RUSSIAN FEDERATION
FEDERAL LAW
ON THE PUBLIC CHAMBER OF THE RUSSIAN FEDERATION
Passed
By State Duma
On March 16th, 2005
Approved
By the Council of Federation
On March 23rd, 2005
(Wording of the Federal Law No. 195-FZ of December 27th, 2005)
Article 1. General Provisions
1. The Public Chamber of the Russian Federation (henceforth referred to as Public Chamber or PC) provides the interaction of the Russian Federation citizens with the federal authorities, the authorities of the constituent entities of the Russian Federation, and local authorities in view of respecting the needs and interests of the citizens of the Russian Federation, protecting the rights and liberties of the citizens of the Russian Federation and the rights of non-government organizations in establishment and implementation of the state policy, as well as with the purpose of implementing public control of the activity of federal executive bodies, the executive bodies of the constituent entities of the Russian Federation, and local authorities.
2. Public Chamber is formed on the basis of voluntary Participation of the Russian Federation citizens, non-government organizations, and associations of non-government organizations in its activity.
3. The name “Public Chamber of the Russian Federation” cannot be used in the names of federal authorities, authorities of the constituent entities of the Russian Federation, and local authorities, neither in the names of unions, organizations, institutions and enterprises. The name “Public Chamber of the Russian Federation” is not subject to state registration.
4. Location of the Public Chamber is the City of Moscow
Article 2. Goals and Objectives of the Public Chamber
Public Chamber is established to provide the co-ordination of socially important interests of the citizens of the Russian Federation, non-government organizations, state authorities, and local authorities in taking important decisions regarding the issues of economical and social development, namely protection of the national safety, rights and liberties of the Russian Federation citizens, constitutional system of the Russian Federation, and democratic foundations of the development of the Russian Federation civil society by:
1) Implicating Russian citizens and non-government organizations in the implementation of state policy;
2) Promoting and supporting civil initiatives of national importance aiming at the implementation of constitutional rights, liberties, and lawful interests of the citizens and non-government organizations;
3) Carrying out public evaluation of draft Federal Laws, draft the Russian Federation constituent entities’ laws, as well as the drafts of regulatory acts of the Russian Federation executive bodies and local authorities;
4) Controlling the activity of the Russian Federation Government, federal executive bodies, executive bodies of the constituent entities of the Russian Federation, and local authorities in compliance with the provisions of the present Federal Law, as well as observance of the freedom of speech in mass media;
(art. 4 in the wording of Federal Law No. 195-FZ of December 27th, 2005)
5) Elaborating recommendations for the state authorities of the Russian Federation that follow to serve as guidelines while defining the priorities in the field of state support of non-government organizations and other associations of the citizens of the Russian Federation, whose activity is directed at the development of the Russian Federation civil society;
6) Providing information, methodic, and other types of support to the Public Chambers established in the constituent entities of the Russian Federation;
7) Implicating the citizens, non-government organizations, and mass media representatives in discussions concerning the issues of observance of the freedom of speech in mass media, implementation of the right of citizens to information dissemination by lawful ways, securing the guarantees for the freedom of speech and freedom of mass communication, and elaboration of recommendations on the above mentioned issues
(art. 7 introduced by the Federal Law No. 195-FZ of December 27th, 2005)
Article 3. Legal Ground of the Activity of Public Chamber
The Public Chamber acts on the basis of the Constitution of the Russian Federation, federal constitutional laws, the present Federal Law, other Federal Laws, and other regulatory acts.
Article 4. Regulations of the Public Chamber of the Russian Federation
1. Public Chamber approves the Regulations of the Public Chamber of the Russian Federation.
2. The Regulations of the Public Chamber of the Russian Federation establish:
1) The order of Participation of Public Chamber members in its activity;
2) Terms and order of plenary sessions of the Public Chamber;
3) Membership, powers and order of activity of the Council of the Public Chamber of the Russian Federation (henceforth referred to as Public Chamber Council);
4) Powers and order of activity of the Secretary of the Public Chamber of the Russian Federation (henceforth referred to as Secretary of the Public Chamber);
5) The order of appointment and activity of committees and working groups of the Public Chamber, as well as the order of election and powers of their heads;
6) The order of cessation and suspension the powers of the PC members under the present Federal Law;
7) The order of activity of the PC Administration (henceforth referred to as PC Administration);
8) Forms and order of decision making by the PC;
9) The order of implicating non-government organizations whose representatives were not included in the PC in collaboration with the PC, as well as the forms of their interaction;
10) The procedure of selection of the representatives of national, inter-regional, and regional non-government organizations to participate in the PC in compliance with the provisions of clauses 5 and 6 of article 8 of the present Federal Law;
11) The order of preparation and implementation of the activities of PC;
12) The order of preparation and publication of the annual PC report on the state of civil society of the Russian Federation;
13) Other issues concerning the internal organizational framework and the order of activity of PC under the present Federal Law.
