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Порталус

RUSSIAN PARLIAMENTARISM. FROM ANTIQUITY TO THE PRESENT DAY

Дата публикации: 17 мая 2025
Публикатор: Научная библиотека Порталус
Рубрика: ПОЛИТОЛОГИЯ
Номер публикации: №1747494208



In January, it was 5 years since our parliament, the Federal Assembly of the Russian Federation, which was formed after the parliamentary elections of December 1993, began its work. This year, all of us, Russian voters, will have to determine, figuratively speaking, the appearance of the lower house of parliament - the State Duma-by expressing our will. With it, Russia will enter the 21st century. These circumstances give a special relevance to the topic of the series of publications that Orientir offers you. They allow our readers-voters in military uniforms-to get acquainted with the history of the development of parliamentarism in Russia and the current day of the federal legislative power in a broader and more comprehensive way.

Roman Mikhailovich Romanov was born on April 3, 1941. He graduated from the Philological Faculty of the Tomsk State Pedagogical Institute. Then-postgraduate studies at Tomsk State University. After graduating from the Academy of National Economy under the Government of the Russian Federation, he received a Master's degree in Public Administration. He worked in the press, party and state bodies. Since the formation of the Federal Assembly of Russia (January 1994), he has held the position of Chief of Staff of the Committee for Organizing the Work of the State Duma. Since 1996, he has served in the Upper House of the Federal Assembly as First Deputy Chief of Staff of the Federation Council.

Full State Councilor of the Russian Federation, 1st class. Candidate of Historical Sciences.

He served in the Pacific Fleet. Captain of the 1st reserve rank.

Modern parliamentarism has a long history. Today, in more than 200 countries of the world, parliaments - the highest representative bodies-have become an organic part of state power, have become a global phenomenon and have received the right to a generalizing concept: parliamentarism as a system in which the functions of legislative and executive bodies of state government are clearly distributed. Each country in its own way went to the parliamentary form of legislative power.

The birthplace of parliament is considered to be England, where since the XIII century the power of the king was limited to an assembly of the largest feudal lords , the highest clergy-prelates and representatives of cities and counties (rural territorial units). Since then, class and class-representative institutions have begun to emerge in other countries of the world. Subsequently, they developed and transformed into representative institutions of a modern type. In general, lawmaking has a much more ancient history.

Even the most outstanding sovereigns in the past could not manage their kingdoms and empires without talented and loyal assistants. Clever councillors, bold military leaders, honest tax collectors, skilled merchants, inspired priests and poets were needed. As well as far-sighted and cunning legislators. Such people, who formed the inner circle of leaders, pharaohs, kings, and emperors, were required throughout the history of mankind. As long as the communities of people did not exceed the number of tribes and clans, one and the same person could be a prince, a military commander, a judge, and a legislator. Then the clans grew, the tribes united, made alliances with each other. Tribal leaders, elders, and priests formed a permanent body with the right to order, issue orders, and make decisions that all members of the tribal union were required to obey.

A certain stratum gradually formed in the top management, which acquired a special managerial position, which gave it the right to a larger share of the spoils of war, to the best location of the camp, the best horses, the best weapons. The concept of "power"appeared. And when the wealth of people belonging to this stratum became so great that they could support close members of the tribal union, the first signs of a state appeared, that is, an association of those who are endowed with the right to manage the established community of people, give orders and demand their strict execution. The need for mandatory prescriptions for all has increased. We needed people to make them up. They formed the first legislative bodies in the history of mankind. The scheme of their origin and activity was not very diverse.

The main legislators were the leaders of the state (pharaohs, kings, emperors), priests and especially gifted officials who were able to translate the thoughts of the leaders, the allegories of the priests into clear and precise requirements, norms of behavior, guarantees and sanctions. In ancient Egypt, India, and China, as well as in Assyria, the Babylonian Kingdom, Judea, Persia, Ethiopia, Libya, and a number of other countries, the basis of the state structure and legal rulemaking was determined by myths and legends about the divine origin of kings and their power. The legislative branch of government has not yet been distinguished, it functioned as one of the power rights of tsars, their deputies, and rulers of administrative territories. Arbitrariness and self-will of big and small bosses reigned.

