Legislative branch: parliament. Legislature

Task 1. In early XXI V. on political map There are the following number of states and non-self-governing territories in the world: Indicate the correct answer.

230

Task 2. Indicate which of the following countries are simultaneously in the top ten countries of the world in terms of territory and population:

1) Russia; 3) India; 6) China; 8) Brazil;

Task 3. Indicate how of the following states are located on the islands and archipelagos:

1) UK; 2) Iceland; 5) Sri Lanka; 6) Indonesia; 7) Madagascar; 10) Kiribati

Task 4. Underline the names of states that do not have access to the open sea:

1) Bolivia; 2) Hungary; 3) Zambia 5) Mali; b) Mongolia; 8) Uzbekistan; 10) Switzerland.

How does this situation affect their socio-economic development?

Difficulty in import/export of goods

Task 6. Select pairs according to the principle "country - capital":

1.Australia - d

2.Algeria - a

3.Belarus - w

4. Venezuela - e

5.Kenya - from 6.Colombia - to

7. Norway - and

8.Syria - g

9.Thailand - 6

10. Czech Republic-to

a) Algiers b) Bangkok c) Bogotá d) Damascus e) Canberra f) Caracas g) Minsk h) Nairobi i) Oslo j) Prague

Task 7. Indicate which of the following types most countries of the world belong to:

2) to developing;

Task 8. Indicate in the proposed list the capitals of the states that are part of the "Big Eight":

1) Rome; 3) London; 6) Moscow;

8) Washington; 9) Ottawa;

Task 9. Indicate which of the following countries belong to the countries of "settlement" capitalism:

2) Israel; 3) Canada; 5) Australia.

Task 10. Determine which of the subgroups developing countries include the following states:

1) Bangladesh; 2) Brazil; 3) India; 4) Kuwait; 5) Nepal; 6) United

United Arab Emirates; 7) Malaysia; 8) Somalia; 9) Thailand; 10) Ethiopia.

Give your answer in the following form:

1. Key countries 2.3 2. Newly industrialized countries 7.9 3. Oil producing countries 4.6 4. Least developed countries 1, 5, 8, 10

Task 11. Indicate which of the following regions of the world stand out in terms of the number of "hot spots":

2) Southwest Asia; 3) South Asia; 4) Southeast Asia;6) North Africa; 7) Sub-Saharan Africa;

Task 12. Below is a series of statements relating to the form of government of the countries of the world. Determine which ones are correct and which are not.

1.In the republics and constitutional monarchies Legislative power belongs to Parliament, and executive power belongs to the government.

2. Supreme power in monarchies is inherited.

3. There are fewer republics in the world than monarchies.

4. Among the monarchies modern world empires prevail.

Task 13. Underline the countries that have a republican form of government:

1) Austria; 2) Armenia; 5) Egypt; 6) Mexico; 8) Türkiye; 9) France;

Task 14. Put color on the contour map (Fig. 1) of the country with a monarchical form of government. Select among them:

constitutional monarchies: Malaysia(4), UK(2), Netherlands, Belgium), Denmark(2)

Norway(2), Sweden(2), Liechtenstein. Monaco. Japan(1), Cambodia(2), Thailand(2), Lesotho(2), Canada. Andora,

New Zealand, Spain(2), Australia(2), Luxembourg(3), Morocco(2), Tonga(2), Jordan(2), Kuwait(5)

absolute monarchies: UAE (5), Brunei (4). Saudi Arabia(2), Oman(4), Qatar(5), Swaziland(2)

Describe and explain their distribution across major regions of the world. Which of them are empires, kingdoms, duchies, sultanates, emirates?

1-empire, 2-kingdom, 3-duchy, 4-sultanate, 5-emirate

Constitutional monarchies are located in the west of Europe and in East Asia, where there were no strong revolutionary upheavals and civil wars. Absolute monarchies are located in the Persian Gulf. Here for a long time existedslave system of the Middle Ages.

Task 15. Complete the following sentences:

1. The state in which there is a single legislative, executiveand the judiciary, called unitary.

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RepublicanMonarchical Republic - a form of government in which the supreme legislative power belongs to the parliament, and the executive - to the government. The birthplace of the republican system is Europe. Monarchy is a form of government in which the head of state is the emperor, king, duke, prince, sultan, etc. This sovereignty is hereditary.

Is in Southern Europe surrounded by Italian territory. The heads of state are two captain-regents appointed by the Grand General Council. They are elected for a term of 6 months. The area of ​​the state is 60.57 km². The country is located on the southwestern slope of the three-headed mountain range Monte Titano (738 m above sea level), rising above the hilly plain of the foothills of the Apennines.

Constitutional Absolute - a monarchy, where the real legislative power belongs to the parliament, and the executive - to the government, while the monarch himself reigns, but does not rule, for example, Great Britain, Japan. - the power of the monarch is almost unlimited, there are only a few such countries, mainly in the Persian Gulf, such as Saudi Arabia. Theocratic - the monarch is both a secular sovereign and the head of the church.

The King, now Queen Elizabeth II, is considered the head of state, as well as the British-led Commonwealth, whose members are more than 50 countries that were previously part of the British Empire. Great Britain does not have a constitution as a single document. The UK has a parliamentary government based on the Westminster system.

Prior to the adoption of the constitution of 1947, Japan was an absolute monarchy, the laws of which endowed the emperor with unlimited power and attributed to him divine origin. The highest body of state power and the only legislative body in Japan is the Parliament. It consists of two chambers: the House of Representatives and the House of Councilors. The House of Representatives consists of 480 deputies, elected for 4 years, and the House of Councilors of 242 deputies, elected for 6 years.

