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Monday, February 19, 2018

The first five years the veto of the President: opinion of Putin and Mizulina coincided

On 29 December the President vetoed adopted by the state Duma and the Federation Council approved the law on the establishment of an electronic database “students”, against the decision which was made by the parent public organization of the Orthodox-Patriotic sense. Last time before that Vladimir Putin has used its veto in 2012…

photo: Gennady Cherkasov

The opinion of President Putin coincided with the opinion of Senator Mizulina and the Orthodox community.

In 2000, after the appearance of a stable Pro-presidential majority, the frequency of application by the head of state the constitutional veto power has steadily decreased: in the third convocation (1999-2003), he vetoed the law 31 in the fourth (2003-2007) — 7, in the fifth (2007-2011) — 3, and the sixth (2011-2016) 1. For comparison: in the second convocation (1995-1999) President Yeltsin had vetoed 187 times… So the current event, the normal from the formal legal point of view, can be considered exceptional.

The law establishing the Federal interagency system of accounting for “Contingent” and similar systems in the regions was submitted to the Duma by the government in April 2016. It was developed by the Ministry of education and science under Dmitry Livanov — pursuant to the action plan of the government and one of the orders of the President, as stated in the explanatory Memorandum. The first hearing was held in June 2016, calling on Okhotny Ryad noisy discussions.

Passed a law in December already new Duma and the new Minister of education and science (Olga Vasilyeva). The second reading of the text is almost completely rewritten. The order of creation of databases, list of amendments in these data, the list of bodies entitled to access the information in these databases, and order processing this information, like many other important issues, was later to determine its regulations of the government. Make a single base was in 2022.

In the Federation Council, publicly opposed the law were only the Senator Elena Mizulina. She called it “unconstitutional and anti-family”, “grossly violates the constitutional right of citizens to inviolability of private life, personal and family secret”. “According to the Constitution rights of the citizen can be restricted only by Federal law, not regulations”, — she reminded.

Dismissing the Parliament adopted the law, Vladimir Putin has sent letters to the speakers of both houses of Parliament. He offers to finalize the document taking into account comments. Namely, a list of specific information contained in the “students” should be set by Federal law, and not by government decree, and the law should be “determined persons who have access to such information and their responsibility.” Ms. Mizulina now I’m glad that the opinion of the head of state coincided with her opinion…

In posted on the official website of the state Duma comments of the head of the Committee on education and science, Vyacheslav Nikonov (“ER”) also “welcomed” the President’s proposal. Mr. Nikonov recalled that the bill was intended to gather on a single platform the data about the students who now are on the websites of different educational institutions, and protect them. According to the Deputy, the state Duma will be held wide parliamentary hearings on the law, and its revision would require “very hard work”… “we will Not hurry — there is time,” said Mr. Nikonov.

The first Deputy head of the Committee on education and science Oleg Smolin (Communist party) in conversation with “MK” drew attention to the following facts: “the Presidential veto reflects the opinion of the Chief legal Department of the presidential Administration. With three other offices of the presidential Administration, the law was agreed upon. Initially, the list of information that should be included in this database, was supposed to prescribe in the law. But disagreement that it should set, and so I went the traditional route — the reference to the Law “On personal data” and normative acts of the government.” Mr. Smolin — the holding of parliamentary hearings, but he is concerned with substantive issues: “some experts believe that the establishment of such a database will lead to more bureaucratization of the education system, and some experts believe that the idea is correct, but I fear that in its implementation, at the mercy of the government, will work more harm than good.”


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