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Compare data for parliamentary chambers in the Oversight module

Parliament name (generic / translated) Natsionalnoye Sobranie / National Assembly Structure of parliament Bicameral Chamber name Palata Predstaviteley Related chamber (for bicameral parliaments) Soviet Respubliki / Council of the Republic POLITICAL SYSTEM Type of political regime presidential Notes The President of the Republic is the Head of State (Article 70 of the Constitution). Head of the executive President of the Republic Notes Even though the President does not formally belong to any branch of power, he has a number of constitutionally granted executive mandates that functionally make him the head of the executive. Method for appointing the executive The President is elected directly by the people through a national, free, equal and secret ballot (Article 81 of the Constitution). He/She assumes office after taking an oath within two months after the election. The Prime Minister is appointed by the President with the approval of the House of Representatives, which takes a decision thereupon within two weeks after the candidature has been proposed. The Government is formed by the President, who alone has the right to nominate the Prime Minister. In practice, the Prime Minister nominates candidates to the cabinet and submits the list to the President. All cabinet members, chairpersons of state committees, as well as heads of other bodies of the state administration are appointed to their posts by the President. Term of office of the executive and coincidence with the term of the legislature The President is elected for a term of five years (Article 81 of the Constitution), which does not coincide with the term of the legislature, which is four years (Article 93 of the Constitution). Incompatibility of the functions of member of the executive and member of Parliament No A member of the House of Representatives may be a member of the cabinet. However, a member of the Council of the Republic may not be a member of the cabinet. Dissolution of Parliament Yes Circumstances The House of Representatives can be dissolved before the end of its term if it passes a vote of no confidence in the Government or if it twice refuses to accept the candidature of the Prime Minister (Article 93 of the Constitution). Both the House of Representatives and the Council of the Republic may be dissolved before the end of their terms following a decision by the Constitutional Court if either house systematically or flagrantly violates the constitution. Modalities The decision is taken by the President within two months after consultations with the Speakers of the houses. The houses may not be dissolved during the last six months of the President's office, or in the period when they are considering the issue of the President's early dismissal or impeachment. Also, the houses may not be dissolved within a year after they have held their first session. The mandate of the former unicameral parliament (Supreme Council) was terminated early in 1996. ACCOUNTABILITY Accountability of Government to Parliament Yes The government is formed not on a party basis, but on a professional basis. Its structure and composition are defined by the President. The government reports on its activities to the President and is accountable - but not politically responsible - to the parliament (Article 106 of the Constitution). The Constitution provides for both collective and individual accountability of cabinet members. Modalities of oversight Oral and written questions of parliamentarians One sitting a month is allocated for members of the House of Representatives and the Council of the Republic to put oral and written questions to cabinet members. Government reports to Parliament Not applicable Measures Vote of confidence on Government programs and/or legislative proposals Not applicable Motions of censure and votes of no confidence (sub-report) Circumstances The law does not specify the conditions under which a motion of censure may be tabled. Modalites On the initiative of at least one third of the listed members of the House of Representatives, a motion of no confidence in the Government may be presented (Article 97, paragraph 7 of the Constitution). Consequences If the Government loses a no-confidence vote, it will resign together with the Prime Minister. Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned The President may be dismissed from office if he cannot perform his duties due to consistently poor health, or if he commits treason or other serious crimes (Article 88 of the Constitution). Modalites and procedure In the event that the President cannot perform his duties due to consistently poor health, a decision of dismissal is taken by a two-thirds majority of the listed members of the House of Representatives, as well as by the same quota of the Council of the Republic, following a conclusion by an ad hoc committee established by both Chambers. In the event of treason or other serious crimes, a decision to sue and prosecute the President is considered valid if the majority of the listed members of the House of Representatives vote for it after the impeachment initiative has been moved by at least one third of the members. Consequences The President is considered impeached if the decision has been adopted by at least two thirds of the listed members of the House of Representatives. Have these procedures been applied? OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration Yes In its activities, the administration reports to the President and is responsible to parliament (Article 106 of the Constitution). Mechanisms of parliamentary oversight include interpellations, addresses and proposals made by parliamentarians. Means and modalities of oversight Hearings in Committees Where there are issues that require special consideration, the parliament may decide to hold parliamentary hearings. Committees of inquiry and missions to Government departments Not applicable Oral and written questions of parliamentarians During a session, one sitting a month is allocated to the members of the House of Representatives and the Council of the Republic to put questions to cabinet members. Such questions are to be tabled at least five days before the sitting takes place. A parliamentarian who has placed a written query in advance has the right to ask follow-up questions after a cabinet member has answered the written question. If the latter is unable to report to the joint sessions, he may submit a written reply that is forwarded to the members of both houses. If a member is not satisfied with the written reply, he is entitled to address further questions to the Government (Article 103 of the Constitution). When a written question is put to the Prime Minister or cabinet members, the official concerned has 20 session days to provide a reply. The question and the reply are published officially. Persons to whom questions are addressed bear official responsibility for providing timely answers and are to take care that the information provided is complete and authentic. Role of Parliament in the appointment of senior Government officials The Council of the Republic approves Presidential appointments of the President of the Constitutional Court, the President and Judges of the Supreme Court and Supreme Economic Court, the President of the Central Electoral Commission, the Procurator General, the President and members of the Board of the Central Bank, and elects six members of the Central Electoral Commission (Article 98 of the Constitution). Activity reports of the Government administration and of public services or establishments The Government submits, upon request