RUSSIA

Duma

1. The legal basis for professional activities of the State Duma Apparatus staff is the Russian Federation public service and labour laws, and besides the local statutory acts effective in the State Duma apparatus.

The Government Service legislation is composed of:

- The Constitution of the Russian Federation, which states equal access to public service of all its citizens (Article 32);

- The Federal Law “About the principles of government service”, which defines the legal status of public officers and is the basic legislative act. On its base the statutory legal acts are enacted, regulating governmental service on the federal level as well as on the level of subjects of the Russian Federation.

The Presidential Decrees on the issues of the government service execution, which may be divided into 2 groups:

- the decrees effective before enactment of appropriate federal laws (e.g. the decrees approving regulations of federal government service, certification of federal government officers, awarding of a skill category etc.);

- the decrees on the issues that should be regulated by the presidential decrees (e.g. the decree on the Register of Government Posts of the Russian Federation Government Service).

Decrees by the Government of the Russian Federation, which are mainly adopted in execution of the law and decrees and apply to arrangement of government service (e.g. about social protection of government officers, about arrangement of retraining and improvement of qualification of public officers etc.).

Decrees by the Russian Ministry of Labour, which explain on the instructions of the RF Government how to use the regulations of the law and decrees in the field of labour, employment and social protection.

However, not all the stages of government service execution are regulated by these acts. That’s why the State Duma Apparatus worked out and uses a number of regulations and methodical materials, which reflect the specific character of government service execution in the Apparatus and regulate some provisions of the law, not fully regulated by the Federal Law or the presidential decrees. They include:

- general statutes on conducting of personal interviews with the State Duma Apparatus` officers;

- the statute on certification of the Apparatus` officers;

- the statute on the procedure of forming and training of personnel reserve for senior posts;

- the statute on payment of labour;

- the statute on the students` practice and arrangement of training in the Apparatus;

- the statutes on taking a job as a public officer in the Apparatus;

- on procedure of awarding of skill category;

- on arrangement of training of the Apparatus officers;

- the recommendations on arrangement of probation;

- the rules of internal order for the officers of the State Duma Apparatus;

- a number of other local statutory acts.

The second edition of the Collection of Statutory Legal Acts, regulating the execution of government service in the Apparatus, had been issued with inclusion of all the abovementioned documents.

The statutes on structural subdivisions of the Apparatus and duty regulations of governmental officers are worked out with consideration of qualification requirements related to the groups of administrative posts and peculiarity of job in every subdivision. They are used on entrance to work, conducting of certification of employers and giving them skill categories.

The following are the stages of execution of government service.

2. Special features of entrance to public service

Keeping the right of each citizen of the Russian Federation to enter the government service, the Federal law defines a number of additional terms when compared with the Labour Code:

knowledge of the state language;

age – not younger than 18 (according to the Labour Code -15);

qualification requirements, relating the groups of government posts, to the level of professional education, length and experience of service, knowledge of statutory legal acts of the Russian Federation. The Qualification requirements are defined by the Federal Law and the Presidential Decree #123 of 30 January, 1996, “About the Qualification Requirements to the Government Posts of the Federal State Service”.

the documents, submitted when entering the government service

It is additionally required to submit information from the Internal Revenue Service about the personal property, medical conclusion about the state of health, and what`s more, the given information is to be verified (the measures on arrangement of verification of the information are defined by the Presidential Decree #641 of 1 June, 1998, “About the Measures on Arrangement of Verification of the Information, Given by the Individuals, Appointed to the State Posts of the Russian Federation and the State Posts of the Federal State Service”);

conditions, creating obstacles for entrance to public service:

disability, recognized by the court; refusal to execute the required admittance; refusal to submit the required information; citizenship of a foreign state (excluding the cases regulated by the interstate agreements) and others;

peculiarities of conclusion of labour contract:

