has raised the issue of confidence in the Government of the Russian Federation before the State Duma, and she refuses to trust the Government of the Russian Federation;

3) The State Duma may be dissolved by the President of the Russian Federation, if within three months it repeatedly expresses no confidence in the Government of the Russian Federation.

In the event of the dissolution of the State Duma, the President of the Russian Federation sets the date for new elections so that the newly elected State Duma meets no later than four months after the dissolution of the previous one.

The State Duma cannot be dissolved in the following cases:

1) in connection with her expression of no confidence in the Government of the Russian Federation within a year after her election;

2) from the moment she brings charges against the President of the Russian Federation until the appropriate decision is made by the Federation Council;

3) during the period of martial law or a state of emergency throughout the territory of the Russian Federation;

4) within six months before the end of the term of office of the President of the Russian Federation.

58. Legislative process in the Russian Federation: concept, stages, subjects.

Parliamentarianism: theory and practice

Legislative process in the Russian Federation

Legislative process is the process of submission to the legislative body, adoption, publication and entry into force of laws, regulated by the Constitution of the Russian Federation, laws and other regulatory legal acts.

The Constitution of the Russian Federation and the regulations of the chambers of the Federal Assembly of the Russian Federation provide for the following stages of the legislative process:

1. Submission of a bill is a legislative initiative.
Legislative initiative is a constitutional opportunity to submit to the State Duma draft federal laws, constitutional and simple laws, as well as draft laws on amendments and additions to existing legislation, as well as on the recognition of certain laws as invalid and invalid. The President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, legislative (representative) bodies of the constituent entities of the Russian Federation have the right to initiate legislation. This right also belongs to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme To the Arbitration Court RF on the issues of their conduct. The listed state bodies, officials, members of representative bodies are called subjects of the right of legislative initiative. Certain types of bills related to state finances can be introduced only if there is an opinion of the Government of the Russian Federation; these are bills on the introduction or abolition of taxes, exemption from their payment, on the issue of state loans, on changing the financial obligations of the state and other bills providing for expenses covered by the federal budget.

Bills are submitted to the State Duma of the Federal Assembly of the Russian Federation.

A bill prepared for submission to the chamber is sent by the subject of the right of legislative initiative to the Chairman of the State Duma. The regulations of the chamber provide for the compulsory registration of the draft law by the subdivisions of its apparatus. A draft law shall be considered submitted to the State Duma from the date of its registration with the Department of Documentation Support of the Staff of the Chamber, where an electronic registration card is issued, it records information about the draft law and the timing of its receipt by the Chamber, the stages of its passage in the Chamber, etc. The State Duma sends it to the appropriate committee on the subjects of its jurisdiction to determine its compliance with the requirements of Art. 104 of the Constitution of the Russian Federation. Within 14 days, the committee is obliged to consider the bill and send it to the Council of the State Duma. The Council of the House appoints the relevant committee responsible for the bill, and also makes a decision on including this bill in the approximate program of legislative work of the Chamber for the next session or in the calendar of consideration of issues for the next month.

2. Discussion of the bill in the State Duma. As a rule, it takes place in three readings. An exception is the consideration of the draft law on the federal budget, which is held in four readings.

The first reading of the draft law is an initial consideration of the draft law at a gliding meeting of the lower house (its main provisions are discussed, the issue of the need for adoption, the concept of a legally draft law, an assessment is made of the compliance of the main provisions of the draft law with the Constitution of the Russian Federation).

In the period between the first and second readings, within a specified period (it cannot be less than 15 days, and for a bill on subjects of joint jurisdiction - at least 30 days), subjects of the right of legislative initiative can send amendments to the State Duma, which is responsible for the bill under discussion, i.e. e. proposals to amend, supplement or exclude a particular article, its part, wording, section of the draft law considered in the first reading. The amendments are summarized by the responsible committee of the State Duma in the form of a table of amendments and then submitted for discussion by the chamber during the second reading.

