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Sunday, December 4, 2016

In the state Duma has accumulated 2000 zombie laws


It’s time to take stock of the work of the Duma… Us a legacy she left behind laws. And the next convocation — the famous so-called legislative portfolio of projects. There are about 2 thousand. In different ways they have got into this portfolio, they have different was the fate.

“MK” has decided to recall the initiatives that are NOT ACCEPTED. After all, some set aside only temporarily, before the election, and may become law in the fall.


photo: Alex geldings

4 of the bill lie on Okhotny Ryad for over 20 years (was made in 1994-1995). 16 bills — 17 years or more (made in 1995-1999).

8 wait for the verdict from the third convocation (1999-2003), 34 — fourth convocation (2003-2007), 105 — fifth convocation (2007-2011).

Those that come from the “dashing 90”, the real monuments of the era, and still unresolved, issues.

Send them to the scrap deputies the hand does not rise. Here, for example, adopted in the first reading in 1999, then opposition to the President (Yeltsin) and a lot of what you believed in the Kremlin, who imagines himself to the state Duma a bill on amendments to the Constitution: it proposes to Supplement the list of the powers of Parliament to create commissions to conduct parliamentary investigations, and the attendance at the Commission and submission of documents she announces “mandatory”. Three times (in 2005, in 2013 and in 2014, when the Parliament was not quite oppositional to the President (Putin), the relevant Committee on constitutional legislation prepared conclusion with the proposal to reject this bill and to forget about the heroic period in the history of the state Duma forever. Here, they say, was adopted in 2005 law “On parliamentary investigation” why, they say, now the correction… (the Law was indeed adopted. He makes an investigation virtually impossible without the consent of the highest authority, and it is the last time the consent was given in 2009 after the accident at the Sayano-Shushenskaya HPP.)

Another monument made by Boris Yeltsin to the draft law “On the procedure for adoption of Federal constitutional and Federal laws: it has not reached the first reading. Incidentally, at the beginning of this convocation, members of different expert councils in the state Duma had to say about what we need, desperately need to prescribe the law details the procedure of consideration of bills, because right now, its violation is only a violation of Duma rules of procedure, which of that pole, its requirements can be suddenly undone by a simple majority in the courtroom, and the court is not disputed. If such a law would “drag” their scheme through the Parliament and the Kremlin, and the government would be difficult, and on the final content of “anti-terrorism package” the company would learn not in day of voting in the second and third readings in the state Duma, and in advance.

Lately about the “law on the procedure for adoption of laws” on Okhotny Ryad again silent. Really, why in the house of the hanged man, but about the rope?

But among the later are the bills that “kill” somehow… uncomfortable.

Before the parliamentary elections in 2003, first reading was one called “On state guarantees of equal rights and freedoms of men and women and equal opportunities for their realization”, submitted by United Russia. In 2009-2011 the document was prepared for the second reading in the Committee on family, women and children, headed by Elena Mizulina, but it never took place. The stumbling block was the proposal to establish gender quotas when compiling their party lists for elections and the observance of the gender balance in senior government positions.

In the sixth convocation of the elephant in the room no one raised. Now the state Duma 63 deputies out of 450 women. In the last convocation they were 64.

By the way, to even consider lying for many years in the Duma portfolio of bills doomed still not worth it. “Sometimes they come back”, as in the eponymous horror film made in may 2009 with the signatures of a group of deputies from different factions project, which proposed to Supplement the criminal code with a new structure, the punishment for “assault on historical memory in relation to events that took place during the Second world war, was quietly waiting in the wings for 5 years and in the spring of 2014, in the midst of the “fight against fascism” in Ukraine came. Got the dust blown off and accepted. People are already attracted to.

WHEN THE SILENCE IS DEATH

Sometimes, bills are deliberately removed in a drawer — so it happens with those written on the actual issue, but to be accepted or can not because of costs or for political reasons. The hope of controlling the legislative process forces here that the time will pass, people will get used to the fact that previously seemed unacceptable and in need of correction, and will silently reject — no one will notice.

