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Procedures of Moscow City Duma
To Resolution of
Moscow City Duma
No. 320 of November 16, 2005
OF THE MOSCOW CITY DUMA
Chapter 1. GENERAL PROVISIONS
These Procedures state the order of activities, basic rules and procedures of work of the Moscow City Duma (hereinafter the Duma)…
Chapter 2. MEETINGS OF THE DUMA
Article 2. Execution of Duma Authorities
1. Pursuant to the Charter of the city of Moscow the Duma performs its authorities at the meetings…
4. The meetings of the Duma are convened openly. The meeting following the procedure set forth in these Procedures may consider any matter referred to the Duma competence and take decision in accordance with these Procedures…
Article 3. Presence at the Duma Meetings
1. The following persons may be present in the meeting hall during an open session of the Duma: officials of the Office of the Mayor and the Government of Moscow, executive authorities of the city of Moscow, regular assistants (advisers) to deputies facilitating deputy’s work at the meeting, civil servants holding positions in the public civil service of the city of Moscow in the Duma Office facilitating the holding of the meeting, members of delegations which are on an official visit in the Duma, members of the Public Chamber of the city of Moscow to participate in the Council session, the Commissioner for human rights in Moscow (when considering the protection of the rights and freedoms of humans and citizens), other persons invited at the meeting for the consideration of a specific agenda item.
3. The personal workplaces in the meeting hall are reserved for the meeting participants: deputies of Duma, Mayor of Moscow, authorized representative of the Mayor of Moscow in the Moscow City Duma (hereinafter the Authorized Representative of the Mayor of Moscow), Chairman of the Moscow City Court, Chairman of the Arbitration Court of the City of Moscow, Chairman of the Statutory Court of the City of Moscow, Prosecutor of the City of Moscow, member of the Federation Council of the Federal Assembly of the Russian Federation – representative from the Moscow City Duma in the Federation Council of the Federal Assembly of the Russian Federation.
4. The persons present at the meeting shall not take the workplaces of the Duma deputies in the meeting hall.
5. It is forbidden to enter the meeting hall of the Duma with weapons, sound-amplifying equipment and devices, as well as to use mobile communication devices for conversation during a meeting.
Article 5. Broadcasting of the Duma Meetings
1. During open meetings of the Duma the wire broadcasting in service rooms of the Duma, video broadcasting in the lobby of the meeting hall and on the official Internet site of the Duma shall be ensured.
Article 6.1. Features of the Duma sessions in the remote mode
During the period of the establishment on the Moscow territory of a high alert regime, an emergency regime, restrictive measures (quarantine), a state of emergency or martial law in order to consider issues, draft documents requiring urgent consideration by the Duma, in accordance with the protocol decision of the Duma, the decision of the Duma commission for work organization or by the decision of the Duma Chairman, sessions of the Duma can be held remotely using videoconferencing and the Duma information management system.
Article 7. Presiding Person at the Duma Meeting
1. The chairman shall preside at the Duma meeting. The presiding person at the meeting shall be the Chairman of the Duma by his position. In his absence one of the deputies of the Duma Chairman shall preside at the meeting and in their absence – some other deputy (not withdrawn his candidacy) who was entrusted to do so by the Duma Chairman, his deputy or by the Duma based on a respective decision fixed in a protocol.
2. During a meeting the Duma Chairman (or its deputy), if necessary, may transfer his presiding functions at the meeting before its end to some other deputy without voting and may at any time continue presiding at a meeting.
3. The presiding person at the meeting shall transfer his presiding functions during consideration of a matter for which he is a reporter or a co-reporter.