The second reading of the bill presupposes a discussion at a gliding session of the chamber of amendments received from the subjects of the right of legislative initiative to the bill, and a vote on its adoption as a basis and in general. The bill, adopted in the second reading, is sent to the responsible committee for the elimination of internal contradictions with the participation of the legal department, the establishment of the correct relationship of articles and editorial revisions. Upon completion of such work, the responsible committee sends the bill to the council of the chamber for inclusion in the draft of the order of the chamber.

The third reading of the bill is the final discussion in the State Duma of the bill without the right to amend it and consider it as a whole. If the bill is adopted in the third reading, then it is not subject to further consideration.

3. Adoption of the law. Federal laws are adopted by the State Duma by a majority vote of the total number of its deputies; when voting on draft federal constitutional laws, at least two-thirds of the votes of the total number of Deputies of the State Duma are required.

4. Consideration and approval by the Federation Council of a federal law adopted by the State Duma. Federal laws adopted by the State Duma are submitted within 5 days to the Federation Council, which considers and puts to a vote the laws received from the State Duma. Federal laws on the federal budget, federal taxes and fees, financial, currency, credit, customs regulation, emission of money, ratification and denunciation of international treaties of the Russian Federation, the status and protection of the state border of the Russian Federation, war and peace (Art. 106 of the Constitution of the Russian Federation). However, if within 14 days a federal law adopted by the State Duma has not been considered by the Federation Council, then it is also considered approved by this chamber. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it. The law can be rejected.

5. In this case, an additional stage may arise - overcoming disagreements between the Federation Council of the Russian Federation and the State Duma in connection with the rejection of the law adopted by the State Duma.

6. Signing and promulgation of the federal law by the President of the Russian Federation. This is the final stage of the legislative process. The participation of the head of state is an integral part of the legislative process. The adopted federal law is sent to him for signing and promulgation within five days. And within 14 days from the date of receipt of the federal law, the President of the Russian Federation must make a decision and choose one of two possible options for his actions in relation to it. First, during this period, the head of state can sign a federal law and promulgate it, after which it enters into force in the prescribed manner. Secondly, the President of the Russian Federation within the same period can exercise his constitutional right of veto and reject the federal law without signing it.

59. The constitutional and legal status of a member of the Federation Council and a deputy of the State Duma: procedure for election (appointment), grounds for termination of powers; forms of activity, immunity (parliamentary immunity).