In the 4th convocation of the entire 7 subjects of the Russian Federation, Tomsk and Yaroslavl regions to Karachay-Cherkessia and Kalmykia, sent look like twins, the bills they proposed to pass at the Federal level the costs of provision of social support to the victims of Stalinist repression (which came into force in 2005, the law on monetization made this category of citizens by the regional beneficiaries). Two similar initiatives have been in the fifth convocation — from the Arkhangelsk and Kursk regions. None of them are considered not meaningful until now. In the sixth convocation of the subject regions is not raised…

Yes, the most reliable way to “bury” uncomfortable bill is to be silent about it. And in response to the question “why?” just shrug. Why still not reached the second reading and down movement since December 2013, a government bill designed to carry out the decisions of the constitutional court, which demanded to mitigate a number of requirements of the law “On meetings, rallies, demonstrations…”?

Smile. Shrug our shoulders. What can I say, if in the spring of 2012 was dictated by the Kremlin legislative fashion is the crackdown, and the bill, experts say, “not in trend”…

Was quietly “buried” and submitted in January 2016 by the deputies from the liberal democratic party a bill to waive the payment of wages and maintaining full social package until December 4, 2016 to the deputies of the current convocation who do not re-elect to the Duma or any other legislative elected body. Get the initiative to public debate in Committee or the conference room — the attention of the impoverished population, is responding to “parliamentary privileges”, it would be provided. And… Well, not yet. In the fall the train will leave, “Golden parachute” will be able to even become an MP in the last day of the plenary meeting 24 June spywares Danil Ivanov, and the bill will be quietly rejected.

Hope for life, “buried”, but not no longer relevant initiatives gives frequent reminders about them to the society. In 2008, a group of United Russia, spywares Tatiana Moskalkova (now Commissioner for human rights) and the Communist Alexander Kulikov proposed to change the order of the offset of the period of custody in determining the sentence. Instead of the current rule “one day of detention equals to one day of deprivation of freedom, regardless of, whether the court sentenced to prison, a penal colony or a colony-settlement and waited for the court whether the defendant is at home or in jail one day in jail is considered equal to one day in jail or a penal colony, one and a half days in a penal colony and to two days in a colony-settlement. The first reading of the bill waited through 7 years — as said in the Duma, “upstairs didn’t want before Khodorkovsky was released”. By 2015, Khodorkovsky has already pardoned. The government and the Supreme court sent the positive feedback…

But under house arrest was the main accused in the case “Oboronservis” Evgenia Vasilyeva, as well as the second reading was intended to prescribe that two days of house arrest equals one day of imprisonment if the law was passed, it would be so fast to freedom did not work!

Then the case Vasilyeva has become history, but before the second reading of the bill has not yet lived. The recent attempt of one of the authors, the head of Committee of the legislation Pavel Krasheninnikov (United Russia) to solve the problem by amendment to the law on decriminalization failed. As explained “MK” g-n Krasheninnikov, the opponents put forward the argument: “In the Penal code is the language that encourages a change in the regime for soft more than those who behave in the colony is good. Under the new order of classification of the time there would be a problem: those who are convicted of serious crimes to the big time and the hard mode content, could count for a reduced sentence because the court was sitting in jail for 2-3 years, and the incentive to behave they would disappear. But the government promised to develop it…” He is not losing hope.

Evil tongues assure that the bill does not become law, because every time somewhere “out there” begin to consider the timing of specific prisoners, which he does not want to release into the wild before…

BARREN OF THE TROUBLES OF

Among the bills that was first included in the plan of work of the Duma in June, but then was among migrated “to autumn”, there are those that become the victim of a complex process of coordination of interests of different groups. And this happens in the current Russian Parliament: trying to find a balance of interests.

