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The 628-member parliament, termed the Federal Assembly, consists of two chambers, the 450-member State Duma (the lower house) and the 178-member Federation Council (the upper house). Russia's legislative body was established by the constitution approved in the December 1993 referendum. The first elections to the Federal Assembly were held at the same time--a procedure criticized by some Russians as indicative of Yeltsin's lack of respect for constitutional niceties. Under the constitution, the deputies elected in December 1993 were termed "transitional" because they were to serve only a two-year term. In April 1994, legislators, Government officials, and many prominent businesspeople and religious leaders signed a "Civic Accord" proposed by Yeltsin, pledging during the two-year "transition period" to refrain from violence, calls for early presidential or legislative elections, and attempts to amend the constitution. This accord, and memories of the violent confrontation of the previous parliament with Government forces, had some effect in softening political rhetoric during the next two years.
The first legislative elections under the new constitution included a few irregularities. The republics of Tatarstan and Chechnya and Chelyabinsk Oblast boycotted the voting; this action, along with other discrepancies, resulted in the election of only 170 members to the Federation Council. However, by mid-1994 all seats were filled except those of Chechnya, which continued to proclaim its independence. All federal jurisdictions participated in the December 1995 legislative races, although the fairness of voting in Chechnya was compromised by the ongoing conflict there.
The Federal Assembly is prescribed as a permanently functioning body, meaning that it is in continuous session except for a regular break between the spring and fall sessions. This working schedule distinguishes the new parliament from Soviet-era "rubber-stamp" legislative bodies, which met only a few days each year. The new constitution also directs that the two chambers meet separately in sessions open to the public, although joint meetings are held for important speeches by the president or foreign leaders.
Deputies of the State Duma work full-time on their legislative duties; they are not allowed to serve simultaneously in local legislatures or hold Government positions. A transitional clause in the constitution, however, allowed deputies elected in December 1993 to retain their Government employment, a provision that allowed many officials of the Yeltsin administration to serve in the parliament. After the December 1995 legislative elections, nineteen Government officials were forced to resign their offices in order to take up their legislative duties.
Despite its "transitional" nature, the Federal Assembly of 1994-95 approved about 500 pieces of legislation in two years. When the new parliament convened in January 1996, deputies were provided with a catalog of these laws and were directed to work in their assigned committees to fill gaps in existing legislation as well as to draft new laws. A major accomplishment of the 1994-95 legislative sessions was passage of the first two parts of a new civil code, desperately needed to update antiquated Soviet-era provisions. The new code included provisions on contract obligations, rents, insurance, loans and credit, partnership, and trusteeship, as well as other legal standards essential to support the creation of a market economy. Work on several bills that had been in committee or in floor debate in the previous legislature resumed in the new body. Similarly, several bills that Yeltsin had vetoed were taken up again by the new legislature.
Structure of the Federal Assembly
The composition of the Federation Council was a matter of debate until shortly before the 1995 elections. The legislation that emerged in December 1995 over Federation Council objections clarified the constitution's language on the subject by providing ex officio council seats to the heads of local legislatures and administrations in each of the eighty-nine subnational jurisdictions, hence a total of 178 seats. As composed in 1996, the Federation Council included about fifty chief executives of subnational jurisdictions who had been appointed to their posts by Yeltsin during 1991-92, then won popular election directly to the body in December 1993. But the law of 1995 provided for popular elections of chief executives in all subnational jurisdictions, including those still governed by presidential appointees. The individuals chosen in those elections then would assume ex officio seats in the Federation Council.
Each legislative chamber elects a chairman to control the internal procedures of the chamber. The chambers also form committees and commissions to deal with particular types of issues. Unlike committees and commissions in previous Russian and Soviet parliaments, those operating under the 1993 constitution have significant responsibilities in devising legislation and conducting oversight. They prepare and evaluate draft laws, report on draft laws to their chambers, conduct hearings, and oversee implementation of the laws. As of early 1996, there were twenty-eight committees and several ad hoc commissions in the State Duma, and twelve committees and two commissions in the Federation Council. The Federation Council has established fewer committees because of the part-time status of its members, who also hold political office in the subnational jurisdictions. In 1996 most of the committees in both houses were retained in basic form from the previous parliament. According to internal procedure, no deputy may sit on more than one committee. By 1996 many State Duma committees had established subcommittees.
Committee positions are allocated when new parliaments are seated. The general policy calls for allocation of committee chairmanships and memberships among parties and factions roughly in proportion to the size of their representation. In 1994, however, Vladimir Zhirinovskiy's Liberal-Democratic Party of Russia (Liberal'no-demokraticheskaya partiya Rossii--LDPR), which had won the second largest number of seats in the recent election, was denied all but one key chairmanship, that of the State Duma's Committee on Geopolitics.
The two chambers of the Federal Assembly possess different powers and responsibilities, with the State Duma the more powerful. The Federation Council, as its name and composition implies, deals primarily with issues of concern to the subnational jurisdictions, such as adjustments to internal borders and decrees of the president establishing martial law or states of emergency. As the upper chamber, it also has responsibilities in confirming and removing the procurator general and confirming justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, upon the recommendation of the president. The Federation Council also is entrusted with the final decision if the State Duma recommends removing the president from office. The constitution also directs that the Federation Council examine bills passed by the lower chamber dealing with budgetary, tax, and other fiscal measures, as well as issues dealing with war and peace and with treaty ratification.