Fundamental Rights and Duties of a Member of Parliament
In the interests of increasing the efficiency of the work of parliamentarians in representative bodies of state power, creating the most favorable conditions for the exercise of their powers, the Russian legislation established the status of a member of the corresponding chamber of parliament. The status of a parliamentarian is understood as his rights and obligations enshrined in legislation, as well as the main legal and social guarantees for the implementation of the activities of parliamentarians.
Legislation defines the main forms of activity of parliamentarians:
a) participation in meetings of the Federation Council and the State Duma, respectively, in joint meetings of the chambers of the Federal Assembly;
> b) participation in the work of the relevant committees and commissions of the chambers of the Federal Assembly; conciliation commissions created by the Federation Council and the State Duma;
c) participation in the fulfillment of orders of the relevant chamber of the Federal Assembly and its bodies (committees and commissions);
d) participation in parliamentary hearings;
e) work with voters.
In addition, the forms of deputy activity of a deputy of the State Duma are:
a) participation in the work of deputy associations - factions and deputy groups in the State Duma. Such factions or groups are formed from among the deputies - representatives of political parties and electoral associations;
b) addressing a question to members of the Government of the Russian Federation at a meeting of the State Duma.
The activities of a parliamentarian can also be carried out in other forms stipulated by the Constitution of the Russian Federation, federal laws and regulations of the chambers of the Federal Assembly.
The legislation establishes the basic rights and obligations of a parliamentarian. The basic rights of a member of the Federation Council and a deputy of the State Duma include:
a) the right to initiate legislation. This right is exercised by members of parliament submitting to the State Duma bills and amendments to them, legislative proposals for the development and adoption of new federal laws, as well as bills on amendments and additions to existing laws or on the recognition of these laws as invalid.
b) the right of a decisive vote on all issues considered by the relevant chamber of the Federal Assembly of the Russian Federation. This right is ensured by the personal participation of each parliamentarian in the work of the corresponding chamber of the Russian parliament;
c) the right to participate in the work of the committees and commissions of the corresponding chamber of the Federal Assembly, of which they are members. Parliamentarians elected to the committees and commissions of the chambers have the right to personally participate in the discussion and resolution of all issues considered at the meetings of the committees and commissions;
d) the right to receive and disseminate information. Parliamentarians are provided with all documents adopted by the chambers of the Federal Assembly, as well as documents, information and reference materials officially distributed by the Presidential Administration, the Government, the Constitutional Court and other supreme judicial bodies of the country, other state bodies and public associations.
The right of a parliamentarian to disseminate information is realized by providing him with advantages when speaking on his activities in the state mass media.
Legislation considers one of the most important duties of a parliamentarian to maintain constant communication with voters.
The duty of a parliamentarian is to submit, in accordance with the established procedure, a declaration of income to the tax authorities and information on changes in his property status. Members of the Federation Council and deputies of the State Duma represent them to the corresponding chamber of the Russian parliament. Information about violations revealed as a result of the audit tax authorities, are published in the official publications of the representative bodies of state power.
2. Organizational and legal guarantees of deputy activity
The most important legal guarantee of the activity of a parliamentarian is his immunity. A member of the Federation Council and a deputy of the State Duma enjoy immunity throughout their term of office. They cannot be detained, arrested, or searched, except when they are detained at the scene of a crime. They also cannot be subjected to personal search except in cases when it is provided by federal law to ensure the safety of other people.
The issue of depriving a member of parliament of immunity is decided upon by the Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly.
Among the social guarantees for the activities of a parliamentarian, the legislation includes his compulsory state insurance.
The term of office of a parliamentarian is counted in the total and continuous length of service in his former specialty. At the end of the term of office, he is given the previous job (position), and in its absence - another equivalent job (position) at the previous place of work or, with his consent, at another enterprise, institution, organization.
A member of the Federation Council and a deputy of the State Duma shall be reimbursed on a monthly basis for expenses related to their activities (transport, postage, telephone calls, etc.) in an amount equal to five times the minimum wage.
A member of the Federation Council and a deputy of the State Duma is granted an annual paid leave of 48 working days with payment of a treatment allowance in the amount of his double monthly monetary remuneration.
For the term of office, members of the Federation Council and deputies of the State Duma are provided with living quarters in the form of a service apartment or a double room in a hotel.
The most important organizational guarantee of a parliamentarian's activities is the right to have assistants. A member of the Federation Council and a deputy of the State Duma may have up to 5 assistants for work in this chamber and for work in their constituency. Deputy assistants are hired on a permanent basis by the order of the chief of staff of the relevant chamber for a period not exceeding the term of office of the parliamentarian.

The latest edition of Article 109 of the Constitution of the Russian Federation states:

1. The State Duma may be dissolved by the President of the Russian Federation in the cases provided for by Articles 111 and 117 of the Constitution of the Russian Federation.

2. In the event of the dissolution of the State Duma, the President of the Russian Federation shall set the date for the elections so that the newly elected State Duma will meet no later than four months after the dissolution.

3. The State Duma cannot be dissolved on the grounds provided for by Article 117 of the Constitution of the Russian Federation within a year after its election.

4. The State Duma may not be dissolved from the moment it brings charges against the President of the Russian Federation until the adoption of an appropriate decision by the Federation Council.

5. The State Duma may not be dissolved during the period of martial law or a state of emergency throughout the entire territory of the Russian Federation, as well as within six months before the expiration of the term of office of the President of the Russian Federation.