One example is the so-called law on hostels, introduced in the fall of 2015, signed by 36 MPs from different factions and the Committee on housing and communal services almost at full strength, headed by Galina Khovanskaya (“CP”). The position of the authors stated in a conversation with “MK” Sergey Katasonov (LDPR): “In fact, the provision of hotel services in a residential multifamily apartment houses is a huge grey market for some reason he is not governed by those laws that govern business, and the Housing code. Grandmother, renting an apartment, pay 13% income tax, and the owners of the hostels in apartment houses pay nothing at all, and no checks where possible. Neighbors suffer from the noise, unsanitary conditions, forced to pay for a block of flats in a larger size…” the Bill proposes to allow to provide hotel services in residential apartment buildings only after their transfer to non-residential.

The public chamber sent a negative conclusion: the adoption of the bill “may result in growth of tension in society, affect the development of domestic and inbound tourism,” it says, among the potential victims are called Moscow, Petersburg, Crimea and the black sea coast of the Caucasus. OP experts believe that the bill does not allow to separate those providing hotel services in the apartments, who rents an apartment to rent.

The state Duma will forbid Russians to rent housing” — news under such headings can be seen in the Internet, when the bill, after much controversy and six postponements have been adopted in the first reading in may 2016. It is clear, why the Duma majority before the election changed his mind to accept it as a whole… “the Chief lobbyist of the owners of the hostels of the Minister of culture Vladimir Medinsky, whose office is responsible for the development of tourism. We are also supported by the GPU (State legal Directorate of the President of the Russian Federation. — “MK”), the head of the Ministry of construction Mikhail Men,” explains Mr. Katasonov.

Another victim of inability to reach consensus lies in the Duma portfolio since 2010. It is a bill “About responsible treatment of animals”, in which an attempt was made to set at the Federal level, the rules of keeping Pets, and home. The bill was introduced by a group of deputies, one of them was… Vladimir Medinsky. In the first reading the document was adopted in March 2011. To prepare for the second reading it failed so far. Head of the Committee on natural resources, nature management and ecology Vladimir Kashin (CPRF) in conversation with “MK” reason outlined: “It is the intransigence of the parties. The working group met ten times, but some are still willing to worship animals, despite the terrible events (the attack of stray dogs on people. — “MK”), others as much I hate animals. The average weighted position has not found support.”

Third-party influential forces that could lead to compromise (the government, for example), as if washed his hands in the process of working on little interest for them, the project did not intervene. But now, says the Committee, the working group reinforced by representatives of the presidential Administration, the summer work will continue…

Due to the fact that the Federal legislation says nothing about the rules of keeping of companion animals, this convocation was not finally adopted to reach the second reading the bill introduced by the Ivanovo regional Duma: it is proposed to introduce in the Code of administrative offences a new article and fine of 500-1000 rubles “for violation of rules of the maintenance of dogs and cats. That would be something the people rejoiced.

“IN ORDER NOT TO IRRITATE THE POPULATION…”

But it also happens that the bill with all it seems to be agreed, has had a long and thorough discussion, poslovne verified and pending.

The so-called law of sadists was prepared by the Ministry of justice, submitted to the Duma in may 2015, the government and immediately caused a strong reaction of the organizations involved in the protection of prisoners ‘ rights, Council on human rights under the President and the Commissioner for human rights in the Russian Federation. Their opinion was unequivocal: document unreasonably extends the application of physical force, special means and firearms, and hence the possibility of arbitrariness. In October last year, the project was adopted in the first reading — with a promise to create a working group with the participation of human rights defenders, representatives of law enforcement bodies, Ministry of justice, the office of the Commissioner for human rights, the presidential Administration and deputies and modify it for the second reading.

The group, led by Alexander Hinstein (United Russia) met several times for several hours. The result was the text, quickly make who recently asked in his letter to the leaders of the Duma the head of the HRC Mikhail Fedotov and a member of the HRC, the Chairman of the Committee for civil rights Andrei Babushkin, g-n Hinstein has informed on a press-conferences of the “ER” at the end of convocation. Maybe human rights activists, knowing that g-n Hinstein in the new Duma is not, feared that the bill will fall into other hands, and the result of months of work will be put under the knife?

But “the law of sadists” left on “after the elections”. One of the sources of the “MK” in the state Duma said that “in the President’s Administration was afraid that again there will be a scandal, because in addition to grandma and Fedotova, there are other human rights”.