The head of state (the king) exercises legislative and executive power, while simultaneously being the prime minister, commander-in-chief of the armed forces and supreme judge, as well as the spiritual ruler. The government is formed from members of the royal family. the first king Saudi Arabia was Abdel Aziz Ibn Saud, who ruled the country from 1932 to 1953. It is believed that Ibn Saud had 17 official wives, of which five bore the title of "first wife". Now the royal family has about 5 thousand males of various degrees of kinship, and all government posts are divided between them.

Absolute theocratic monarchy ruled by the Holy See. The Sovereign of the Holy See, in whose hands absolute legislative, executive and judicial power is concentrated, is the Pope, who is elected by the cardinals for life. After the death of the Pope and during the conclave until the inauguration of the new Pope, his duties are performed by the Camerlengo.

Unitary Federative - the state has a form of administrative-territorial structure in which the country has a single legislative and executive power, such as Japan, Sweden, France and most countries of the world. - the state has such a form of administrative-territorial structure, in which, along with uniform laws and authorities, there are separate self-governing units that have their own legislative, executive and judicial powers, such as Russia, the USA, India, etc.

Until recently, Belgium was one of the unitary states. However, the aggravation of national contradictions between the Walloons and the Flemings inhabiting it led to the fact that in 1993 the Parliament introduced a federal administrative-territorial structure in this country by a special law. The head of state is the king, the head of government is the prime minister. The government is appointed by the king; half of the ministers must be representatives of the Dutch-speaking community, half of the French-speaking community.

Today, the problem of the administrative-territorial structure in many countries is acquiring the character of a major political problem. First of all, this applies to federal states such as Russia, India, South Africa, Canada. We hope that these problems will be resolved peacefully as soon as possible.

Legislative power belongs to the Parliament. The President signs laws, but unlike countries with the influence of Anglo-Saxon law, he is not covered by the concept of Parliament. There is a significant originality in the relations of the highest bodies of the state. The system that exists in France is called "rationalized parliamentarism".

Structure of the Parliament. Parliament consists of two chambers: National Assembly(557 deputies from the mother country and 22 from overseas territories) and Senate(321 members). Deputies and senators have deputy immunity, even if their actions are punishable by law (for example, they are not responsible for insults at a meeting of the chamber and its commissions, although they are subjected to disciplinary action in accordance with the regulations of the chambers). Indemnity also includes the duty of the state to provide deputies with their material needs for the performance of their deputy duties. They receive a high monetary allowance (more than 40 thousand francs per month), consisting of two parts: the main salary and additional (about a third of the main), which should be paid depending on the participation of members of Parliament in the plenary sessions of the chambers and in commissions (in practice, retention from this part of the salary are not made). Since 1995, members of Parliament have had limited parliamentary immunity: they can be subject to arrest and other forms of imprisonment if they commit a criminal offense, they can be detained at the scene of a crime. In other cases, permission from the Bureau of the Chamber is required to waive immunity. The restraint or prosecution of a Member of Parliament may be suspended for the duration of the session if the House so requires.

The French parliamentarian has a free mandate, but factional party discipline in France, unlike, for example, in the United States, is very strict. Any imperative mandate is invalid, there is no right of revocation. Combining a parliamentary mandate with public office is impossible, the elected must renounce the position and some other posts within two weeks after the election (or refuse to be a parliamentarian).

Each chamber has the Bureau, which includes the chairman of the chamber (he is the representative of the largest party faction in the chamber), vice-chairmen, secretaries and quaestors (the latter maintain order in the chamber and deal with administrative and economic issues). In addition to presiding over the session of the Chamber chairman has other powers: the chairmen of the chambers appoint three members to the Constitutional Council, the chairman of the lower house presides over the Congress of Parliament when approving amendments to the Constitution, and the chairman of the upper house acts as the President of the Republic in case of a vacancy in the post. The presidents of the chambers are to be consulted by the President in the event of a state of emergency. The President of the House decides if the government declares that the bill is within the realm of regulatory power and should not be considered by Parliament (ultimately going to the Constitutional Court). The chairman has the right, if necessary, to call military units to the chamber.

As in other parliaments, in the chambers of the French Parliament there are permanent commissions(committees), there are only six in France. They discuss bills in advance and to a certain extent control the activities of the government (the latter, however, is obliged to submit documents only to financial commissions). Each parliamentarian is obliged to be a member of a permanent commission (foreign affairs, production and exchange, financial, etc.).

Along with the constants, there are special commissions. There are temporary joint special commissions of the chambers, created at the request of the government to study a specific draft law. They include members of the lower house on the basis of proportional representation of factions and senators elected by the upper house. These commissions are very rare, others are created more often, conciliatory commissions of chambers on a parity basis. Parliament creates temporary special commissions for investigation and control, special commissions for certain cases, for example, for the removal of parliamentary immunity from a member of Parliament. To study scientific and technical projects a united bureau of the chambers was created (8 deputies and 8 senators).

The agenda of the meetings of the Chamber is determined meeting of chairmen(bureau of the chamber and chairmen of factions).

Deputy associations(in France they are called political groups) are formed if they include at least 20 parliamentarians in the lower house, at least 14 in the upper house. These associations (fractions) must publish declarations (statements) about their goals. On the basis of the proportional representation of factions, the bureau of the chamber and standing committees are formed. The chairmen of the factions determine the political line of the latter and even vote for the absent deputies, having the keys to their electronic scoreboards, although such voting is prohibited by the regulations.

The internal structure of the Senate is similar to that of the National Assembly. There are about half as many senators as there are members of the lower house, and they are elected for a longer term (not for five, but for nine years).

