ROMSO Cyprus Knowledge Base

"The veto power of the President of Russia"

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In the constitutional law of the Russian Federation, two institutions of state power have the right of veto - the Federation Council (Upper chamber of Parliament) and the President of Russia.

The right of veto of the President of the Russian Federation means the rejection of federal laws to eliminate the contradictions between him and the Federal Assembly of Russia (the State Duma and the Federation Council of the Russian Federation).

Legal basis for rejection of laws by the President of the Russian Federation

The President of Russia considers federal laws within 14 days after they are received from the Federation Council or from the State Duma. If a draft law is vetoed by the President of the Russian Federation, the upper and lower chambers of Parliament are immediately notified. If they are ready to finalize the bill, a special commission is created from deputies of the State Duma and representatives of the President of Russia. Senators of the Russian Federation may also be members of a special commission, but this is not regulated either by the Constitution of the Russian Federation or by any legislative acts, but is at the discretion of the President and (or) the State Duma of the Russian Federation. The members of the commission must either re-examine this bill, taking into account the objections of the head of state, or withdraw it from consideration completely (Chapter 15 of the Rules of Procedure of the State Duma). The State Duma and the Federation Council of the Russian Federation can override the presidential veto if both chambers vote by a constitutional (qualified) majority. Overcoming the veto requires 2⁄3 votes of each chamber (at least 300 deputies and 120 senators).

The formation of a special commission is possible only after the proposal of the President of the Russian Federation. The State Duma has no right to propose its creation. If the President of the Russian Federation has not proposed to form a special commission, the State Duma may either agree with the opinion of the President and withdraw the bill from further consideration, or vote again for it by a qualified majority, starting the procedure of overcoming the veto of the President of the Russian Federation.

Before signing legal acts, the President of the Russian Federation may apply to the Constitutional Court of the Russian Federation for a legal assessment of federal laws. If the Constitutional Court confirms its constitutionality, the President of Russia signs the document within three days. If the Constitutional Court finds the draft law not consistent with the Constitution of the Russian Federation, the President returns it to the State Duma (paragraph 3, article 107 of the Constitution of the Russian Federation).

On the Federal constitutional laws to veto the President of the Russian Federation does not make sense, since their adoption requires a stronger qualified majority of 3⁄4 votes from the total number of senators in the Federation Council. To overcome the veto of the President of the Russian Federation requires less votes of senators – 2⁄3 of their total number. In the theory of constitutional law, federal constitutional laws have a greater legal status than the veto of the President of Russia.

Reconsideration of federal laws rejected by the President of Russia
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