Remains to believe that the power in this particular case, very afraid of the noise made by the defenders and is not afraid it in many other cases…

Among the bills that traditionally attract media attention — those that make changes in Chapter 12 of the code of administrative offences, which punishes violations of the Rules of the road. When suddenly out of one of the last plenary sessions vanished two projects on this topic, my first thought was this: “Before the election the people don’t want the extra stress”.

But it turns out this version is valid only in relation to one of the initiatives that were proposed to increase fines for illegal tinted glass in cars from 500 rubles to 1.5 thousand (at repeated infringement — 5 thousand rubles). The bill was discussed in the Committee on constitutional legislation more than a year, the text was perenositsya. “No complaints, the interior Ministry has prepared a positive opinion of the government, the GPU (State legal Directorate of the President of the Russian Federation. — “MK”) did not object”, — says “MK” one of the authors, Vyacheslav Lysakov (“ER”). But the election…

But the second of hovering initiatives, too, Deputy, but agreed with the interior Ministry about reducing the number of documents issued at the direction of the driver to medosvidetelstvovanie, — reached second reading, but this line has not overcome for another reason: the fact that the Ministry of health has prepared and sent to the Duma on behalf of the government amendments, which empower judges when sentencing drivers for “drunk driving” to impose on violators of the duty to undergo an examination by a psychiatrist-narcologist. The Committee on constitutional legislation, these amendments were rejected as violating the concept of the document and refused to reconsider its decision. In the end, the bill went on the shelf.

WHO NEEDS CODES?

Systematically to update the Civil code and adopt new Code of administrative offences of the current Duma failed. This is the most significant part of her inheritance.

Surround the law on amendments in the civil code was drafted during the presidency of Dmitry Medvedev, the jurist by profession. In the state Duma the fruit of years of work professionals came in April 2012. To make it easier to work with a very complex document, in the legislation Committee it was split into several parts and the same parts, taken.

President Putin is not a jurist, special attention to the new CC when the Kremlin is not paid, the work was moving slowly and was not completed until now.

After numerous and unsystematic amendments, the authorities have turned Cao in patchwork, patched-peremetnoe and still holey blanket ( only for the last year, adopted more than 40 laws amending this code), it was decided to write and adopt a new one. In the state Duma it has made, signed by deputies led by Vladimir Pligin (United Russia) and Vladimir Vasiliev (“United Russia”). It was assumed that at least in the first reading the draft will take until the end of this convocation, and in February and March at the site of the Committee on constitutional legislation nearly 20 workshops with the participation of developers and representatives of the concerned departments.

The document has caused much controversy. Business (RSPP, OPORA Rossii” and “Delovaya Rossiya”) criticized him for heavy fines and new punishments like the liquidation of a legal entity. The adversarial process in the administrative proceedings do not like the government. The subjects of the Federation was dissatisfied with how the authors distinguished between the authority to prosecute violators.

And the adoption of the Cao was postponed. Announcing this at the end of March, Mr. Pligin is assured that work will continue and a new calling will get ready not only the first but also the second reading (including all comments) text.

As reported by “MK” in the Committee on constitutional legislation, the work is really ongoing. We appreciate her unexpected reorganization of law enforcement bodies (abolition of the Federal migration service and Federal drug control service and the transfer of their functions to the interior Ministry. Take into account the recently adopted laws amending the existing administrative code: for example, one that extends the application of such punishment as a warning.

Who knows how much will be attentive to the result of this work a new composition of the Council and the relevant Committee?

…When digging in the Duma portfolio there is a stark contrast between the normal legislative work in some cases with the consultations, debates, working groups, discussions and demonstrative refusal to use Parliament to reconcile the interests of the other. How can we compare value and the potential impact of “anti-terrorist package” of draft legislation on medical examination, or even “the law of sadists”? But to present this package has been postponed until autumn due to the fact that no agreement was mediobasal impossible: if anyone who is there and agreed, not on a public site.

Not in the Duma.

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