The session of the Parliament in France is one per year (since 1995), lasting nine months. During this time, 120 plenary sessions should be held (additional sessions are possible, but they are convened only by the government).

Powers of Parliament. Like other parliaments, the French Parliament has legislative, control, judicial, foreign policy and other powers. It exercises its economic powers (for example, the adoption of the budget, plans for economic and social development), as a rule, by passing laws.

In carrying out legislative activity, the Parliament adopts ordinary, organic and constitutional (amending the Constitution) laws, but the scope of regulation through the adoption of ordinary laws is limited (organic laws are adopted on issues specified in the Constitution, and a law to change it can be adopted on any issue, except for those specifically indicated in it: for example, it is impossible to change the republican form of government). The French Parliament under the Constitution of 1958 is the Parliament with limited competence (we repeat that this applies primarily to ordinary laws).

The Constitution contains list of questions on which Parliament can legislate. On some issues, he publishes framework laws, those. establishes only general principles, and detailed regulation is carried out by the executive branch (education, labor, organization of national defense, etc.). On other issues specified in the Constitution (rights and freedoms of citizens, crime and punishment, etc.), Parliament issues exhaustive laws, and the executive branch cannot issue normative acts. All issues not named in the Constitution are regulated by the normative acts of the so-called regulatory power - ordinances and other acts of the government. The right of the Parliament to legislate is also limited by the powers of the President, who can submit bills to a referendum, bypassing the Parliament.

The adoption of ordinary laws goes through several stages. government bill presented to the bureau of either house, the legislature MP's proposal and a senator - only in the bureau of his chamber. The proposal of a deputy is not accepted if it requires an increase in expenditures or a decrease in state revenues. The bureau submits the legislative proposal of the deputy or the bill of the government to a permanent or special commission. The powers of the commissions are limited: they can support or reject the bill w offer, but cannot replace them with their own. After that, the project goes through three readings: general discussion, article-by-article discussion, voting as a whole. A fourth and fifth reading is possible if the bill is returned from the other house unaccepted. However, the government has the right to interrupt any discussion and demand a "blocked vote" - taking into account only the government's amendments. Before the first reading, a "preliminary question" is possible: discussion of the bill's expediency, but it is limited. Only the author of the text and one opponent speaks, after which a vote is taken.

Adopted in one chamber, the draft is transferred to another, and if it is adopted in the same text, it goes to the President for signature. If the other ward does not accept it, it may be a long walk from ward to ward - "shuttle". It is possible to overcome the resistance of the upper chamber if the government so desires: it may require Parliament to create mixed parity commission(seven people from each chamber), and amendments to the bill introduced by the commission must be agreed with the government. If the commission fails to produce an agreed text or its text is not accepted by both houses of Parliament, the government may require the lower house to make a final decision. Thus, if the government is indifferent to the fate of the bill (and this usually applies to the proposals of deputies), it can allow an endless "shuttle"; if the government wants to speed up the adoption of a law (i.e., its bill), it excludes the upper house from the procedure, paralyzes it veto, but the lower one cannot be ruled out. From what has been said, it can be seen that the role of the government in the procedure for adopting a law can be very large.

Moreover, the government can put the Parliament in a situation where the law is considered adopted by it without a vote. To do this, the government raises the question of confidence in connection with the requirement to pass a specific law. It is considered adopted if the opposition fails to submit a resolution of reprimand to the government within 24 hours and ensure its adoption within 48 hours, which, as was said, is extremely difficult in practice.

According to the organic laws concerning the upper house, it is impossible to overcome its veto, since these laws can only be passed by both houses. For other bills, if they are adopted by a mixed parity commission, the lower house can only override the veto of the upper house by a majority of the list (i.e. all abstentions and those who do not vote are automatically counted as those who voted against).

The law, once passed, is submitted to the President for promulgation. The secretary general of the government prepares the law for promulgation. He collects signatures of ministers, provides the law with the necessary applications. The President may demand a new consideration of the law within 15 days. This weak veto. It is overcome by the second adoption of a law by a simple (rather than a qualified) majority of votes and, therefore, is almost never used (in 1946-1996 it was used on average once every three and a half years, but President F. Mitterrand, for example, used it for 14 years only twice).

Prior to their signing, the President has the right to send laws for conclusion to the Constitutional Council. Organic laws are sent there without fail. Deputies and senators (minimum 60 members of any chamber) can also apply to the Constitutional Council before the signing of the law by the President. Such an appeal suspends the signing of the law, it is possible only with a positive decision of the Constitutional Council.

Parliament can delegate government legislative powers, but if the latter has programs for their implementation and for a while. Ordinances for the exercise of these powers must be submitted to Parliament for approval.

The French Parliament uses almost every known form control over the activities of the government: questions to the ministers at the plenary session, control commissions are being created that conduct inspections of public services and state enterprises, commissions of inquiry that collect information and report it to the chamber. It is possible to submit a petition to the Parliament, including in the form of complaints against the governing bodies (petitions are submitted through deputies or directly to the chairman of the chamber). The intermediary of Parliament participates in the control, appointed, however, by the government for six years (citizens can apply to him only through their deputy). The mediator does not have his own powers to restore violated rights, but he can inform the Parliament about this, initiate disciplinary and judicial proceedings, and give his recommendations to state bodies (on issues of citizens' rights). in departments. (administrative-territorial units) there are representatives of the mediator - delegates.