Commentary on Art. 109 CRF

1. The dissolution of the parliament or its lower house by the head of state is a constitutional means of resolving a government crisis caused by a conflict between the legislative and executive branches or the inability to form a government with the support of a parliamentary majority for a long time. The institution of such dissolution is characteristic feature parliamentary or mixed form board. Only the presidential republics (USA, Mexico, Brazil, etc.) do not know this institution. The dissolution of parliament or its lower house is a balance of their right to express no confidence in the government, which entails its resignation. Through the dissolution and subsequent elections, voters are given the opportunity to resolve the conflict between the authorities: depending on which parties win the elections, the question of whether the former head of government (and therefore, in many respects, the rest of its composition) will remain or will be replaced by a new one will be decided.

In our country, an attempt to create in 1991 a form of government close to the American one was unsuccessful. The low level of political culture of the society led to the fact that the legislative and executive powers failed to establish cooperation, turned out to be incapable of compromises, and a conflict between them almost caused in 1993. civil war... There was no constitutional way out of the impasse that had arisen. Therefore, when developing the current Constitution of the Russian Federation, it was decided to create such exits, and one of them was the institution of dissolution of the State Duma by the President of the Russian Federation. This authority of the President is written in paragraph "b" of Art. 84 of the Constitution and regulated in its Art. 111 (part 4) and 117 (parts 3 and 4) in connection with the formation of the Government of the Russian Federation and its relationship with the State Duma (see comments to these articles). From the wording of the commented part, we can conclude that in all cases specified in the Constitution of the Russian Federation, the early dissolution of the State Duma depends on the discretion of the President, but this is true only in relation to parts 3 and 4 of Art. 117 of the Constitution, while part 4 of Art. 111 unambiguously obliges the President to dissolve the State Duma if it rejects the President's proposal on the candidacy of the Prime Minister three times.

It is not clear from the Constitution from what moment the powers of the State Duma are terminated in the event of its dissolution: whether it can keep them until the start of the next State Duma, as provided for in the event of the expiration of its term of office in Part 4 of Art. 99 of the Constitution (see comments to it)? The Constitutional Court of the Russian Federation in its Resolution of November 11, 1999 N 15-P on the case of the interpretation of Art. 84 (clause "b"), 99 (parts 1, 2 and 4) and 109 (part 1) of the Constitution of the Russian Federation (SZ RF 1999. N 47. Art. 5787) indicated in clause 1 of the operative part that the dissolution of the State Duma by the President of the Russian Federation means the termination, starting from the moment of the appointment of the date of the new elections, of the exercise by the State Duma of the powers provided for by the Constitution of the Russian Federation to pass laws, as well as its other constitutional powers, which are implemented by making decisions at meetings of the chamber. At the same time, the exercise of these powers of the State Duma by the President of the Russian Federation, the Federation Council, and other state authorities is excluded.

2. The commented part is a constitutional guarantee that in the event of the dissolution of the State Duma, the country will not remain without a legislative body for a long time. The Federation Council is not subject to dissolution, however, without the State Duma, it can only exercise the powers listed in Art. 102 of the Constitution, while the legislative function of the Federal Assembly after the dissolution of the State Duma cannot be carried out.

In order to comply with the four-month deadline established in the commented part, no later than which the newly elected State Duma must begin work, it is necessary that the elections be held no later than three months after the dissolution, for, according to Part 2 of Art. 99 of the Constitution, the State Duma must meet at its first meeting on the 30th day after the election. With this date in mind, the election campaign should be planned.

The Federal Law of June 12, 2002 "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" including early elections to the State Duma, which must be held in the event of its dissolution. From part 7-9 of Art. 10 of this Federal Law, it follows that the decision to schedule elections to the State Duma must be made no earlier than 110 days and no later than 90 days before voting day and must be officially published in the media no later than five days from the date of its adoption. When calling early elections, these terms, as well as the terms for carrying out other electoral actions, may be reduced, but not more than by a third. If the President of the Russian Federation does not call elections within the specified time frame, the elections are called by the Central Election Commission of the Russian Federation in the manner prescribed by federal law. This decision of hers is published no later than 7 days after the expiration of the established time limit for the official publication of the decision on the appointment of elections. And if the Central Election Commission of the Russian Federation does not appoint elections within the time period established for it, or if it is absent and cannot be formed in accordance with the procedure provided for in this Federal Law, the Supreme Court of the Russian Federation may determine the term, no later than which the President, and in his absence, the CEC must call elections.

