Constitution of Russia

Constitution of Russia. The supreme law of the Russian Federation, it was adopted by national referendum on 12 December 1993 and came into force on 25 December, dissolving the Supreme Soviet of Russia and establishing the framework for the post-Soviet Union political system. The document defines Russia as a democratic, federative, law-based state with a republican form of government, enshrining the separation of powers and establishing a strong presidency. It succeeded the 1978 Constitution of the Russian Soviet Federative Socialist Republic and marked a decisive break from the communist legal tradition of the Russian Soviet Federative Socialist Republic.

History and adoption

The drafting process was precipitated by the intense political conflict between President Boris Yeltsin and the Supreme Soviet during the 1993 Russian constitutional crisis. Following the violent dissolution of the parliament in the storming of the White House, Yeltsin issued a decree for a constitutional referendum and elections to a new Federal Assembly. A constitutional assembly, convened earlier in 1993, had produced a draft that was substantially revised by Yeltsin's advisors, including Sergey Shakhray and Anatoly Sobchak. The final text was approved by 58.4% of voters in the 1993 Russian constitutional referendum, amidst criticism from the Communist Party of the Russian Federation and other opposition groups over the circumstances of its adoption and the extensive powers it granted to the presidency.

Structure and content

The document consists of a preamble and two sections. The first section contains nine chapters outlining fundamental principles, including the federal structure, the legal status of individuals and citizens under the European Convention on Human Rights, and the organization of state power. It establishes the President of Russia as the head of state with significant authority over the Government of Russia, led by the Prime Minister. The legislative branch is the bicameral Federal Assembly, comprising the Federation Council and the State Duma. The judicial system is headed by the Constitutional Court of Russia, the Supreme Court of Russia, and the Supreme Court of Arbitration of Russia (later merged into the Supreme Court of Russia). Key provisions also protect private property, freedom of speech, and multi-party democracy, drawing influence from French and German constitutional models.

Amendments and revisions

The procedure for change is deliberately rigid, requiring approval by both houses of the Federal Assembly and ratification by at least two-thirds of federal subjects. For decades, only minor amendments were made, such as those consolidating the Federal subjects of Russia in 2014. A major set of revisions was passed in 2020 following a national vote on constitutional amendments, initiated by President Vladimir Putin and supported by the United Russia party. These changes included resetting presidential term limits, affirming the precedence of Russian law over international law, and incorporating mentions of faith in God and the state language. The amendments were controversial, with critics like Alexei Navalny arguing they effectively enabled a presidency for life.

Constitutional Court and interpretation

The guardian of constitutional legality is the Constitutional Court of Russia, established in Saint Petersburg and later moved to Moscow. Its justices, appointed by the Federation Council on the nomination of the President of Russia, have the power to review the constitutionality of federal laws, presidential decrees, and treaties. Landmark rulings in its early years, under Chairmen Valery Zorkin and Mikhail Baglay, helped define the federal relations and separation of powers. However, its role and perceived independence have been subjects of debate, particularly following rulings that upheld actions such as the annexation of Crimea and the dissolution of the Yukos oil company, leading to criticism from the Venice Commission and international legal observers.

Role in the political system

It serves as the formal foundation for the political system, though its application is shaped by political practice. The strong presidency it created has been the dominant feature of the era under Boris Yeltsin, Vladimir Putin, and Dmitry Medvedev, often overshadowing the Federal Assembly and regional governments. While it guarantees a range of civil and political rights, their practical enforcement is frequently scrutinized by organizations like Amnesty International and Human Rights Watch. The document's provisions on federalism have been tested by conflicts such as the Chechen Wars and the centralizing policies of the Federal government of Russia. Ultimately, it represents both the legal aspirations of the post-Soviet Union transition and the framework for a system characterized by centralized executive power.

Russia Category:Government of Russia Category:1993 in law Category:1993 in Russia