Control over the activities of the government associated with sanctions is carried out only by the lower house. It can force the government to resign as a result of a resolution of censure or a loss of confidence. The government can also ask the Senate for confidence, but if it refuses, the government is not required to resign. The question of trust the government can put itself in connection with its demand for Parliament to adopt a government program, a declaration of general policy or a bill, thereby putting pressure on deputies. In the event of a refusal of confidence, the government must withdraw into. resignation, it cannot dissolve the lower house (the upper house is not subject to dissolution at all), but the President has the "personal" right to dissolve the lower house if he deems it necessary.

Unlike the issue of trust resolution of censure submitted by deputies. Its introduction is complicated by a number of procedural requirements, and its adoption is almost impossible: after all, the government is formed in practice by the parties of the parliamentary majority, although this is not mandatory under the constitution. A resolution can only be adopted by an absolute majority of votes from the total number of the lower house (ie abstentions and absentees are automatically counted as those voting against). Resolutions of censure are extremely rare.

The judicial powers of the Parliament are connected with the creation of special courts (the High Court of Justice, etc.) for the consideration of cases of high officials and with the formulation of charges. There is no institution of impeachment in France. The foreign policy powers of the Parliament relate primarily to the ratification of international treaties.

Parliament holds one annual session, which lasts from the beginning of October to the end of June. The transition in France to one nine-month session since 1995 is explained by the reduction of legislative activity (there is already developed legislation) and the strengthening of the control function of Parliament. During the period of the session, each chamber must hold no more than 120 meetings. However, additional meetings are possible under certain conditions. Standing committees may also work outside the session. The chambers sit separately, joint meetings are possible only in the form of congress to approve amendments to the constitution. Messages of the President to the Parliament are heard at separate sessions of the chambers.

The principle of separation of powers into legislative, executive and judicial means that each of the powers acts independently and does not interfere with the powers of the other. With its consistent implementation, any possibility of appropriation by one or another authority of the powers of another is excluded.

Legislative power - power in the field of legislation. In states where there is a separation of powers, legislative power is vested in a separate state body that develops legislation. The functions of the legislature also include the approval of the government, the approval of changes in taxation, the approval of the country's budget, the ratification of international agreements and treaties, and the declaration of war. The general name of the legislature is parliament.

The legislative authorities in the Republic of Kazakhstan include the Parliament consisting of two chambers: the Senate and the Majilis, and the Constitutional Council. The executive branch of power in the Republic of Kazakhstan is concentrated in the hands of the President of the Republic of Kazakhstan, as well as the Government of the Republic of Kazakhstan, which heads the system of executive bodies and manages their activities. The bodies of judicial power in the Republic of Kazakhstan include: the Supreme Court of the Republic and local courts of the Republic established by law. The Parliament of the Republic of Kazakhstan is the representative and legislative body of the Republic of Kazakhstan. A law is considered approved by the Parliament if more than half of the members voted for it. total number deputies of both chambers. Adopted by a majority of votes from the total number of deputies of the Senate, the draft becomes a law and within ten days are submitted for signature to the President of the Republic. The President of the Republic of Kazakhstan is the head of state, the guarantor of the Constitution of the Republic of Kazakhstan, the rights and freedoms of man and citizen; represents the Republic of Kazakhstan within the country and in international relations; submits to the Parliament a proposal on the appointment of the Chairman of the National Bank of the Republic of Kazakhstan, the Prosecutor General and the Chairman of the National Security Committee; puts before the Parliament the question of the resignation of the Government; forms the government of the Republic of Kazakhstan by appointing deputy chairmen of the Government at the suggestion of the Chairman of the Government of the Republic of Kazakhstan; is the Supreme Commander-in-Chief of the Armed Forces of the Republic of Kazakhstan appoints and dismisses the high command of the Armed Forces of the Republic of Kazakhstan. Under a parliamentary form of government, the legislature is the supreme power. One of its functions is the appointment (election) of the president, who performs mainly representative functions, but does not have real power.

Under a presidential form of government, the president and parliament are elected independently of each other. Bills that have passed through parliament are approved by the head of state, the president, who has the right to dissolve parliament.

Legislative power is exercised primarily by a national representative body, and in the subjects of the federation, in autonomies of a political nature - also by local legislative bodies. The national representative body may have different names, but the generalized name "parliament" has been established behind it.

The term "parliament" comes from the French "parle" - to speak.

The modern parliament is the highest body of popular representation, expressing the sovereign will of the people, designed to regulate the most important public relations mainly through the adoption of laws, exercising control over the activities of executive authorities and senior officials. Parliament also has many other powers. It forms other supreme organs of the state, for example, in some countries it elects a president, forms a government, appoints a constitutional court, ratifies international treaties, etc.

Legislative authorities and their powers.

The main value of the legislature (representative bodies) is legislative activity. In democratic states, these bodies occupy a central place in the structure of the state apparatus. Representative bodies of state power are divided into higher and local.

Parliaments are the highest organs of state power. One of their most important functions is the adoption of laws.

The system of legislative (representative) bodies of state power in the regions of the Republic of Kazakhstan is established by them in accordance with the fundamentals of the constitutional system of the Republic of Kazakhstan. Local state administration is carried out by local representative bodies, which are responsible for the state of affairs in the respective territory.

The named article establishes the main powers of the local legislative (representative) body of state power - maslikhat:

• 1) approval of plans, economic and social programs for the development of the territory, local budget and reports on their implementation;
• 2) solution of issues related to their jurisdiction of the local administrative-territorial structure;
• 3) consideration of reports of the heads of local executive bodies on issues referred by law to the competence of the maslikhat; 4) formation of permanent commissions and other working bodies of the maslikhat, hearing reports on their activities, solving other issues related to the organization of the work of the maslikhat; 5) exercising, in accordance with the legislation of the Republic, other powers to ensure the rights and legitimate interests of citizens.