- to fill a vacant post of category B, a presentation is required by the person for fulfillment of whose duties an employee is taken (i.e. the post of category A is the state post of the Russian Federation, set in the Constitution of the Russian Federation); to fill a junior post of category B, a presentation by the head of structural subdivision of the Apparatus is required; to fill the rest of the posts of category B, contest for a vacancy is required, if there is no reserve [(a statute on the contest is approved by the Presidential Decree 604 of 29 April, 1996, “About Approval of the Statute on the Contest for a State Vacancy of Federal Government Service);

- compulsory determination of the period of probation from 3 to 6 months (according to the Labour Code a period of probation is determined on agreement and is not more than 3 months)];

- the length of the labour agreement with a public officer, filling the vacancy of category B, is limited by the term of powers of an adequate person, filling the vacancy of category A.

The state post of the government service in the State Duma Apparatus is the state post of category B or C, included into the Register of Government Posts of the State Service of the Russian Federation. The posts are classified by 5 groups.

All the above mentioned peculiarities and conditions of taking to work to the Apparatus are shown in the Status on the Procedure of Entrance to the Federal Government Service in the State Duma Apparatus of the Russian Federation Federal Council.

In addition to the Statute, the recommendations have been worked out for the heads of structural subdivisions on the arrangement of probation, set on appointment for the state post in the Apparatus.

During the probation time the officer of the Apparatus should get acquainted with the Statute on the State Duma Apparatus, the Statute on an appropriate structural subdivision, the duty regulations, the internal Rules and Regulations for the officers of the State Duma Apparatus, the Statute on remuneration of labour and other statutory acts, regulating the execution of public service in the State Duma Apparatus. A head of a structural subdivision should in his turn to interview the employee to reveal in time the factors, preventing to fulfill his duties.

3. Distinctives of the government service execution

The Federal Law sets a number of restrictions for the government officers: for the ability to perform another paid work excluding pedagogical and scientific one; to be a deputy of a legislative body or of a subject of the Russian Federation; to be engaged in enterprise; to be a member of a managerial body of commercial organization; to use his official position in the interests of political parties and other organizations; to take part in strikes and so on.

Among the basic rights of the government officer, set in the law, are: the right to get familiar with documents, to get information, to visit organizations, to take decisions in accordance with his official duties; the right for the job promotion considering qualification, the results of work and the length of service; the right for the pension provision; the right for retraining (reeducation) and upgrading at the expense of the federal budget.

The main duties of the government officer are: support of constitutional system of Russia and observation of the Constitution of the Russian Federation; execution of orders, excluding illegal ones; keeping of a state secret. A public officer must maintain his skill level, adequate to performance of his duties. A skill level and adequacy for the job are evaluated on personnel certification or qualification examination.

Which are the legal guarantees for the government officer? First of all, they are:

job conditions, assuring performance of his official duties;

upkeeping, comprised of: a salary, the increments for specific conditions of government service (up to 20%), long-service bonus (up to 30%) and the increments for the skill category and bonus for the results of work. The increment for the skill category is set after the category had been awarded, according to the results of certification or qualification examination, where the adequacy of professional standard and qualification requirements by the groups of government posts is defined. (The Decree of the President of the Russian Federation #578 of 22 April, 1996, “About Awarding and Keeping of Skill Categories to the Federal Government Officers”). Moreover, for every group of posts their own skill categories of the 1-st, 2-nd and 3-rd class are established (5 groups of posts, 15 skill categories).

Thus, a special system of labour payment is established for the government officers, being regulated currently by the Decree of the President of the Russian Federation #310 of 9 April, 1997, ”About Upkeeping of the Federal Government Officers”.

The annual paid leave of the government officer is not less than 30 calendar days [(according to the Labour Code 28 working days)], an extra leave for a length of service and besides, the leave without pay for the one-year term maximum is allowed. Medical service of the government officer and his family`s members is provided, as well as the pension provision for the length of service and a number of other guarantees associated with social insurance.