4. The Chairman of the Duma (his deputy) shall transfer the presiding functions at the meeting during consideration of the matter on election to the office or dismissal from the office, respectively, of the Chairman (or his deputy)…
Article 10. First Meeting of the Duma of New Convocation
The Duma of the new convocation shall held its first meeting in an order set forth in the Charter of the city of Moscow…
Article 13. Rights of the Duma Deputy at the Duma Meeting
1. As set forth in these Procedures the Duma deputy at its meetings may:
1) elect and be elected to the Duma bodies, propose candidates, including his own candidacy, to these bodies, file objections to candidates;
2) make proposals on the agenda, on the rules of order;
3) make amendments in the draft documents;
4) participate in discussions, ask questions to a reporter/co-reporter, speak on the motives of voting (before voting);
5) require voting of its proposals;
6) require repeated voting in cases when the breaching of the voting rules and mistakes of automated system were objectively determined;
7) express his opinion on the personal composition of the bodies to be created or created by the Duma and candidates of officials elected, appointed or approved by the Duma;
8) make proposals on hearing at the Duma meeting of the report or information of any person or official controlled by the Duma;
9) make proposals on the need to conduct checks of the issues of the Duma competence;
10) make proposals on development of the draft document of the Duma, on changing the effective documents;
11) announce applications being of public significance;
12) exercise other rights provided thereto by the legislation and these Procedures;
13) obtain any information about the Office of the Duma and its activities;
14) if necessary, vote with its voting card from the workplace of other deputy or from the rostrum in the meeting hall;
15) submit deputy inquiries…
Article 14. Obligations of the Duma Deputy at the Meeting
1. At the meeting the Duma deputy shall:
1) register at each meeting and participate in the Duma meeting;
2) comply with these Procedures and Agenda, perform the lawful requirements of the presiding person at the meeting…
4) in speeches or questions try to avoid personal addresses to those present at the meeting, except a reporter/co-reporter and presiding person at the meeting;
5) avoid using in speeches or questions any low insulting words damaging the honor and dignity of deputies and other persons, calls for unlawful actions, using of knowingly false facts, assessments of the meeting participants and their statements, unjustified accusations to anybody’s address…
Chapter 3. KINDS AND PECULIARITIES OF THE DOCUMENTS
ADOPTED BY THE DUMA
Article 24. Kinds of Documents Adopted by the Duma
The Duma adopts by voting the following documents:
1) laws of the city of Moscow (regulatory legal acts of the city of Moscow of supreme judicial force);
2) resolutions of the Duma on the decisions of the organizational-instructive nature on the issues referred by the Constitution of the Russian Federation, federal laws to the authority of the legislative (representative) bodies of state power of subjects of the Russian Federation and also on the issues referred by the Charter of the City of Moscow and other laws of the city of Moscow to the Duma authorities;
3) statements of the Duma (non-regulatory acts expressing the Duma position on the issues not referring to organization of its work);
4) addresses of the Duma (acts containing proposals, recommendations, calls, etc. addressed to particular persons and/or bodies)…
Chapter 6. PROCEDURE OF DRAFT DOCUMENT CONSIDERATION
Article 46. Preliminary Discussion of the Draft Law of the City of Moscow, Draft Resolution of the Duma
1. Prior to the consideration of the Moscow draft law, the Duma draft resolution, on the Duma session, their preliminary discussion is carried out by a specialized commission, and a preliminary discussion by other commissions and working groups, factions, and other permanent deputy unions may also be held.
Article 69. Adoption of the Law of the City of Moscow, Resolution, Address, Declaration of the Duma
1. The laws of the city of Moscow and resolutions of the Duma shall be passed in an order set forth in Articles 13 and 14 of Law of the City of Moscow No. 70 of December 14, 2001 “On Laws of the City of Moscow and Resolutions of the Moscow City Duma”…
3. Prior to voting on adoption of the law of the city of Moscow, resolution, address, declaration of the Duma before filling the roll-call form the speeches on the voting motives are heard according to the procedure established by Article 61 of these Regulations.
4. The law of the city of Moscow within the term set forth in the Charter of the City of Moscow shall be directed to the Mayor of Moscow for signing and making public.
5. Resolutions, addresses and declarations of the Duma shall be signed by the Duma Chairman…
Article 69.2. Participation in the Duma Meetings of Political Parties not Presented in the Duma
1. Pursuant to the federal legislation the representatives of the political parties not presented in the Moscow City Duma may at least once a year participate in the meetings of the Duma during discussion of draft laws of the city of Moscow…
3. Invitations to political parties for participation of their representatives in the Duma meetings shall be sent by the Duma Chairman at least within one week prior to the meeting date. From each political party not presented in the Duma one representative authorized by a collective permanently operating governing body of the respective party or its regional division acting in the territory of the city of Moscow, unless this is provided for in the charter of a party, may take part in the Duma meeting…
Article 70. Access to the Information on Voting
All voting results are entered into the database of the electronic system supporting the legislative activities of the Duma. The Office of the Duma conducts statistical analysis of the voting results, transfer the obtained results to the official publications of the Duma for making public and provides the voting results to the deputies.