The right of legislative initiative in the legislative (representative) body of state power of the region of the Republic of Kazakhstan belongs to deputies, akim of the territorial-administrative unit, representative bodies of local self-government. The Constitution of the Republic of Kazakhstan may grant the right of legislative initiative to other bodies, public associations, as well as citizens residing in the territory of a given region of the Republic of Kazakhstan.

A representative body of local self-government is an elected body of local self-government that has the right to represent the interests of the population and make decisions on its behalf that are valid on the territory of an administrative-territorial unit.

The powers of representative bodies of local self-government are defined by the Constitution of the Republic of Kazakhstan and are described above.

structure of the parliament. Parliament is usually understood as a unicameral representative institution or the lower house of a bicameral parliament. The chambers of parliament have different names (often - the chamber of deputies and the senate), but they are usually called lower and upper. The upper house can be either weak, when it is able to delay the decision of the parliament (lower house), but not prevent it, since its veto - refusal to agree with the decision of the lower house - can be overcome by the latter (UK, Poland, etc.), or strong, when without its consent the law cannot be adopted (Italy, USA). The Houses of Parliament are not equal in size. Usually the lower chamber is twice as large (Italy), or even more (Poland), more numerous than the upper one. Only in the UK is there a different ratio: more than 1,100 peers in the upper house (House of Lords) and 651 members in the House of Commons. Trend recent decades- Establishment of a fixed number of chambers. Members of the lower house of parliament are usually called deputies, people's representatives, members of the upper house - senators. The deputies of the lower house and the unicameral parliament are usually elected for 4-5 years, either directly by citizens or through multistage elections (China). In some countries, seats are reserved for adherents of certain religions and nationalities, as well as for women.

The powers of the Parliament begin from the moment of the opening of its first session and end with the beginning of the work of the first session of the Parliament of a new convocation, but may be terminated early in the cases and in the manner prescribed by the Constitution. The organization and activities of the Parliament, the legal status of its deputies are determined by the constitutional law

The Parliament consists of two Chambers: the Senate and the Majilis, which operate on a permanent basis.

A member of Parliament takes an oath to the people of Kazakhstan. It is not bound by any imperative mandate. Members of the Parliament are obliged to take part in its work. and Legal forms for the implementation of the competence of the Parliament of the Republic of Kazakhstan are the acts adopted by it, the main of which are laws. The law is characterized by a number of features. It is adopted only by the Houses of Parliament and expresses the will of the people of Kazakhstan. The law contains legal norms and therefore is normative act. It is mandatory for execution and is the legal basis for all state bodies operating on the territory of the country, local governments, public organizations and citizens and has the highest legal force in comparison with any acts of state bodies, except for the Constitution, which the law cannot contradict.

Laws are adopted by the Houses of Parliament in a special order, which is implemented in the legislative process, which is a set of actions through which the legislative activity of Parliament is carried out. In Kazakhstan, the legislative process consists of several stages. Let's briefly list them.

Internal organization of parliament and its chambers. Various bodies are formed in Parliament and its chambers. Some of them have a certain competence provided for in the constitutions (the chairman), others are an auxiliary apparatus designed to serve the activities of the parliament (economic bodies). In addition, the parliament creates separate bodies that are engaged in a certain area of ​​activity, have independence, but carry out the instructions of the parliament, report to it (for example, the Accounts Chamber, the Commissioner for Human Rights). Parliament may at any time renew the composition of these bodies, remove their members or officials. They are sometimes formed (elected, appointed) for a certain period of time, which serves as a certain guarantee for them. The meetings of the chambers and the unicameral parliament are led by the chairman (speaker in the Anglo-Saxon countries) or a collective body (bureau in Spain, organizing committee in the Czech Republic). The chairman of the unicameral parliament, the chamber, the speaker has one or more deputies. There is no chairman of the parliament in a bicameral structure of parliament, there are only chairmen of the chambers. At a joint session of the chambers, they are usually led by the chairman of the upper house (senate). The first stage of the legislative process - a legislative initiative - is reduced to the submission of a bill to the Mazhilis. The right to perform such actions is called the right of legislative initiative.

The second stage of the legislative process is the consideration of the bill by the Senate. At this stage, the draft law may be subject to change by making comments and suggestions, and in case of rejection, it will be sent for revision to the Mazhilis. The third stage occurs when the bill is passed and approved by the Senate. In this case, the draft is sent for signature to the head of state. Then the signed law is promulgated and published in the press.

The fact that the developed project has been submitted to the legislative body has official legal significance. From this moment, the first stage of the lawmaking process - the preliminary formation of the state will - stops, and the new stage- fixing this will in the norms of law. Legal relations on the development of the initial text of the law at this stage are exhausted, but new ones arise, related to the consideration of the draft in an official manner and the adoption of a decision.

The approval of the draft law is the central stage of the legislative process, because it is at this stage that the legal significance of the rules contained in the text of the bill takes place.

There are four main stages of the official passage of the law: the introduction of the draft for discussion by the legislative body, the direct discussion of the draft, the adoption of the law, its promulgation /publication/.

The stage of formal introduction of the draft law to the legislative body is reduced to the submission of a full finished project to the legislature.