Principle distinctives are set by the Federal Law in respect of the government official`s responsibility for performance of the duties placed on him. The list of disciplinary penalties is enlarged in comparison with the Labour Code and added with the notice of incomplete adequacy for the job and suspension (the Decree of the President of the Russian Federation #810 of 6 June, 1996, “About the Measures on Strengthening of Discipline in the Government Service System”. Besides, the principle of non-party-membership of government service is determined. It is set by the Federal Law “About the Principles of Government Service in the Russian Federation” (Article 5, part II). The officers of the secretariats of the deputies Chairman of the State Duma and the officers of the aus of deputy unions are government officials. Regardless of the fact, what category of government officials they may be referred to (B or C, i.e. if their service is limited by the term, for which deputies are elected or not), they must follow the principle of non-party-membership in their activity.

The officers of the secretariats of the deputies Chairman of the State Duma and of the apparatus of deputy unions really work with the“party” leaders, but as government officials they can not use their status for collection of funds for any political campaigns, promote the programmes and goals of political parties, social unions and movements when performing their duties.

When an officer fails to comply with the requirement of the law, he will be dismissed. Such cases happen but they are single ones. On the whole, taking into account the experience of the work of the Apparatus of the State Duma of the 2-nd and 3-rd callings, one can note, that the specialists of high professional level work successfully with deputies, belonging to different parties. The labour contracts with more than 40% of category B officers, admitted to the Apparatus of the State Duma of the 2-nd calling, were concluded and these officers continue their work in the 3-rd calling.

The principle of non-party-membership does not apply to assistant deputies. They are allowed to run delegations, associated with political activity in accordance with paragraph 4, Article 37 of the Federal Law “ About the Status of the Member of the Federation Council of the Russian Federation”.

The length of government service is calculated in accordance with the presidential decrees and is taken into consideration when setting an increment to salary and a monthly extra charge to government pension. According to the Presidential Decree #755 of 15 June, 1999, it is defined, that the above mentioned extra charge to government pension is set when the length of government service is not more

4. Distinctives of government service termination

According to the Federal Law, government service is terminated on the officer`s dismissal, including retirement. Apart from the grounds, stipulated in the Labour Code, the government officer may be dismissed in the following cases:

on reaching age limit, defined for filling of government post vacancy. It is 60, and moreover, for senior and chief posts it is possible to prolong government service to 65 years with annual confirmation. After reaching this age, they may fill non-government post vacancies.

termination of citizenship of the Russian Federation;

non-observance of duties and restrictions, set by the legislation;

disclosure of state secrets and other circumstances;

On dismissal the government officer is granted a number of benefits and compensations. The specific procedure of dismissal is set in connection with liquidation or staff reduction. In this case the government officer should be proposed a government post in another state body, considering his occupation and qualification. If it is impossible, the government officer is proposed retraining (reeducation) on retention of upkeeping and availability to fill another government post vacancy after that.

On dismissal the average earnings is paid for 3 months (without offsetting of dismissal wage unlike the Labour Code).

In the final part of my speech I would like to dwell particularly upon the set procedure of skill categories` awarding and training of the State Duma Apparatus officers.

5. Awarding of skill category

After termination of the probation time, the officer of the Apparatus is awarded the adequate skill category in accordance with the results of government qualification examination. For this purpose in 1999 the Status on the Procedure of Awarding and Keeping of Skill Categories for Government Officers of the State Duma Apparatus of the Russian Federation Federal Council was approved, where the procedure of holding of government qualification examination by the certifying commission is set. The examination is held by the certifying commission, which comprises the representatives of educational establishments, providing professional retraining and upgrading of our officers, i.e. base educational establishments. The decision on access to examination is taken by the Administration for personnel and government service jointly with the heads of structural subdivisions.

As the examination is not only one of the means of objective appraisal of the officer`s knowledge, but also the efficient control by authorities of a skill level and professional advance of government officers, when holding it, the level of not only general but also professional knowledge of the Apparatus` officer, pretending for awarding of initial or next government skill category, is appraised. Besides, it is important that the person being examined showed not only the knowledge of the Constitution and statutory-legal acts, but also such professional properties as the ability to analyze, define and evaluate strategic and current changes in jurisdictional field; the ability to find information sources for his professional activity; the ability to master new skills and use them in application to his authority. And first of all he should naturally show his knowledge of the functional duties, stipulated by the duty regulations.