History also knows a different approach to lawmaking. In the first millennium BC. e. in Attica-the Athenian state, a different scheme was born, which served as a prototype of modern legislative power. It was democratic in nature. There, they became rulers not by inheriting the "divine gift" of power, but in the course of a political struggle. The demos-people and their leaders openly defended their economic, political, and social interests and brought to power those who defended these interests to the greatest extent. In ancient Greece and Rome, fundamentally different systems of power were formed in comparison with other countries of the world - democratic in their basis. A separation of powers was made. For the first time in the world, the legislative power was separated into an independent branch (in Athens, the "Council of Four Hundred" - under Solon, the "Council of Five Hundred" - under Cleisthenes, the Senate - in Ancient Rome). The word "parliament" appeared more than one and a half thousand years later, but its prototypes functioned successfully in those distant times.

Russian history knows a number of pre-parliamentary, representative legislative, advisory and administrative institutions of various degrees of democracy, forms of participation of representatives of different strata of society in the governance of the state as a whole and individual territories included in it. Among them are veche-people's assemblies in Ancient and medieval Russia from the X to the beginning of the XVI century, Boyar, Zemstvo and city dumas, zemstvo meetings, councils, courts. More details about them will be discussed in one of the following publications.

The idea of the need for a parliament in Russia arose in the 30s of the XVI century. Representatives of various estates (clergymen, diplomats, statesmen-elder Maxim Grek, Zinovy Otensky, diplomat Fyodor Karpov, nobleman I. S. Peresvetov, clerk I. Timofeev, Prince A.M. Kurbsky) spoke in favor of a monarchy with an elected estate-representative body. "The king is still honored by the kingdom... I must seek good and useful advice not only from my advisers, but also from people all over the country, " Prince Kurbsky wrote to Tsar Ivan the Terrible. The purpose of the Parliament was seen by all its supporters as being, in the words of Zinovy Otensky, to direct the state "towards the achievement of the common good, strength, peace and quiet." Long before the establishment of the Russian parliament, Russian thinkers and politicians formulated the correct provisions that formed the basis for future parliamentary practice. However, the first Russian parliament was established only by the last Russian Emperor, Nicholas II, under the pressure of the democratic revolution, only on October 17, 1905. It took almost four centuries for the idea and traditions of the English parliament to be realized in Russia.

The contents of the tsarist manifesto of October 17 fit into three main points. First, the population was granted "unshakable foundations of civil freedom on the basis of the actual inviolability of the individual, freedom of conscience, speech, assembly and unions." Secondly, the Government was now instructed to involve in the Duma "those classes of the population who are now completely deprived of the right to vote." As a follow-up to this provision of the manifesto, a workers ' curia was formed, and workers of industrial establishments numbering more than 50 people were given the right to vote. Third, it was proclaimed: "To establish as an unshakable rule that no law can take effect without the approval of the State Duma and that the elected representatives of the people are provided with the opportunity to actually participate in the supervision of the regularity of actions ... authorities".

According to the tsar's manifesto, the parliament was planned to be unicameral. But the very first elections showed that the legislative body had become opposed to tsarism. Of the 478 deputies, 179 were Cadets, 97 were Trudoviks, 105 were non-party (mostly left-wing), 63 were from nationalist groups, 18 were Social Democrats, and 16 were Octobrists. The right did not manage to hold a single deputy. Therefore, the tsar immediately took countermeasures, turning the State Council by decree of February 20, 1906, into a legislative body that had equal rights with the State Duma. According to the plan of the tsar and his government, the State Council "was a necessary counterweight to the Duma, moderating it...". It was given the right to veto any law passed by the Duma. So in Russia there was essentially a bicameral parliament. His fate was dramatic. The tsar and the government dissolved the Duma twice. Only the third Duma functioned for a full term. The fourth State Duma ceased to exist as a result of the February (1917) bourgeois revolution. The State Council was dissolved by the Bolsheviks in February 1918.

