Alexey Kudrin will leave according to the Constitution – Newspaper Kommersant No. 222 (7423) dated 11/30/2022
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At the plenary session of the Federation Council on Wednesday, Alexei Kudrin will be relieved of his post as head of the Accounts Chamber (CA). For the first time, senators will accept the resignation of the chairman of the supervisory body, since before the reform of the 2020 Constitution, the appointment and dismissal of the head of the joint venture was within the powers of the State Duma. But as to how Mr. Kudrin’s successor will be approved, there is no complete clarity yet. Under the old law, the Duma factions proposed to the president at least three candidates for this position, from which he chose one and put it to the vote. But the legislators have not yet had time to “mirror” this norm to the upper chamber, therefore, before the adoption of the relevant amendments, the president will have to decide this personnel issue alone.
On the morning of November 29, Alexei Kudrin announced his resignation, which had been discussed in the media and social networks since the end of last week. “In total, I spent about 25 years in the public sector. Now I would like to focus on large projects that are related to the development of private initiatives in the broadest sense, but at the same time have a significant effect on people,” he wrote in his Telegram channel.- Therefore, I am leaving the post of chairman of the Accounts Chamber, about which I submitted a corresponding application to the president of the Russian Federation in the prescribed manner. Immediately after that, Vladimir Putin submitted a proposal to dismiss Alexei Kudrin from his post to the Federation Council, where he was promptly considered and recommended to be supported by the Committee on Budget and Finance.
Officially, Mr. Kudrin will be stripped of his powers at the plenary session of the Federation Council on November 30th.
But for this, the senators will first have to amend their regulations, Vyacheslav Timchenko, head of the Federation Council committee on regulations and organization of parliamentary activities, told Kommersant. “They concern both the early termination of the powers of the chairman of the joint venture, and the procedure for considering a candidate submitted by the president to empower the chairman of the joint venture,” the senator explained.
According to these amendments, after receiving a presentation from the head of state, the relevant budget committee should consider the presidential candidacy and prepare its opinion. The final decision is made by secret ballot at the plenary meeting, which must take place within a month after the submission of the submission. The resignation of the head of the joint venture is also considered on the proposal of the president.
Recall that, according to the amendments to the Constitution adopted in 2020, the Federation Council and the State Duma “exchanged” powers to appoint and dismiss the chairman and deputy chairman of the joint venture. If earlier the head of the control body was approved by the State Duma, and his deputy – by the Federation Council, now everything will be the other way around. At the same time, the procedure for these appointments, which is described in detail in the federal law “On the Accounts Chamber”, has not yet been brought into line with the updated Constitution. In December 2021, the president submitted a bill to the State Duma, which proposes to maintain the previous appointment procedure, simply by swapping the two chambers in the text. According to the draft, the council of the upper chamber, on the proposals of the committees, sends the president at least three candidates for the post of head of the joint venture, from which the head of state selects one and submits it for approval by the senators. If no candidate satisfies the president, he has the right to propose his own.
However, this bill only passed the first reading in the Duma at the end of May. Therefore, despite the “castling” implied by the new edition, the senators decided that at the moment a new head of the joint venture can be appointed only on the direct proposal of the president.
“The only legislative act that regulates the appointment of the head of the joint venture is the Constitution. When the amendments to the law “On the Accounts Chamber” are adopted, then we will make an adjustment to the regulations, ”Vyacheslav Timchenko explained to Kommersant.
According to him, even if the State Duma adopts the bill in an accelerated mode, the “transitional” procedure for appointing the head of the joint venture will remain at least until the next plenary meeting of the Federation Council on December 14. The last “plenary meeting” of the upper house this year is scheduled for December 23, but it is still unknown whether the president will nominate Alexei Kudrin as a replacement by that time. “When the President decides, we will work according to the Constitution,” Mr. Timchenko summed up.
So far, the variant proposed by the senators with the sole nomination by the president of the candidacy of the new head of the joint venture looks the most likely, since the State Duma does not seem to intend to rush to adopt the updated law. Oleg Morozov, chairman of the relevant control committee, told Kommersant that this project was not on the Duma’s agenda for December. According to him, the document is still being discussed, as “participants in the legislative process” have different points of view on some issues. A source close to the leadership of the Duma also says that there is no rush to adopt these amendments now.
The very legal situation around the change of the head of the joint venture shows that the resignation of Alexei Kudrin was not planned.
It is unlikely that it has anything to do with the activities of the chamber itself: perhaps the only major limitation that changed the nature of the current work of the joint venture was the reduction in opportunities for the development of international relations, to which Alexei Kudrin attached quite a lot of importance. Recall, since October 2022, the possibility of Mr. Kudrin taking a post (presumably chairman of the board of directors) in the Russian part of Yandex was discussed when the company was divided into Russian and international parts. Although Alexei Kudrin had the opportunity to take such a post in a Russian legal entity without resigning. Therefore, the current situation can now be judged only by the statement of Mr. Kudrin himself: the reasons for his intention to leave the civil service before the end of 2022 are not directly indicated in it, but they are very easy to assume.
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