Currently, the Personnel Administration prepared a list of specific tests, oriented to reveal knowledge of the Constitution, the Russian Federation legislation on the issues of activity of the State Duma and of government service. The testing of the Apparatus` officers will be computerized in the nearest future.

Reference:

For today more than 92% of the Apparatus` officers have been awarded skill categories.

6. Training of the Apparatus` officers

One of the main rights of the government officer, set in the legislation, is the right for retraining (reeducation) and upgrading at the expense of the federal budget.

According to the abovementioned documents, they worked out and approved in the Apparatus the Status on Arrangement of Training of the State Duma Apparatus` Officers. To coordinate the work on training of the Apparatus` officers, the Educational-Methodical Council at the Head of the State Duma Apparatus was established.

We have the whole developed system of arrangement of continued officers`training, which allows to carry out uninterrupted upgrading of them for all the years of service in the Apparatus. On the issues of arrangement of training we cooperate closely with the Russian Academy of Government Service by the President of the Russian Federation, the Academy of National Economy by the Government of the Russian Federation, the Academy of Finance by the Government of the Russian Federation, the Moscow State Juridical Academy. We have more than 10 our own “duma`s” educational programmes, built up with consideration of specific character of the activity of the State Duma Apparatus` structural subdivisions. That is particularly important, as nobody trains the specialists for legislative body purposefully and effects their professionally oriented retraining. Only for the period of work of the State Duma of the 3-rd calling (2000 – 2003) 243 persons got training on the programmes of reeducation and professional retraining, 728 persons improved their skills, 2254 attended short-term courses, 1800 got computer training.

Besides, we are keen as actively as possible to use international cooperation to improve the skills of the deputies, as well as of the Apparatus` officers. First of all, this work is built up within the framework of inter-parliamentary relations. Today we actively implement the Russian-Canadian programme, the Russian-British programme and other ones. We hold in Moscow the subject seminars and round tables. Within the framework of the programmes` implementation, the most active participants of the seminars and round tables, i.e. the Apparatus` officers, leave for training in the parliaments of Canada, Great Britain, Germany, the United States of America, France and other countries.

The State Duma Apparatus is going now through the complicated and interesting times; before the beginning of work of the Duma of the next calling it has the new tasks to accomplish. It is connected with the fact, that the main task of the Duma of next calling will not be a wave approach to law making with focus on making up for deficiencies in legislation and adjustment of out-of-date legislative acts in the conditions of modern times, but the new in its properties development of the formed Russian legal system. And it is the Apparatus` officers who should provide placing for the deputies` consideration of the federal constitutional draft laws and enactments, elaborated juridically. From this the need to improve the research and analytical support of the State Duma`s activity, optimization of the Apparatus` structure and its staff number arises. All this requires the reform of manpower policy in the Apparatus of the State Duma of the Russian Federation Federal Council. And we have already started to put into effect the measures on its realization. We believe that they will promote building of professional personnel potential of the Apparatus, its development, efficient usage and as a result, the successful accomplishing of the tasks, set for the State Duma.

7.The working load of the parliament and hence, the working load of the Administration

The number of parliament members

According to the Article 94 of the Constitution of the Russian Federation the Federal Council - the Parliament of the Russian Federation - consists of two chambers: the Federation Council and the State Duma. The Federation Council is represented by 2 (two) members from each of 89 subjects of the Russian Federation: by 1 (one) from both the representative and the executive state power bodies (for September,18, 2003, these are 175 from 178 members of the Federation Council). The State Duma consists of 450 deputies (for September, 19, 2003, their number is 440).

The duration of the year session and the number of meetings. How many hours a year the Chamber had been sitting in conferences during the current calling.