The governing body of the Houses of Parliament can be elected either for their term of office or for the period of one session. In most countries, it is believed that the chairman of a unicameral parliament should be politically neutral and impartial. He often suspends or withdraws from the party for the duration of his chairmanship. In other countries, he retains party affiliation (in the US, he is the leader of the parliamentary majority). There is a strong and a weak chairman. In the first case (Great Britain), he interprets the rules of procedure, determines the method of voting, appoints chairmen of commissions, etc. The chairman of the House of Lords in the same Great Britain, the Senate in the USA is weak, for example: he does not lead the meetings, they are held on the basis of self-regulation, time performance is not limited.

Party factions belong to the internal organs of the parliament. They unite deputies who belong to one party (bloc) or to several, close in their programs. Individual non-partisan deputies can also join factions. In fact, a broad interpretation of the right to legislative initiative follows from the Constitution of the Republic of Kazakhstan. The defining element of the content of the right of legislative initiative is the subject composition. It is not difficult to establish the bearer of the right of legislative initiative. Such can be any person, body or organization, endowed with the right to submit bills to the highest representative body of power and exercising this right. According to Art. 61, paragraph 1 of the Constitution of the Republic of Kazakhstan, the deputies of the Parliament of the Republic of Kazakhstan and the Government of the Republic have the right to legislative initiative. To create a party faction (and a faction has certain advantages - its own seat in parliament, the right to speak on behalf of the faction is granted out of turn, etc.), it is necessary to have a certain number of deputies from this party, established by the regulations of the chambers (for example, 20 in the lower house and 14 in the French Senate). The faction is proportionally represented in the commissions of the chambers and the joint committees of the parliament. Usually a representative of the largest faction is elected as the chairman of the chamber, his deputies represent other major factions. The factions share among themselves the posts of chairmen of the standing committees of the chambers. The factions have their own leadership: the chairman. The faction decides on the nature of the speeches of its members and voting. The time allotted for speeches on behalf of a faction usually depends on its size. The largest faction, which is in opposition, usually creates its own "shadow cabinet": persons appointed by it monitor the work of ministers and prepare to take their place in case of victory in the elections.

It should be taken into account that the legislative initiative does not imply the obligation of the legislative body to accept the proposed draft, especially in the form in which it is presented. The presence of such a duty would be an encroachment on the supremacy of representative power. But when using the right of legislative initiative, the legislative body is bound by the will of the subject that has such a right, therefore, it must consider the draft and make a decision on it. This legislative initiative differs from other types of legislative proposals.

Along with mandatory, but still additional components such as receiving a draft law, its registration and information about it at the session, the main thing is the mandatory consideration of the submitted draft law or legislative proposal as a result of the exercise of the right of legislative initiative. In this case, the Mazhilis binds itself with its own decision, enshrined in the constitution.

Draft laws and legislative proposals are submitted for consideration along with a justification for the need for their development, a detailed description of the goals, objectives and main provisions of future laws and their place in the legislative system, as well as the expected socio-economic consequences of their application. At the same time, the collectives and persons who took part in the preparation of the draft law, the implementation of which will require additional and other costs, are indicated, its financial and economic justification is attached.

A special procedure is provided for the adoption of state constitutional laws. In view of the special importance of these normative acts, the Constitution provides for the passage of such a law in both chambers of parliament, and their adoption is possible if there are three-quarters of the total number of members of the Senate and at least two-thirds of the votes of the total number of deputies of the Mazhilis.

Laws of the Republic of Kazakhstan are signed and promulgated by the President of the Republic of Kazakhstan within 14 days. The President has the right to return the law for reconsideration before the expiration of the specified period. In this case, the law is signed by the President within seven days after it is re-adopted by two-thirds of the votes in both houses of the Parliament.

The process of creating a law ends with its publication. To become obligatory decrees of the state, legal rule must be made public printed publications, and this process is especially important. The publication of laws is the main prerequisite for their entry into force and the legal basis for the presumption of knowledge of the laws. It cannot be assumed that citizens can know an unpublished law, and hold them responsible for violating rules unknown to them.

Standing committees and commissions play an important role in Parliament and its chambers. Their number varies and often changes: there are 9 committees in the unicameral Israeli parliament, 15 in the British House of Commons, and 22 in the US Congress. , and non-specialized.

The Commission makes decisions at meetings. The quorum is usually half of its members.

The representative of the commission makes a co-report during the discussion of the draft law at the plenary session, and usually the fate of the bill ultimately depends on the opinion of the commission.

The commissions discuss the information of the ministers on their field. Ministers are not responsible to standing committees, and the latter do not make decisions binding on the government and its members, but in many countries ministers are required to attend committee meetings at their invitation.

As for how the legislative process is enshrined in the Basic Law of our state, the right of legislative initiative belongs to the deputies of the Parliament of the Republic of Kazakhstan, the Government of the Republic and is exercised exclusively in the Majilis.

The President of the Republic has the right to prioritize the consideration of draft laws, as well as to declare the consideration of a draft law urgent, which means that the Parliament must consider this project within one month from the date of its submission.

If the Parliament fails to comply with this requirement, the President of the Republic has the right to issue a decree having the force of law, which is valid until the Parliament adopts a new law in accordance with the procedure established by the Constitution.

Draft laws providing for a reduction in state revenues or an increase in state expenditures may be submitted only if there is a positive opinion of the Government of the Republic.

The laws of the Republic come into force after they are signed by the President of the Republic.

Amendments and additions to the Constitution are made by a majority of at least three-fourths of the total number of deputies of each of the Chambers.

Constitutional laws are adopted on issues provided for by the Constitution by a majority of at least two-thirds of the total number of deputies of each of the Chambers.