In the consideration and disposition of most legislative matters, however, the Federation Council has less power than the State Duma. All bills, even those proposed by the Federation Council, must first be considered by the State Duma. If the Federation Council rejects a bill passed by the State Duma, the two chambers may form a conciliation commission to work out a compromise version of the legislation. The State Duma then votes on the compromise bill. If the State Duma objects to the proposals of the upper chamber in the conciliation process, it may vote by a two-thirds majority to send its version to the president for signature. The part-time character of the Federation Council's work, its less developed committee structure, and its lesser powers vis-à-vis the State Duma make it more a consultative and reviewing body than a law-making chamber.
Because the Federation Council initially included many regional administrators appointed by Yeltsin, that body often supported the president and objected to bills approved by the State Duma, which had more anti-Yeltsin deputies. The power of the upper chamber to consider bills passed by the lower chamber resulted in its disapproval of about one-half of such bills, necessitating concessions by the State Duma or votes to override upper-chamber objections. In February 1996, the heads of the two chambers pledged to try to break this habit, but wrangling appeared to intensify in the months that followed.
The State Duma confirms the appointment of the prime minister, although it does not have the power to confirm Government ministers. The power to confirm or reject the prime minister is severely limited. According to the 1993 constitution, the State Duma must decide within one week to confirm or reject a candidate once the president has placed that person's name in nomination. If it rejects three candidates, the president is empowered to appoint a prime minister, dissolve the parliament, and schedule new legislative elections.
The State Duma's power to force the resignation of the Government also is severely limited. It may express a vote of no-confidence in the Government by a majority vote of all members of the State Duma, but the president is allowed to disregard this vote. If, however, the State Duma repeats the no-confidence vote within three months, the president may dismiss the Government. But the likelihood of a second no-confidence vote is virtually precluded by the constitutional provision allowing the president to dissolve the State Duma rather than the Government in such a situation. The Government's position is further buttressed by another constitutional provision that allows the Government at any time to demand a vote of confidence from the State Duma; refusal is grounds for the president to dissolve the Duma.
The Legislative Process
Draft laws may originate in either legislative chamber, or they may be submitted by the president, the Government, local legislatures, the Supreme Court, the Constitutional Court, or the Superior Court of Arbitration. Draft laws are first considered in the State Duma. Upon adoption by a majority of the full State Duma membership, a draft law is considered by the Federation Council, which has fourteen days to place the bill on its calendar. Conciliation commissions are the prescribed procedure to work out differences in bills considered by both chambers.
A constitutional provision dictating that draft laws dealing with revenues and expenditures may be considered "only when the Government's findings are known" substantially limits the Federal Assembly's control of state finances. However, the legislature may alter finance legislation submitted by the Government at a later time, a power that provides a degree of traditional legislative control over the purse. The two chambers of the legislature also have the power to override a presidential veto of legislation. The constitution provides a high hurdle for an override, however, requiring at least a two-thirds vote of the total number of members of both chambers.
Clashes of Power, 1993-96
Although the 1993 constitution weakened their standing vis-à-vis the presidency, the parliaments elected in 1993 and 1995 nonetheless used their powers to shape legislation according to their own precepts and to defy Yeltsin on some issues. An early example was the February 1994 State Duma vote to grant amnesty to the leaders of the 1991 Moscow coup. Yeltsin vehemently denounced this action, although it was within the constitutional purview of the State Duma. In October 1994, both legislative chambers passed a law over Yeltsin's veto requiring the Government to submit quarterly reports on budget expenditures to the State Duma and adhere to other budgetary guidelines.
In the most significant executive-legislative clash since 1993, the State Duma overwhelmingly voted no confidence in the Government in June 1995. The vote was triggered by a Chechen rebel raid into the neighboring Russian town of Budennovsk, where the rebels were able to take more than 1,000 hostages. Dissatisfaction with Yeltsin's economic reforms also was a factor in the vote. A second motion of no confidence failed to carry in early July. In March 1996, the State Duma again incensed Yeltsin by voting to revoke the December 1991 resolution of the Russian Supreme Soviet abrogating the 1922 treaty under which the Soviet Union had been founded. That resolution had prepared the way for formation of the Commonwealth of Independent States.
In his February 1996 state of the federation speech, Yeltsin commended the previous parliament for passing a number of significant laws, and he noted with relief the "civil" resolution of the June 1995 no-confidence conflict. He complained, however, that the Federal Assembly had not acted on issues such as the private ownership of land, a tax code, and judicial reform. Yeltsin also was critical of legislation that he had been forced to return to the parliament because it contravened the constitution and existing law, and of legislative attempts to pass fiscal legislation in violation of the constitutional stricture that such bills must be preapproved by the Government. He noted that he would continue to use his veto power against ill-drafted bills and his power to issue decrees on issues he deemed important, and that such decrees would remain in force until suitable laws were passed. The State Duma passed a resolution in March 1996 demanding that Yeltsin refrain from returning bills to the parliament for redrafting, arguing that the president was obligated either to sign bills or to veto them.
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Source: U.S. Library of Congress