As usual, according to its Regulations, the State Duma meets in the following sessions:

- the spring session – from 12 January up to 20 June;

- the autumn session – from 1 September up to 25 December.

In the course of work of the State Duma of the 3-rd calling (for September, 19, 2003):

Year	Number of meetings
	Spring Session	Autumn Session	Total
2000	41	28	69
2001	44	28	72
2002	42	29	71
2003 (includ.19.09.2003)	38	5	43
Total	165	90	255

On the day of its meeting the State Duma usually works from 10.00 a.m. till 6.00 p.m. with two breaks – one is 30 minutes (12.00 – 12.30 a.m.) and the other is 2 hours (14.00 – 16.00 p.m.), i.e. five and a half hours of practical work in the hall of meetings. However, the deputies spend much more time to discuss some draft laws when compared with the Regulations.

The number of votes for having a quorum

The State Duma`s meeting starts with the registration of the State Duma members attended. The meeting is considered to be lawful, if the majority of the total number of deputies attends it (not less than 226 deputies of the Chamber).

The quorum for adoption by the State Duma of a federal law – the majority of votes of the total number of the State Duma deputies – not less than 226 votes of deputies (Part 2, Article 105 of the Constitution of the Russian Federation).

The quorum for approval by the State Duma of a federal constitutional law should not be less than two thirds of the total number of deputies – 300 votes of deputies (Part 2, Article 108 of the Constitution of the Russian Federation).

The quorum for adoption by the State Duma of the federal law, rejected by the Federation Board or the President of the Russian Federation, in its early approved wording should not be less than two thirds of the total number of deputies – 300 votes of deputies.

The quorum for adoption by the State Duma of the law about the revision of provisions of Chapters 1, 2 and 9 of the Constitution should not be less than two thirds of the total number of the Federation Board members and the State Duma deputies (270 votes).

The quorum for adoption of the law about amendments to Chapters 3-8 of the Constitution is 300 votes.

The number of bills being under consideration by the Chamber within a year:

	2000	2001	2002	2003 (for 19 Sept. 2003)
The number of laws adopted	177	258	228	128

The main activity of standing committees and the average number of the Chamber`s meetings in the current calling

In accordance with the Regulations of the State Duma the meetings of committees are held as required, but not less than twice a month.

The order of work of the State Duma of the 3-rd Calling provides the meetings of committees on Mondays and Thursdays.

In 2000 the committees held 688 meetings, in 2001 – 873 meetings, in 2002 – 771 meetings. The major part of the committees of the State Duma has one meeting a week, as a rule.

8. The relation between the Parliament`s Apparatus and the legislative procedure

Consulting on parliamentary proceeding.

Just at the Chamber`s meeting the specialists being in the State Duma conference hall and in the premises of technical secretariat placed near the State Duma conference hall, do consulting on parliamentary proceeding and provide the required materials on the items included into procedure of the State Duma.

Provision of basic documentation

According to the procedure of work of the State Duma, for the regular meeting the officers of the Department of Organizational backing of the State Duma`s meetings form packages of materials on each issue for the State Duma authorities, the President of the Russian Federation, the Federal Council of the Federation Assembly of the Russian Federation, the Government of the Russian Federation, take stock of the materials submitted by the State Duma Board and forward them to be multiplied and distributed among the deputies for further debates at the Chamber`s meetings.

Arrangement of relationships with the Government of the Russian Federation and other authorities, preparation of requests for information to these authorities

The Department of Organizational Backing of the State Duma`s Meetings prepares for each week of parliament`s work the information about examination by the Government of the Russian Federation of the draft laws being included into the drafts of the State Duma`s procedure of work in accordance with the Calendar of examination of the State Duma`s issues for the current month. The information is prepared on the base of data of the Department on Relations with the Federal Council, Public Organizations and Religious Associations of Apparatus of the Russian Government and sited in the electronic informational pool of the State Duma. The Department for Conciliation Procedures Arrangement of the Governing Board provides participation of Government representatives in the meetings of conciliation commissions on the laws adopted by the State Duma and rejected by the Federation Council, if there is a provision on their invitation in the resolution of the State Duma.