Legislative acts of the Parliament and its Chambers are adopted by a majority vote of the total number of deputies of the Chambers, unless otherwise provided by the Constitution. The procedure for the development, presentation, discussion, enactment and publication of legislative acts and other normative legal acts of the Republic is regulated by a special law and regulations of the Parliament and its Chambers. The President of the Republic of Kazakhstan may dissolve the Parliament in the following cases: the Parliament expresses a vote of no confidence in the Government, the Parliament twice refuses to consent to the appointment of the Prime Minister, a political crisis as a result of insurmountable disagreements between the Chambers of the Parliament or the Parliament and other branches of state power. Parliament cannot be dissolved during a state of emergency or martial law, during the last six months of the President's term, and also within one year after the previous dissolution. .

In this chapter on the organization and functioning of the legislature, we speak only of parliament, although it is often not the only legislator in the country. Above, we considered the institution of a referendum, through which the legislative function is carried out directly by the people (more precisely, the electoral corps). Below we will show that this function is sometimes carried out to a certain extent by state bodies other than parliament. At the same time, parliament, as we shall see, carries out other activities along with legislative activity. With these reservations in mind, we turn to the consideration of the institution of parliament.

The concept, social functions and powers of parliament

Concept and social functions

The term "parliament" comes from the English "Parliament", which owes its birth to the French verb parler - to speak *. However, in pre-revolutionary France, a provincial-level court was called a parliament, and only later this term became the equivalent of English.

* The well-known Leninist characterization of parliament as a talking shop has, therefore, some etymological justification. In essence, if it was true, then not in general, but only in certain cases.

It is believed that the birthplace of Parliament is England, where since the XIII century the power of the King was limited by the assembly of the largest feudal lords (lords, i.e. masters), the highest clergy (prelates) and representatives of cities and counties (rural territorial units) *. Similar class and class-representative institutions then arose in Poland, Hungary, France, Spain and other countries. Subsequently, they developed into representative institutions modern type or have been replaced by them.

* Strictly speaking, the representative institutions of the slave-owning democracies, for example, the Council of Five Hundred in Athens, the tributary meetings in Rome, should be considered the original predecessors of Parliament.

As for the place of parliaments in the state mechanism and, accordingly, their functions, the theorists of the separation of powers J. Locke and C. Montesquieu limited their role to the implementation of a predominantly legislative function, while J.J. Rousseau, a consistent supporter of the indivisibility of popular sovereignty, substantiated the idea of ​​the unity of the supreme power, from which followed the right of the legislative power to control the executive. It is not difficult to see that these ideas underlie respectively dualistic and parliamentary forms of government.

Modern Parliament is a national representative body whose main function in the system of separation of powers is to exercise legislative power.

It also includes the supreme disposal of the state treasury, that is adoption of the state budget and control over its execution. To a greater or lesser extent, depending on the form of government, parliament exercises executive control. So, according to Part 2 of Art. 66 of the Spanish Constitution of 1978, "The Cortes Generales exercise the legislative power of the State, approve its Budgets, supervise the activities of the Government and have other competences that the Constitution vests in them." True, as we noted in connection with the forms of government and the state regime, often the parliament itself in practice, in turn, is also under the control of the government, or at any rate is quite strongly influenced by it. The activities of the parliament are also controlled by constitutional justice, as we have already mentioned in paragraph 2 § 5 of Ch. II.

The theoretical developments of V.I. Lenin, based on the analysis made by K. Marx of the experience of the Paris Commune of 1871, which was considered the first state of the dictatorship of the proletariat. Hence, in particular, the idea of ​​combining the legislative and executive powers, which greatly appealed to the Bolsheviks, because it excluded the mutual control of branches of power independent of each other - having received the majority of seats in an elected body, one can uncontrollably compose any laws and execute them themselves. But what existed for more than two months on the scale of a relatively small city by today's standards, as Paris was in the second half of the last century (even if it existed exactly as described by K. Marx), was not suitable for major state. Socialist constitutions divided the powers of power between legislative, executive and judicial bodies, giving in words the supremacy and sovereignty to representative bodies and concentrating the real functions of management in the hands of governments and ministries, while all of them were dominated by committees of communist parties, the leadership of which gave unquestioned instructions to legislative both the executive and the judiciary.

The socialist concept of the state and democracy avoided even the term "parliament", because the founders of Marxism-Leninism, especially V. I. Lenin, condemned this institution from all sides as a virtually powerless talking shop, designed to "cheat the common people." It has already been noted earlier that in the socialist states, elected bodies at all levels form a single system that constitutes, as it were, the backbone of the entire state mechanism and is headed by the supreme body of popular representation. In the USSR, since 1936, the Supreme Soviet of the USSR was considered such a body, and since 1988 - the Congress people's deputies THE USSR. Such a body was declared the highest body of state power and had the right to exercise at its level all the functions of power, at least legislative and executive. According to Art. 57 of the current Chinese Constitution People's Republic 1982 "The National People's Congress is the supreme organ of state power." In reality, the decisions of such bodies only give state formalization to the decisions of the narrow leading bodies (politburos of the central committees) of the communist parties. Nevertheless, for the sake of practical convenience, we will sometimes use the term "parliament" to designate also the highest representative body of the socialist state, recognizing all the conventionality and incorrectness of this.

In developing countries, especially in Africa and Asia, parliaments, even when they are formally built on the model of the developed countries of the West, are usually also powerless in reality, registering the decisions of extra-parliamentary centers of genuine power. The separation of powers, even if it is constitutionally proclaimed, cannot really be carried out due to the exceptionally low cultural level of society. These are also, strictly speaking, not parliaments, although they are usually called that way. But we, for the same practical convenience, will call these organs the same.

