Paragraph 3 of paragraph 108 of the Government Regulati
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Paragraph 3 of Clause 108 of the Regulation of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 1, 2004 No. 260 (hereinafter - the Regulation), provides that a deputy’s request, an appeal from a member of the Council of the Federation or a deputy of the State Duma to the Government, to the Chairman of the Government or is sent to the Deputy Prime Minister by the Government Office for a response to the federal executive bodies, which are managed by the President of the Russian Federation or Government The answer is given by the appropriate head of the federal executive body or his deputy in writing no later than 30 days from the date of receipt of the deputy’s request, appeal to the Government.
Sidorov, who is a deputy of the State Duma of the Federal Assembly of the Russian Federation, appealed to the Supreme Court of the Russian Federation with a statement recognizing the cited norm of the Rules as invalid from the moment the court decision was made, referring to its contradiction of Art. 14 of the Federal Law “On the status of a member of the Council of the Federation and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”.
The statement states that in accordance with this Law, a State Duma deputy has the right to apply, at his discretion, to one or another competent federal executive body directly or directly to the Chairman of the Government of the Russian Federation, his deputies with a deputy request. The response to the request must be signed by the official to whom the request was sent, or by the person temporarily performing his duties.
During the period of the exercise of parliamentary powers, Sidorov repeatedly requested parliamentary inquiries addressed to the Chairman of the Government of the Russian Federation and his deputies, however, they were sent to the relevant ministries on the basis of the contested prescription of the Regulation to the relevant ministries without examining them on the merits of the addresses indicated in the requests - the Chairman of the Government of the Russian Federation and his deputies. This violates the applicant’s right to receive a response from a relevant official to a deputy’s request.
What should be the court decision? To answer this question, study Article 14 of Federal Law of May 8, 1994 No. 3-ФЗ “On the Status of a Member of the Council of the Federation and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation”.
Sidorov, who is a deputy of the State Duma of the Federal Assembly of the Russian Federation, appealed to the Supreme Court of the Russian Federation with a statement recognizing the cited norm of the Rules as invalid from the moment the court decision was made, referring to its contradiction of Art. 14 of the Federal Law “On the status of a member of the Council of the Federation and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”.
The statement states that in accordance with this Law, a State Duma deputy has the right to apply, at his discretion, to one or another competent federal executive body directly or directly to the Chairman of the Government of the Russian Federation, his deputies with a deputy request. The response to the request must be signed by the official to whom the request was sent, or by the person temporarily performing his duties.
During the period of the exercise of parliamentary powers, Sidorov repeatedly requested parliamentary inquiries addressed to the Chairman of the Government of the Russian Federation and his deputies, however, they were sent to the relevant ministries on the basis of the contested prescription of the Regulation to the relevant ministries without examining them on the merits of the addresses indicated in the requests - the Chairman of the Government of the Russian Federation and his deputies. This violates the applicant’s right to receive a response from a relevant official to a deputy’s request.
What should be the court decision? To answer this question, study Article 14 of Federal Law of May 8, 1994 No. 3-ФЗ “On the Status of a Member of the Council of the Federation and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation”.
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