For the period of work of the State Duma of the 3-rd Calling (for September, 18, 2003) the Department of Organizational Backing of the State Duma`s Meetings had prepared for the State Duma Board 32 informational materials about the progress of examination by the Chamber of the draft laws introduced by the President of RF, the Federation Council and its members, the Government of RF. The data with analytical notes and resolutions of the State Duma Boardl are forwarded for examination by the President of the Russian Federation, the committees and the deputies unions in the State Duma, the Federation Council and the Government of the Russian Federation.

Concluding the month, the information on the progress of implementation of approximate programme of the State Duma`s legislative draft work for the period of current session and the calendar of examination of the State Duma`s issues for the last month is sited in the electronic information pool of the State Duma.

Preparation of technical notes on the issues connected with provision of constitutionality (indicating whether the notes are prepared for individual parliamentarians or for the authors of bills, members of standing committees, the speaker of a chamber, the whole chamber and the like)

In accordance with the regulation requirements the deputies are promptly notified about the issues submitted for the Chamber`s examination (through placing in the State Duma electronic informational pool of the draft order of work for the next meeting). The Department of Organizational Backing of the State Duma`s Meetings prepares for examination by the State Duma Board the draft procedures of the State Duma`s work for the next meetings of the Chamber. In the draft procedure of work of the State Duma they draw attention to the presence in the bill of contradictions to constitutional provisions or absence of resolutions of the Government, the committee-co-executor, the Juridical Board (the necessity of getting of renewed resolutions of the Juridical Board, as the available resolution was made by the Juridical Board more than 6 months ago).

For the person acting as a chairman at the meeting the draft procedure of work of the State Duma is prepared with the above mentioned remarks, as well as with the date of distribution of materials on all the issues and other information, required for conduct of the State Duma`s meeting.

The committees` apparatus help the deputies to:

- work out the conceptions of bills (in 2000 – 161, in 2001 – 249, in 2002 – 101);

- prepare bills for the 1-st, 2-nd, 3-rd reading, for the second examination by the State Duma;

- prepare meetings of expert councils and working groups on the bills of a Committee (in 2000-977, in 2001 – 1390, in 2002 – 1048);

- prepare draft resolutions on the bills received by the Committee for examination (in 2000 – 1870, in 2001 – 2079, in 2002 – 1174);

- prepare draft texts of other normative-legal acts (in 2000 – 291, in 2001 – 225, in 2002 – 275).

The committees` apparatus take part in preparation and holding the Committee`s meetings, prepare the issues to be considered at the Committee`s meetings.

Number of issues prepared: in 2000 – 3906, in 2001 – 4646, in 2002 – 3762.

Together with Governing Department the committees` apparatus participate (methodical, organizational and organizational-technical assistance) in arrangement and holding parliamentary hearings (PH), conferences, round tables and other arrangements of Committee.

Number of PH prepared and held: in 2000 – 101, in 2001 – 124, in 2002 – 95.

Number of conferences, round tables and other arrangements of Committee prepared and held: in 2000 – 336, in 2001 – 461, in 2002 – 540.

Governing Department developed the Procedure of arrangement and holding PH in order to help the organizers of PH.

The committees` apparatus implement resolutions, protocol orders of the State Duma, orders and charges of the State Duma Chairman (vice-chairmen), the State Duma Board (besides the ones connected with drafting and examination of bills) (in 2000 – 965, in 2001 – 836, in 2002 – 670).

The committees` apparatus take part in reception of citizens, writing the letters to organizations, the Russian citizens and foreign correspondents.

The committees` apparatus execute the flow of documents on all the questions of their activity.

Together with Governing Department the committees` apparatus arrange the meetings of conciliation and special commissions (in 2000 – 93, in 2001 – 121, in 2002 – 126).