After the Socialist Revolution, the place of parliament was occupied by congresses of Soviets until 1922. The All-Russian Central Executive Committee of Soviets (VTSIK), endowed by the Constitution of the RSFSR of 1918 with the powers of the highest legislative, administrative and controlling body. With the adoption of the USSR Constitution in 1924, the Central Executive Committee of the Union of Soviet Socialist Republics (CEC of the USSR) and its Presidium became such bodies. The supreme body of power consisted of two chambers - the Union Council and the Council of Nationalities. According to the Constitutions of 1936 and 1977. The Supreme Soviet of the USSR also consisted of two chambers - the Council of the Union and the Council of Nationalities. The bicameral structure is related to the multinational composition of the country, which included 15 union republics, 20 autonomous republics, 8 autonomous regions and 10 autonomous districts. This left a noticeable imprint on the state structure and on state policy. In a multi-ethnic and multi-religious country, a different state policy was hardly possible.

After the declaration of Russian independence in 1991 and the collapse of the Soviet Union, Russia retained a bicameral legislative body: first, the Supreme Soviet of the Russian Federation, and after 1993, the Federal Assembly of the Russian Federation with two chambers - the State Duma and the Federation Council. Bicameral status is associated with the preserved federal structure of Russia. It consists of 21 republics (having the status of a state), 6 territories, 49 regions, 1 autonomous region, 10 autonomous districts, and two federal cities-Moscow and St. Petersburg. All these administrative divisions are formed by 89 constituent entities of the Russian Federation, which have special geographical, economic, political, social, national-demographic, and cultural features, which are directly reflected in their interests, which require special legal status and, consequently, special representation in the legislative body. It is precisely these features that make a bicameral Parliament necessary.

The legal and political status of chambers is determined by the Constitution of the Russian Federation and a number of federal laws. The State Duma is elected by the population by 50% in single-mandate districts, and by 50% on party lists. In total, 450 deputies are elected to it. Elections to the State Duma are held once every 4 years. The Federation Council is formed from the heads of administrations and legislative bodies of the constituent entities of Russia and has 178 members. Both chambers operate on a permanent basis. Traditionally, the Federation Council is called the upper house of Parliament, and the State Duma is called the lower house, although they are equal in position and each performs its own functions defined by the Constitution.

Legislative work is being carried out intensively. During the five years of the current Russian parliament, the State Duma has passed more than 1,300 laws, the Federation Council has approved more than 800 laws, and the President has signed more than 800 laws. The world doesn't know much about this pace of legislative activity. They are explained by the fact that the legislative framework is being updated in Russia. The country is making an accelerated transition to a market economy. That is why there is such a great need for new legislation. It is clear that the rapid pace in some cases reduces the quality of laws adopted. In the current legislative practice, there are cases when amendments, additions, and changes are made to the adopted law after a short time. There are cases when a law is adopted, approved, or signed, but it doesn't work: there are no funds for its implementation. The quality of laws is affected by the acute political struggle that continues unabated in today's Russia. The incomplete economic reform also hinders the qualitative growth of Russian legislation. It is difficult to prepare high-quality laws with an unprecedented drop in production, the standard of living of the population, an unstable financial base, etc.

We can also talk about other shortcomings in the activities of the Russian parliament. A certain discount should be made on its relative youth. Russian parliamentarians are actively studying. There is a constant exchange of parliamentary delegations with many countries around the world: England, France, Canada, the United States, Germany, Sweden, China and other countries.

They say that youth is an easily corrected flaw that passes over the years. This also applies to the Russian Parliament, which will eventually mature and gain the necessary experience. It occupies a worthy place in the system of Russian government. Parliamentarism is the surest and shortest path to stability in society, business cooperation among all segments of the population, and strengthening the power and independence of the state. The advantages of parliament can be said with good reason: a hot discussion in it is better than a hot fight in the street, a strict law is better than unlimited arbitrariness.

Roman ROMANOV, First Deputy Chief of Staff of the Federation Council of the Federal Assembly of the Russian Federation, Candidate of Historical Sciences

Опубликовано на Порталусе 17 мая 2025 года

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