Article 5. Ethical Code of the Members of Public Chamber of the Russian Federation
The PC Council develops and submits for approval to PC the Ethical Code of the PC of the Russian Federation (henceforth referred to as Ethical Code). The observance of the Ethical Code’s requirements is mandatory for all the members of PC.
Article 6. Public Chamber Membership
1. In compliance with the provisions of the present Federal Law, PC is formed of forty-two citizens of the Russian Federation approved by the President of the Russian Federation, forty-two representatives of nation-wide non-government organizations, and forty-two representatives of inter-regional and regional non-government organizations.
2. The following non-government organizations are not allowed to propose candidates for membership of the PC:
1) Organizations registered later than one year before the expiration of the term of authority conferred by office to the current members of PC;
2) Political party.
Article 7. Member of the Public Chamber
1. Any citizen of the Russian Federation eighteen years of age or older can become a member of the PC.
2. The following persons cannot be members of the PC:
1) The President of the Russian Federation; members of the Council of Federation of the Federal Assembly of the Russian Federation; deputies of State Duma of the Federal Assembly of the Russian Federation; the Russian Federation Government officials; judges; other persons holding official the Russian Federation state offices, federal offices, the Russian Federation constituent entities’ official offices, municipal and local government offices;
2) Persons declared legally incapable on the grounds of court decision;
3) Persons with outstanding or unturned conviction;
4) Persons whose membership in the PC was recalled earlier on the basis of provisions of paragraph 6 of clause 1 of article 15 of the present Federal Law. In this case the prohibition for membership in the PC refers exclusively to the following PC convocation.
Article 8. Order of Formation of the Public Chamber
1. Based on the results of consultations with non-government organizations, non-government organizations’ associations, Russian academies of science, and the associations of creative professions, the President of the Russian Federation defines the candidatures of forty-two Russian citizens having special accomplishments for the state and society and offers these citizens to join the PC according to the provisions of clause 14 of the present article.
2. The citizens of the Russian Federation offered to join the PC are bound to inform the President of the Russian Federation in written about their agreement (refusal) to join the PC during thirty days after the receipt of respective notice of affiliation.
3. Within thirty days after receiving written consents of the selected citizens of the Russian Federation to join the PC, or otherwise at the end of term stated in clause 2 of the present article the President of the Russian Federation issues a decree approving the selected members of PC and offering them to proceed to forming the full membership of PC.
4. Within thirty days after the approval of the members of PC appointed by the President of the Russian Federation, nation-wide, inter-regional, and regional non-government organizations can send their applications to the PC with the intention to have their representatives included into the membership of the PC. The applications have to be validated by the collective governing bodies of the respective organizations. The applications must contain information about the given non-government organization’s activity, as well as data regarding the representative that can be sent to the PC.
5. PC members appointed by the President of the Russian Federation during sixty days after their appointment compliant to the procedure of competitive selection stated in the Regulations of the PC decide on the affiliation of forty-two representatives of nation-wide non-government organizations – one representative from each non-government organization.
6. PC members appointed by The President of the Russian Federation together with the affiliated representatives of nation-wide non-government organizations during thirty days after the end of term stated in clause 5 of the present article compliant to the procedure established by the Regulations of the PC decide on the affiliation of forty-two representatives of inter-regional and regional non-government organizations – one representative from each non-government organization.
7. The membership of representatives from inter-regional and regional non-government organizations is formed at the conferences of delegates of inter-regional and regional non-government organizations registered in the Russian Federation constituent entities belonging to the same federal district. The afore-mentioned conferences are held in federal districts during thirty days after the end of term stated in clause 8 of the present article. The quota of representation at the conference is twenty delegates elected at each meeting of the representatives of inter-regional and regional non-government organizations held in each the Russian Federation constituent entity belonging to the same federal district.
8. Meetings mentioned in clause 7 of the present article are held during thirty days from the date of appointment of the members of PC proposed by The President of the Russian Federation.
9. Meetings in the constituent entities of the Russian Federation and conferences in the federal districts are initiated and held by and with the help of the PC member appointed by The President of the Russian Federation and affiliated with the PC according to the provisions of clause 5 of the present article – representatives of nation-wide non-government organizations.
10. Election of inter-regional and regional non-government organizations’ representatives is performed by PC members appointed by The President of the Russian Federation together with nation-wide non-government organizations’ representatives affiliated with the PC according to the provisions of clause 5 of the present article by means of voting from among the list of candidates defined at conferences held in federal districts on the basis of six representatives from non-government organizations registered in the constituent entities of the Russian Federation belonging to the same federal district. The number of candidates defined at the conferences should be not less than ten persons.