Accordingly, the Federal Law of May 18, 2005 "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" (SZ RF. 2005. N 21. Art. 1919; with amendments and additions) established in Part 1 of Art. 6 that the holding of elections of deputies of the State Duma within the time limits established by the Constitution of the Russian Federation and this Federal Law is mandatory. Parts 2 and 3 of this article set out the above provisions arising from the Federal Law on the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation, and according to its parts 4-7 during the dissolution of the State Duma in the cases and procedure provided for by the Constitution of the Russian Federation , The President simultaneously calls early elections of the deputies of the State Duma of the new convocation. In this case, voting day is the last Sunday before the day when three months expire from the date of dissolution of the State Duma. The decision to call early elections is subject to official publication in the media no later than five days from the date of its adoption. If the President, having dissolved the State Duma, does not call early elections of its deputies, these elections are called by the Central Election Commission of the Russian Federation and are held on the last Sunday before the day when three months expire from the date of dissolution of the State Duma. The CEC's decision on calling early elections is published no later than 7 days after the expiration of the established deadline for the official publication of the decision on calling early elections.

Of course, the situation related to the non-appointment of early elections of deputies of the State Duma simultaneously with its dissolution is almost impossible, and yet it seems that, if it happened, it would be more correct to consider a decree on the early dissolution of the State Duma, which does not provide for the appointment of new elections of its deputies to the statutory period, null and void. This would be better than entrusting the RF Central Election Commission with the exercise of the constitutional powers of the RF President.

3. The commented part contains the first limitation on the possibility of dissolving the State Duma. Within a year after the election of the State Duma, it cannot be dissolved if it expresses no confidence in the Government of the Russian Federation or refuses to trust it (see comments to parts 3 and 4 of article 117). Obviously, in these cases, the President of the Russian Federation must accept the resignation of the Government or dismiss it if it does not resign itself.

During this period, the State Duma is subject to dissolution only if it rejects the candidacies for the post of Chairman of the Government presented by the President three times (see the commentary to Part 4 of Article 111).

4. The commented part means the second limitation of the possibility of dissolving the State Duma. Dissolution is impossible after the State Duma adopted a resolution to bring charges against the President of the Russian Federation of high treason or committing another grave crime (see the commentary to Art. 93 and paragraph "g" of Part 1 of Art. 103). The prohibition of dissolution is valid for the period until the Federation Council makes its decision on the charge or until the time provided for in Part 3 of Art. 93 of the Constitution for a three-month period. If the President is removed from office, then, naturally, he cannot dissolve the State Duma. The same applies to the Chairman of the Government of the Russian Federation, who, in the event of the removal of the President from office, as well as in other cases when the President is unable to fulfill his duties, replaces him (see the commentary to part 3 of article 92). If the President remains in office, then after the relevant resolution of the Federation Council or the expiration of the specified in part 3 of Art. 93 of the Constitution of the three-month period, his power to dissolve the State Duma in the prescribed cases shall be restored.

5. In the commented part, there are two more restrictions on the possibility of dissolving the State Duma.

The first of them is valid during the period of martial law or a state of emergency. It is obvious that in conditions when, due to extraordinary circumstances, the powers of the executive branch are expanding, it is especially important that there is a serious counterbalance to it in the person of a full-fledged legislative branch. During such a period, the parliament should be especially careful to ensure that martial law or a state of emergency lasts no longer than the required time and that the executive branch remains within the framework of the Constitution of the Russian Federation and federal laws, including federal constitutional laws.

It should be emphasized that the President's power to dissolve the State Duma in the established cases is suspended only if martial law or a state of emergency is declared throughout the territory of the Russian Federation, and not in its part.