Representative character

This means that parliament is seen as a spokesman for the interests and will of the people (nation), that is, the totality of citizens of a given state, authorized to make the most authoritative management decisions in the name of the people. Hence its designations such as national or popular representation.

The concept of national (people's) representation, which developed back in the 18th-19th centuries, can be stated as a combination of the following principles:

1) national (people's) representation is established by the constitution;

2) the nation (people), as the bearer of sovereignty, empowers the parliament to exercise legislative power on its behalf (often the literature indicates the authority to exercise sovereignty, but this is at least inaccurate);

3) for this purpose, the nation (people) elects its representatives to the parliament - deputies, senators, etc.;

4) a member of parliament - a representative of the whole nation, and not of those who elected him, and therefore does not depend on the voters, cannot be recalled by them.

As the French classic of constitutional law Leon Duguit noted, “Parliament is the representative mandate holder of the nation”*. At the same time, it should be borne in mind that the relations of representation according to the above construction take place between the nation as a whole and the parliament as a whole.

* Dougie L. Constitutional law. M., 1908. S. 416.

However, these relations themselves turn out to be, on closer examination, not what they might be expected, based on the meaning of the words "mandate" (ie, assignment) and "representation". Approximately half a century after L. Dugas, the French constitutionalist Marcel Prelo wrote about this: “The will of the elector is limited to the choice of this or that person and does not have any effect on the position of the elected. It is determined only by the constitution and laws. In view of this, the term "mandate" must be understood, according to the doctrine that became widespread in 1789 ... in a sense different from that given to it by civil law ... It also turns out that the word "representation" is understood in a sense opposite to that what it can be logically given from a linguistic point of view. The elected person, directly and freely doing the will of the nation, has complete independence.

* Prelo M. French constitutional law. M.: IL, 1957. S. 436.

It is believed, in other words, that the parliament itself knows exactly what the nation (people) wants, and expresses its (its) will in laws and other acts, without being controlled by anyone in this respect (within the framework, of course, of the constitution, which it, however, can often change). The will of the parliament is the will of the nation (the people). This is the idea of ​​representative government, which, by the way, are the same French theorists, starting with the figure French Revolution XVIII century abbot E.Zh. Sieyes and including, in particular, M. Prelo mentioned by us, were not considered democratic *, since it excludes the imposition of citizens of their will on parliament.

* See: ibid. S. 61.

In reality, the situation is more complicated. First of all, in a number of countries the upper house of parliament is considered by constitutions as a body of territorial representation; this is especially true for federal states, but also for many unitary states. For example, according to the third part of Art. 24 of the Constitution of the French Republic of 1958, the Senate "ensures the representation of the territorial collectives of the Republic", and given that senators are elected by departments, one could consider them representatives of the collective interests of the inhabitants of the departments. However, the latter do not have constitutional and legal means of constant control over the activities of senators and influencing them, so that here, too, the concept of representative government is fully manifested.

The exception is Germany, where the Bundesrat - a body that is not formally considered parliamentary, but actually plays the role of the upper chamber - consists of representatives of the governments of the states and these representatives are obliged to act on the instructions of their governments. But this is exactly the exception.

Another thing is the fact that, as a rule, parliamentary elections in developed democratic states are monopolized by political parties. “The democratization of suffrage, according to the internal logic of the development of parliamentary representation, brought political parties to dominant positions in the democratic process of formation public opinion and expression of the will of the people in the conditions of parliamentarism,” German lawyers note*. And although political parties usually do not have legal means of control over the activities of their deputies, nevertheless, in fact, such control is exercised, because without their support it is almost impossible to become a deputy, and having become one, to act effectively in the chamber. Parties, in turn, must take into account the interests of their electorate and, if possible, expand it. Due to these circumstances, representative government acquires democratic features. But this is a fact, not a legal model.

* State law of Germany. T. 1. M.: IGP RAN, 1994. P. 51.

The socialist concept of popular representation claims to overcome the formalism of representative government. According to this concept, a deputy is a representative, first of all, of his voters, whose orders are obligatory for him and who have the right to recall him at any time. However, the legislation of the socialist countries, including the constitutions that regulated these relations, did not strictly adhere to this concept, and the recall of deputies was extremely rare and was practically carried out, as noted, by decision of the relevant governing bodies of the communist parties.

Representative bodies, including the supreme ones, were considered in the socialist countries and are sometimes still considered to be the representatives of the working people. So, according to Art. 7 of the Socialist Constitution of the Democratic People's Republic of Korea of ​​1972, power in the DPRK belongs to the workers, peasants, soldiers and labor intelligentsia, and is exercised by the working people through their representative bodies - the Supreme People's Assembly and local people's assemblies of all levels. According to Art. 69 of the Constitution of the Republic of Cuba of 1976 as amended in 1992 "National Assembly People's Power is the supreme body of state power. It represents and expresses the sovereign will of the entire people.” However, the communist party's monopoly in elections precludes any real representation. Socialist representation actually turns out to be even more fictitious than the representative government criticized by the communists.

The same can be said about the parliaments of a significant part of the developing countries where there are autocratic regimes (Cameroon, Djibouti, etc.) - this is just an appearance of representation.

However, it is impossible to imagine parliament as an arena in which all and all interests existing in a given society collide equally, since deputies are simply conductors of the interests of their voters. The absence of a developed party structure that mediates the relationship between voters and parliament in our country and in a number of other states after the fall of the dominance of communist parties led to the fact that the parliament became the arena of the struggle of the smallest interests - the ambitions of individual deputies and their groups, in no way connected with the interests voters. World experience shows that the parliament then acts as a true representative of the nation (people) when it includes large political associations of deputies expressing the interests of significant sections of society.