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Article

РЕАЛИЗАЦИЯ ПРАВА ЗАКОНОДАТЕЛЬНОЙ ИНИЦИАТИВЫ В СОВРЕМЕННОЙ РОССИИ: ПРАВОВАЯ РЕГЛАМЕНТАЦИЯ, ПРОБЛЕМЫ, ПРАКТИКА

Государство и право. 2018. № 5. С. 5-17.

This article is dedicated to overlook regulatory framework and realization of the constitution right of the legislative initiative in present Russia. The problems of understanding the right of the legislative initiative are being researched in the article and there is given an official position to this question, expressed in Art. 107 of the Regulations of the State Duma. It is noted, that in the Russian legislative process the given right is correlated with the legislative duty of the State Duma to consider this bill and the submitted documents with it and take an appropriate decision. On the basis of the analysis, it was concluded that the right of legislative initiative is implemented nonuniformly, because the state Duma enacts different laws on legal force. The question about from what moment the stage of the legislative initiative starts, at the same time, points of view are presented by both domestic and foreign authors. There is a conclusion made, that the real scope of authority subjects, that hold the right of legislative initiative in Russia is not the same, because it depends on the political and legal status of subjects of constitutional legal relations. The problem of the subject composition of persons who have the right of the legislative initiative, which is defined in Art. 104 of the Constitution of the Russian Federation is being discussed. The author comes to the conclusion, that there is an expansion in the subject composition of who have the right of legislative initiative in modern Russia, in which in addition to the General Prosecutor, the Ombudsman for Human and Citizen’s Rights, as well as the well-established large public organizations, should be added. It is noted, that the best form, in which the legal norms, that regulate the right of the legislative initiative will be fixed, is the Federal Law “On Regulatory Legal Acts in the Russian Federation”.