Chapter 8. DEPUTY WORK IN THE DUMA
Article 104. Interaction of Deputies
Interaction of deputies is realized on the principles of equality, inadmissibility of subordination relationships.
Article 105. Reception of Citizens, Work with People’s Applications…
1. Faction, deputy (in the way adopted individually or as adopted in the Duma) organizes reception of citizens, work within its competence with the people’s applications…
Chapter 9. VOLUNTARY DEPUTY UNIONS
Article 108. Right of Deputies to Formation of Deputy Unions
1. Deputies of the Duma are entitled to form voluntary deputy unions – factions, blocks, clubs, other associations based on their free will…
3. The internal activities of the deputy unions are organized at their own discretion according to the Federal legislation, the Articles of Association and Laws of Moscow, as well as the provisions of these Regulations.
4. Deputy unions are informed by the Duma Chairman about its decisions…
Chapter 10. COMMISSIONS AND WORKING GROUPS IN THE DUMA
Article 114. Establishment of Commissions and Working Groups
The Duma is entitled to establish commissions and working groups. The number of the commission members is determined by the Duma and may not be less than five and more than 15 Duma deputies, except for the Commission for Procedural Organization of the Duma. The commission structure is to be approved by the Duma, any changes of the commission structure shall be made by the Duma. A Duma deputy may not be a member of more than three commissions. Duma deputies participate in the work of commissions (working groups) taking into account deputies’ willingness in compliance with these Regulations and resolutions regulating activity of commissions (working groups) adopted by the Duma.
Chapter 11. CHAIRMAN OF THE DUMA, DEPUTIES OF THE DUMA CHAIRMAN
Article 118. Election of the Duma Chairman and Its Deputies
1. The Chairman of the Duma and Duma deputies are elected for the term of Duma powers and perform deputy’s activity on a permanent professional basis.
2. Deputies of the Duma Chairman are elected after election of the Duma Chairman…
3. The Chairman of the Duma and its deputies are elected by the Duma out of the deputies by secret balloting by the majority voting of the given number of the Duma deputies…
Article 119. Functions of the Duma Chairman
The Chairman of the Duma:
1) presides at the Duma meetings and is responsible for their preparation;
2) signs resolutions, applications, statements of the Duma, has the right to sign the letterheads of the Duma;
3) convenes the extraordinary meetings of the Duma;
4) provides for exercise of the rights of deputies at the meetings;
5) signs on behalf of the Duma the statements of claim directed to courts on the basis of Duma protocol resolutions;
6) performs the representation functions;
7) submits for consideration of the Duma the candidates to the position of a member of the Federation Council – representative from the Moscow City Duma, Head of the Duma Office;
9) gives orders to the deputies of the Duma Chairman, to the heads of structural divisions of the Duma, Deputy Associations, Head of the Duma Office on issues related to his competence;
10) heads the commission on organization of Duma activities;
11) directs the official correspondence and applications of citizens received by the Duma to the deputies, heads of structural divisions and Chief of the Duma Office for consideration.
Article 120. Functions of the Duma Chairman Deputies
1. The deputies of the Duma Chairman:
1) on an order from the Duma Chairman perform the functions of the Duma Chairman in his absence;
2) on an order from the Duma Chairman preside at the Duma meetings;
3) fulfil other orders from the Duma Chairman given within its competence;
4) fulfil orders from the Duma;
5) are deputies of the chairman of the commission on organization of Duma activities;
6) perform other functions set forth in these Procedures.
2. The number of deputies of the Duma Chairman are determined in the special resolution of the Duma…
Chapter 12. OFFICEES OF THE DUMA
Article 122. Functions of the Officees of the Duma
The Duma activities are supported by the state body – Office of the Duma. The function of the Duma Office is to ensure the organizational, legal, documentary, analytical, information, financial, procurement and social-utility support of activities of the Duma, its structural divisions and deputies, to facilitate performance of their authorities…
Chapter 13. COMPLIANCE WITH THESE PROCEDURES AND
RESPONSIBILITY FOR THEIR BREACH
Article 126. Control of Compliance with These Procedures and Consequences of Their Breach
1. The decisions taken in violation of these Procedures shall be void from the time of their adoption.
2. The control of compliance with these Procedures of the Duma is entrusted to the Chairman of the Duma and Commission on Procedures, Rules and Codes. The control of compliance with the Procedures during meetings of the Duma is entrusted to the chairman of a meeting…
Information Analytical Department
Moscow City Duma
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