Russian Constitution

Russian Constitution. The supreme law of the Russian Federation, it was adopted by national referendum on 12 December 1993, establishing the country's political framework after the dissolution of the Soviet Union. It defines Russia as a democratic, federative, law-based state with a republican form of government, enshrining the separation of powers and the primacy of international law. The document guarantees a broad catalogue of rights and freedoms and serves as the legal foundation for the operations of the President of Russia, the Federal Assembly, and the Government of Russia.

History

The current document emerged from a period of intense political conflict between President Boris Yeltsin and the Supreme Soviet, culminating in the 1993 Russian constitutional crisis and the shelling of the parliament building. A constitutional assembly, convened by Yeltsin, drafted the text to replace the 1978 RSFSR Constitution, which was heavily amended during the Perestroika era. The referendum, held alongside elections for the State Duma, was endorsed by a majority of voters, though turnout and fairness were contested by opponents like the Communist Party of the Russian Federation. This foundational event marked a decisive shift from the Soviet model, influenced by Western constitutional principles and consultations with experts like Anatoly Sobchak.

Structure and content

The document consists of a preamble and two sections, containing 137 articles organized into nine chapters. The first chapter outlines the fundamentals of the constitutional system, affirming the sovereignty of the Russian Federation, its federal structure, and the separation of powers among the President of Russia, the Federal Assembly (comprising the State Duma and the Federation Council), and the courts. A comprehensive second chapter details the rights and freedoms of man and citizen, drawing from the Universal Declaration of Human Rights and the European Convention on Human Rights. Subsequent chapters define the jurisdiction of federal and regional authorities, the appointment process for the Government of Russia led by the Prime Minister of Russia, and the structure of the Judicial system of Russia, including the Supreme Court of the Russian Federation.

Amendments

The procedure for change is deliberately rigid, requiring approval by both chambers of the Federal Assembly and ratification by at least two-thirds of Russia's regions. Significant amendments were made in 2008, extending the terms of the President of Russia and the State Duma, and in 2014 following the Annexation of Crimea by the Russian Federation. The most extensive revisions occurred in 2020, approved by a nationwide vote, which introduced changes like the "nullification" of presidential terms, reinforced traditional values, and affirmed the precedence of Russian law over international court decisions. A further amendment in 2024 formally integrated the territories of the Donetsk People's Republic and Luhansk People's Republic.

Constitutional Court

The Constitutional Court of Russia, headquartered in Saint Petersburg, is the supreme judicial body for constitutional review. Its 19 judges, appointed by the Federation Council on the proposal of the President of Russia, rule on the conformity of federal laws, presidential decrees, and regional statutes. The court also resolves disputes over competence between state bodies, interprets provisions upon request from institutions like the State Duma, and reviews complaints alleging violations of constitutional rights. Its jurisprudence has addressed issues ranging from the legality of the Belovezh Accords to the implementation of rulings from the European Court of Human Rights.

Implementation and challenges

While establishing a formal framework for democracy, its application has been shaped by political practice, often characterized as "managed democracy" or "Sovereign democracy." Critics, including organizations like Memorial and Amnesty International, argue that guarantees of assembly, speech, and press have been constrained by laws such as those on "foreign agents" and "undesirable organizations." The 2020 amendments, alongside events like the 2022 Russian invasion of Ukraine and the suppression of opposition figures like Alexei Navalny, have intensified debates about the balance of power, federalism, and the durability of the post-Soviet constitutional order.

Category:Russian Constitution Category:1993 in law Category:1993 in Russia