11. A conference is authorized to nominate candidates for membership in the PC if not less than half of the delegates selected at the meetings of representatives of inter-regional and regional non-government organizations held in the Russian Federation constituent entities belonging to the same federal district take part in it. At that, the afore-mentioned candidates should represent inter-regional and regional non-government organizations registered in not less than half of the constituent entities of the Russian Federation belonging to the federal district in case.
12. The first plenary session of the PC should be held not later than thirty days from the date of accomplishment of the competent membership of the PC. The PC is considered to be law competent if its membership consists of more than three-forths of the members provided for by the present Federal Law.
13. The term of authority granted by office of the PC members expires after two years from the date of the first plenary session of PC.
14. Six months prior to the expiration of term of authority granted by office of PC members the President of the Russian Federation initiates the procedure of calling of the new membership of PC in compliance with the provisions set forth in clauses 1-11 of the present article.
15. In case if the full membership of the PC is not formed according to the procedure stated by the present article or in case if the office of at least one member of the PC is recalled ahead of schedule according to the provisions of paragraphs 2-10 of clause 1 of article 15 of the present Federal Law, new members of the PC are introduced into its membership in compliance with the following procedure:
1) The President of the Russian Federation takes the decision to affiliate with the PC some citizens of the Russian Federation under the procedure stated in clauses 1-3 of the present article; at that, the terms of the afore-mentioned procedures’ implementation are reduced by half;
2) The members of PC appointed by the President of the Russian Federation take decision to affiliate with PC the representatives of nation-wide non-government organizations under the procedure stated by clauses 4 and 5 of the present article;
3) The members of PC appointed by the President of the Russian Federation together with the representatives of the nation-wide non-government organizations affiliated with the PC take decision to affiliate with the PC the representatives of the inter-regional and regional non-government organizations from among the candidates defined at the conferences held in federal districts while forming the current membership of the PC under the procedure stated by clauses 6-11 of the present article.
16. Procedures mentioned in paragraphs 2 and 3 of clause 15 of the present article are carried out during thirty days after the day of coming of the circumstances provided for by paragraph 1 of clause 15 of the present article.
17. Expenses for the PC formation as described by the present article are to be financed by means reserved in the federal budget for the PC activity’s support.
Article 9. The Bodies of the Public Chamber
1. At the first plenary session the members of the PC elect the PC Council and the PC Secretary. The PC Council is a permanent body of PC.
2. The PC has the right to form committees and working groups.
3. The PC committees can include only the PC members. The PC working groups of the PC can include the PC members, representatives of non-government organizations, and other citizens involved in the work of PC.
Article 10. Involvement of Non-government Organizations and Other Associations of the Citizens of the Russian Federation in PC’s Activities
PC can involve in its activity non-government organizations and other associations of the Russian Federation citizens that are not represented in the PC membership. The decision on participation of non-government organizations and other associations of the Russian Federation citizens in the PC activity is taken by the PC Council.
Article 11. Restrictions Related to Public Chamber Membership
1. The members of PC are bound to interrupt their membership in political parties for the integral period of accomplishment of their office within the PC.
2. Unification of PC members on the basis of national, religious, regional, or political party affiliation is not prohibited.
Article 12. Participation of the Public Chamber Members in Its Activity
1. The PC members personally participate in the plenary sessions of PC, PC Council, committees and working groups of the PC.
2. The PC members have the right to share their opinion freely on any issue liaised with the activity of PC, PC Council, committees and working groups of the PC.
3. The PC members are not bound by the non-government organizations` decisions while implementing their office within PC.
Article 13. Guarantees of the Activity of the Public Chamber Members
1. Any member of the PC is released by his/her employer from his/her service duties at the basic work place and his/her job is retained for the period of participation in the plenary session of PC, PC Council, committees and working groups of the PC, as well as for the period of office implementation stated by article 20 of the present Federal Law.
2. Any PC member is remunerated for all expenses related to the fulfillment of the PC member duties. The remuneration amounts to the sum of money defined by the current legislation or other regulatory act and is paid out of the federal budget.
3. Recall of the member of the PC is not allowed.
Article 14. Certificate of the Member of the Public Chamber of the Russian Federation
1. Any PC member receives a certificate of the member of the PC of the Russian Federation (henceforth referred to as Certificate), which is a document that confirms his/her authority. PC members are entitled to use their certificates during the period of their office.
2. The design and description of the certificate are approved by the PC
Article 15. Cessation and Suspension of the Office of a Public Chamber Member
1. The office of a PC member is ceased according to the procedure stated in the Regulations of the PC of the Russian Federation in the following cases:
1) Expiration of his/her commission;
2) Filing of a petition to be excluded from the membership of PC;
3) Health disabilities that do not allow the member in case to take part in the PC activity;
4) Coming into effect of convictions concerning the PC member in case;
5) Acknowledgment of his/her incapacity, missing or death on the basis of court decision that came into force;
6) Gross violation of Ethical Code acknowledged by the decision of not less than one-half of PC members taken at a plenary session of the PC;