Constitution of Russia

Constitution of Russia
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Name	Constitution of the Russian Federation
Promulgated	1993
Adopted	12 December 1993
Effective	25 December 1993
System	Semi-presidential system
Articles	137
Language	Russian

Constitution of Russia

The Constitution of Russia is the supreme law of the Russian Federation, establishing the legal foundation for the presidency, the Federal Assembly, the Government, the Constitutional Court, and the structure of the federation. Drafted and approved following the 1991 dissolution of the Soviet Union and the 1993 constitutional crisis, it replaced the 1978 RSFSR Constitution and reorganized relations among federal centers, republics, krais, oblasts, and autonomous districts.

History and Adoption

The constitution emerged from constitutional reform debates involving figures and institutions such as Boris Yeltsin, the Supreme Soviet, the Congress of People's Deputies, and the Council of Europe's constitutional practice. The 1993 standoff between the president and the parliament climaxed with the shelling of the House of the Soviets and dissolution of the Supreme Soviet, producing a new draft prepared by jurists and politicians influenced by models from the United States Constitution, the German Basic Law, and the French Fifth Republic. A national referendum on 12 December 1993 confirmed adoption amid criticism from parties such as the Communist Party of the Russian Federation and international observers like OSCE. Subsequent legal debates involved scholars from the Moscow State University law faculty, practitioners from the Supreme Court of Russia, and policymakers in the State Duma and Federation Council.

Structure and Principles

The constitution organizes nine chapters and 137 articles defining the state as a democratic federative, rule-of-law entity with a presidential system, influenced by comparative texts like the United States Bill of Rights and the European Convention on Human Rights. It enumerates separation of powers among the President of Russia, the State Duma, the Federation Council, and judicial bodies including the Constitutional Court of the Russian Federation, the Supreme Court, and arbitration courts. Core principles reference sovereignty of the federation, federalism among subjects such as Tatarstan and Krasnodar Krai, rule of law doctrines debated at institutions like the Council of Europe and the Venice Commission, and provisions on citizenship tied to migrations after the Dissolution of the Soviet Union.

Fundamental Rights and Freedoms

The constitutional bill of rights protects personal, political, social, and economic liberties referred to in instruments like the Universal Declaration of Human Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights. It guarantees rights including freedom of speech and association often litigated before the European Court of Human Rights by claimants from regions such as Chechnya and litigants against bodies such as the FSB. Provisions on property and labor influenced disputes involving Gazprom, Rosneft, and privatization episodes of the 1990s addressed by actors like the Accounts Chamber of Russia. Rights to regional cultural autonomy have been invoked by republics such as Bashkortostan and Chechnya in tensions over language laws and regional constitutions.

Federal Structure and Government Bodies

The constitution delineates the composition and powers of federal organs: the President of Russia as head of state, the Prime Minister of Russia leading the Government, the bicameral legislature composed of the State Duma and the Federation Council, and the judiciary anchored by the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. It sets federal-subject relations involving entities such as Moscow, Saint Petersburg, Tatarstan, and Chukotka and procedural rules for state of emergency, martial law, and territorial integrity invoked during crises like the Second Chechen War. Institutional checks involve appointments and confirmations by bodies including the State Duma, Federation Council, and presidential decrees debated in venues like the European Court of Human Rights.

Constitutional Amendments and Interpretation

Amendment procedures require supermajorities in the State Duma and approval by regional legislatures of subjects such as Republic of Tatarstan and Sakha Republic; some changes demand a constitutional assembly and popular referendum. Major amendment episodes include the 2008 presidential term changes debated by the United Russia party and the 2020 package of amendments involving figures such as Vladimir Putin, the Constitutional Court, and regional parliaments. Constitutional interpretation is administered by the Constitutional Court of the Russian Federation, referencing jurisprudence in comparison with courts like the Federal Constitutional Court (Germany) and decisions of the European Court of Human Rights in cases brought by NGOs including Human Rights Watch and Amnesty International.

Implementation and Impact on Russian Law

The constitution asserts supremacy over federal statutes and regional constitutions, affecting legislation passed by the State Duma and enforcement by ministries such as the Ministry of Justice (Russia). It shaped post‑Soviet reforms including privatization, tax law, and administrative practice involving enterprises like Gazprom and Sberbank, and influenced legal controversies adjudicated by the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. International legal interactions include treaty-making and disputes before bodies such as the European Court of Human Rights and multilateral organizations like the United Nations. Ongoing debates among scholars from Higher School of Economics (Russia) and Moscow State University concern constitutionalism, federal balance, and human rights protection in light of legislative acts and executive practice.

Category:Law of Russia