or upon its own initiative, to both houses of parliament and its bodies, documents and materials dealing with its activities (Article 16 of the Law on the Council of Ministers and on the bodies accountable to it). Representation of Parliament in governing bodies of the Government administration Parliamentarians have the right to be directly involved in the work of the governing bodies of government and public establishments and national enterprises. Existence of an ombudsman No Method for appointing the executive Laws on an ombudsman, as well as on a child rights commissioner, are currently being drafted. Relationship to Parliament Not applicable BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget No The preparation of the national budget is in the exclusive competence of the Government. Modalities of oversight Examination of the budget / finance act by Parliament The law does not provide for a specific procedure of parliamentary oversight over the budget. Budgetary oversight is exercised by the President, the Council of Ministers and the State Supervision Committee. However, the national budget is approved by parliament. Reports on the budget / finance act by Committees Not applicable Fields overseen Defence budget Not applicable Budget of special departments Not applicable Role of Parliament in national development plans Not applicable Parliament's deadline for the examination and adoption of the budget / finance act Not applicable Consequences of failure by Parliament to adopt the budget / finance act Not applicable Budgetary autonomy of Parliament Yes Parliament approves its own budget annually. OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually Yes Budgetary oversight is exercised by the President, the Council of Ministers and the State Supervision Committee. The results of the financial year are reported by Government to the President and to Parliament. The budget report is approved by Parliament and published in the press. Parliamentary oversight of public companies No Parliamentarians may participate in the inspection of those activities of public companies that are carried out by state supervisory bodies. Modalities of oversight Body for auditing the Government's books and method for appointing Not applicable Reports of the public auditor's office Not applicable Specialised committee Not applicable OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee The standing committee for foreign affairs does not exercise oversight over foreign policy. Powers of the Committee Not applicable Composition of the Committee Not available Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad Parliamentarians participate in bilateral visits and inter-parliamentary conferences. However, the parliament sends no information missions abroad. Plenary debates on foreign policy issues Parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues. Involvement of Parliament Participation of Parliament in inter-governmental meetings Parliamentarians may participate in intergovernmental meetings at the request of the government. Modalities and procedures for ratifying international treaties and agreements (sub-report) An international treaty is not applicable if it has not been ratified by the parliament. The parliament ratifies instruments as follows: if the signatory countries have decided on ratification, if the instrument contains provisions that are at variance with the laws of the Republic, presidential decrees and edicts, and if they contain issues that are to be legally regulated but are not regulated by the Republic's laws or presidential decrees and edicts. National legislation does not provide a timeframe for ratifying international treaties. Other mechanisms for participation in foreign policy by Parliament Foreign policy is essentially determined by the President. Parliament passes laws on issues of foreign policy, ratifies and denounces international treaties, and contributes to the development of international and inter-parliamentary cooperation. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee Standing committees follow issues of defence policy, discuss draft laws in this field and prepare conclusions and proposals thereon. Powers of the Committee Not applicable Composition of the Committee Not available Parliamentary oversight of public arms manufacturing companies Not applicable Circumstances and involvement Modalities and procedures in case of war, an armed attack or a state of emergency The Council of the Republic considers presidential decrees on the state of emergency, complete or partial mobilisation and is expected to take decisions thereon within three days after submission (Article 98 of the Constitution). Role of Parliament in sending troops abroad Servicemen may only be sent abroad on the condition that the parliament so decides, and with the written consent of the servicemen concerned. Other mechanisms for participation in national defence policy by Parliament Parliament does not exercise oversight over national defence policy, but considers draft laws that define military policy and doctrine. STATE OF EMERGENCY Circumstances A state of emergency may be declared in the case of force majeure, natural disasters, as well as in cases of internal unrest accompanied by violence or the threat of violence by a group of persons or organisations endangering the life of the population or the territorial integrity and existence of the country (Article 84, paragraph 22, of the Constitution). A state of emergency is declared by the President with the consent of the Council of the Republic, to be given within three days of submission. Can parliament take the initiative to declare a state of emergency No Consequences of a state of emergency for Parliament When a state of emergency is declared, the parliament may not be dissolved (Article 94 of the Constitution). Parliament can itself extend its term only in case of war, but it may not be dissolved in the case of a state of emergency or war. VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS Modalities of oversight Body ruling on the constitutionality of laws A specialised body / constitutional Court The Constitutional Court was established in 1994 pursuant to the Constitution and the law on the Constitutional Court. In accordance with Article 116 of the Constitution of 1994, the Court comprises 12 judges chosen from among highly qualified specialists in the field of law. Six judges are appointed by the President and six are elected by the Council of the Republic. The Chairperson of the Constitutional Court is appointed from among the judges by the President with the consent of the Council of the Republic. The term of office of the judges is 11 years, with a possibility of renewal. Means and procedures The Court exercises control over the constitutionality of the enforceable laws obtaining in the State. It institutes and examines cases on the recommendations of the President, the House of Representatives, the Council of the Republic, the Supreme Court, the Supreme Economic Court, and the Council of ministers. Moreover, in instances specified by the Constitution, on the recommendation of the President, the Court rules on instances of systematic or flagrant violation of the Constitution by the houses of parliament. Rulings of the Constitutional Court on the constitutionality of enforceable enactments are final and are subject to no appeal or protest. The Court has the right to submit to the President, the houses of parliament, the Council of Ministers and other state bodies binding proposals for making alterations and addenda to existing and new legislation. Evaluation of laws No Not applicable Measures

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