Constitution of the Russian Federation
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| Constitution of the Russian Federation | |
|---|---|
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| Name | Constitution of the Russian Federation |
| Native name | Конституция Российской Федерации |
| Adopted | 1993 |
| Effective | 1993-12-25 |
| System | Semi-presidential republic |
| Branches | Executive; Legislative; Judicial |
| Amendments | 2020 |
| Document type | Constitution |
Constitution of the Russian Federation is the supreme law adopted in 1993 that defines the political framework of the Russian state and its institutions, replacing Soviet-era charters after the collapse of the Soviet Union, the Russian Soviet Federative Socialist Republic, and the dissolution processes involving the Belavezha Accords and the Commonwealth of Independent States. Its promulgation followed a 1993 constitutional crisis involving President Boris Yeltsin, the Supreme Soviet of Russia, and the Russian Armed Forces, producing a foundational legal text shaping relations among the presidency, the State Duma, and the Federation Council.
History and Drafting
The drafting process drew on models and actors such as the transitional administration of Boris Yeltsin, constitutional experts who had worked with the Constitutional Commission of Russia, advisers linked to the Goskomarkhitektura and legal scholars influenced by texts like the Basic Law of Germany, the French Fifth Republic constitution, and the United States Constitution; drafters included figures associated with the Russian Constitutional Conference and the Congress of People's Deputies. The 1991-1993 period saw clashes between reformers tied to Yegor Gaidar, parliamentarians from the Communist Party of the Russian Federation, and regional leaders such as those from Tatarstan and Chechnya, while events like the 1993 Russian constitutional crisis and the armed standoff at the White House (Moscow) accelerated ratification. A national referendum on 12 December 1993 followed the promulgation by presidential decree and produced contentious outcomes debated in forums including the Supreme Court of the Russian Federation and international bodies like the Organization for Security and Co-operation in Europe and the Council of Europe.
Structure and Fundamental Principles
The Constitution establishes a text divided into a Preamble and sections that articulate sovereignty and federal principles reflected in institutions such as the President of Russia, the Federal Assembly (Russia), and the Judicial system of Russia; it enshrines principles invoking state symbols like the Flag of Russia and the Coat of arms of Russia. It sets out foundational norms—supremacy of the constitution, separation of powers as practiced among the President of Russia, the Government of Russia (1991–present), and the courts including the Constitutional Court of Russia—and defines Russian citizenship procedures related to cases seen in the European Court of Human Rights and negotiations with entities such as Ukraine and Belarus. The document prescribes federal language policy in contexts concerning the Russian language and the languages of republics like Tatarstan and Bashkortostan.
Rights and Freedoms
The charter guarantees a catalog of civil and political rights that has been invoked in cases before the European Court of Human Rights, by activists associated with organizations like Memorial (society), journalists linked to outlets such as Novaya Gazeta and Kommersant, and opposition figures including Alexei Navalny and Mikhail Khodorkovsky. Provisions address property rights relevant to enterprises formerly part of Gazprom, Rosneft, and the post-privatization disputes that occurred in the 1990s; they also articulate labor and social protections cited by trade unions such as the All-Russian Confederation of Labour. The Constitution’s rights clauses intersect with criminal procedure disputes involving the Investigative Committee of Russia, high-profile prosecutions, and international human rights instruments like the European Convention on Human Rights.
Federal Structure and Territorial Organization
The charter defines the Russian Federation as composed of republics, krais, oblasts, cities of federal significance, autonomous oblasts, and autonomous okrugs, affecting entities such as the Republic of Tatarstan, the Chechen Republic, the Krasnodar Krai, and the Moscow Oblast; it frames power-sharing treaties that were negotiated in the 1990s with regions like Tatarstan and later administrative reorganizations involving Perm Krai and Zabaykalsky Krai. Federal jurisdiction interacts with cross-border issues involving Kaliningrad Oblast, security arrangements with the Collective Security Treaty Organization, and resource governance exemplified by disputes over Arctic territories referenced alongside actors such as Rosatom and Gazprom Neft.
Government Institutions and Separation of Powers
The constitutional text delineates the roles of the President of Russia and the Prime Minister of Russia, the legislative bicameral Federal Assembly (Russia)—consisting of the State Duma and the Federation Council—and the judiciary including the Supreme Court of Russia and the Constitutional Court of Russia. It outlines appointment procedures involving the Federation Council and presidential nominations confirmed by the State Duma, mechanisms seen in nominations of ministers and heads of agencies like the Central Bank of Russia. The Constitution structures checks and balances implicated in parliamentary actions by factions like United Russia and opposition formations such as A Just Russia and Yabloko during votes of confidence and interbranch disputes that have drawn attention from the Venice Commission and the European Court of Human Rights.
Amendment Procedure and Constitutional Court
Amendments require complex procedures including approval by supermajorities in the State Duma and the Federation Council and ratification by regional legislatures of the federation’s subjects; notable amendment campaigns culminated in the 2020 package associated with President Vladimir Putin and reviewed by legal scholars and bodies such as the Constitutional Court of Russia. The Constitutional Court serves as the arbiter of constitutionality and has delivered rulings affecting legislation from the State Duma and executive decrees, engaging with doctrines examined by jurists linked to institutions like Moscow State University and international comparisons to courts such as the Bundesverfassungsgericht.
Implementation and Influence on Russian Law
The Constitution functions as the supreme normative act shaping federal statutes like the Civil Code of the Russian Federation, the Criminal Code of Russia, and administrative laws enforced by agencies including the Ministry of Internal Affairs (Russia) and the Prosecutor General's Office. Its provisions have guided judicial practice in the Supreme Court of Russia and affected legislative initiatives by parties such as United Russia and policy reforms in areas involving state corporations like Sberbank and regulatory bodies such as the Federal Security Service (FSB). The charter’s interplay with international obligations has produced cases before the European Court of Human Rights and debates in forums including the UN Human Rights Committee and the Council of Europe.