Russian Constitution of 1993

Russian Constitution of 1993
Name	Constitution of the Russian Federation
Adopted	12 December 1993
Effective	25 December 1993
System	Semi-presidential
Branches	Executive, Legislative, Judicial
Chapters	Preamble and 9 sections
Location of document	Moscow

Russian Constitution of 1993 The 1993 Constitution of the Russian Federation established the post-Soviet legal order after the dissolution of the Soviet Union and the 1991 presidential election of Boris Yeltsin, superseding the 1978 Russian SFSR Constitution. Drafted amid the 1993 constitutional crisis involving the Supreme Soviet of Russia (1990–1993), the Congress of People's Deputies (Russia) and the Moscow siege of 1993, it created institutions including the President of Russia, the Federal Assembly (Russia), the Constitutional Court of Russia, and the Supreme Court of the Russian Federation to structure state power in the Russian Federation. The document has shaped relations among actors such as Sergei Kiriyenko, Viktor Chernomyrdin, Yegor Gaidar, and later Vladimir Putin, influencing events like the First Chechen War and the Second Chechen War.

Background and Adoption

Debate over a new constitution unfolded after the August 1991 coup attempt and the formal end of the Soviet Union in December 1991, amid reforms promoted by figures like Mikhail Gorbachev, Boris Yeltsin, and economists associated with "shock therapy", including Yegor Gaidar and Anatoly Chubais. The collapse of the Communist Party of the Soviet Union and clashes between the Executive Committee of the Congress of People's Deputies and the Russian Parliament (1990–1993) intensified a power struggle culminating in the 1993 standoff between Boris Yeltsin and parliamentary leaders Ruslan Khasbulatov and Rennat Akhmetov? (note: parliamentary leadership included Alexander Rutskoy). The crisis peaked with the shelling of the House of Soviets (Moscow) and international reactions from entities like the United States, the European Union, and the Organization for Security and Co-operation in Europe. A referendum held on 12 December 1993 ratified the new constitution, following the publication of a draft prepared by a constitutional commission with input from jurists associated with institutions such as Moscow State University and the Institute of State and Law of the Russian Academy of Sciences.

Structure and Content

The constitution opens with a Preamble and is organized into two main parts: the General Principles and Chapters, comprising sections on fundamental rights and federal structure, and provisions on federal bodies including the President of Russia, the Federal Assembly (Russia), the Government of Russia, and the judiciary including the Constitutional Court of Russia and the Supreme Court of the Russian Federation. It frames the Russian Federation as a federation of republics, territories such as Krasnodar Krai, oblasts like Moscow Oblast, autonomous okrugs such as Yamalo-Nenets Autonomous Okrug, and federal cities including Moscow and Saint Petersburg. The text delineates competencies among federal subjects and the federal center, referencing treaty mechanisms previously used in accords like the Treaty of Federation (1992) and regional power-sharing agreements such as those signed with Tatarstan and Bashkortostan.

Key Provisions and Rights

The constitution enumerates civil and political rights drawing on precedents from instruments debated in venues like the European Court of Human Rights and documents endorsed by the United Nations General Assembly, protecting freedoms including assembly invoked by groups such as Solidarnost and associations akin to Memorial (society). It guarantees private property and market rights central to privatization overseen by agencies like the Federal Commission for Securities Market and officials implicated in vouchers programs managed by ministries such as the Ministry of Finance of the Russian Federation. Social rights in the text interact with institutions like the Pension Fund of the Russian Federation and health services formerly administered by the Ministry of Health of the Russian Federation. The constitution defines state symbols used by the Federal Assembly (Russia), prescribes use of the Russian ruble under the Bank of Russia, and establishes procedures for declaring states of emergency involving organs like the Security Council of Russia and law enforcement such as the Ministry of Internal Affairs of the Russian Federation.

Amendment Procedure and Constitutional Review

Amendments require multiple stages involving the State Duma, the Federation Council (Russia), and potential approval by bodies of the federal subjects exemplified by the Constitutional Assembly proposals and regional legislatures in entities such as Chechnya and Sakha (Yakutia). The Constitutional Court of Russia reviews constitutionality of federal laws and presidential decrees and has adjudicated disputes involving presidents like Boris Yeltsin and Vladimir Putin as well as governmental acts by prime ministers including Viktor Chernomyrdin and Dmitry Medvedev. High-profile amendment debates intersected with political events such as the 2008 transition to Dmitry Medvedev as president and the 2020 constitutional amendments advanced by the Federal Assembly (Russia), which involved votes by the State Duma and the Federation Council (Russia), and were subject to scrutiny by international bodies like the Venice Commission.

Political Impact and Implementation

The constitution reshaped executive-legislative relations, enabling strong presidential authority exercised by officeholders including Boris Yeltsin, Vladimir Putin, and Dmitry Medvedev, and affecting appointments to bodies like the Central Election Commission of Russia and the Prosecutor General's Office of Russia. Its federal design influenced center–region dynamics with federal districts later overseen by Presidential Plenipotentiary Envoys such as Viktor Zubkov and Oleg Belaventsev, and shaped conflict responses in regions like Chechnya and policy toward neighbors such as Ukraine and Belarus. Implementation involved legal reforms impacting actors like the Armed Forces of the Russian Federation, the Federal Security Service (FSB), and law enforcement coordination with institutions such as the Investigative Committee of Russia.

Controversies and Criticism

Critics from groups like Yabloko (political party), commentators in outlets including Nezavisimaya Gazeta, and scholars at institutions such as the Higher School of Economics have argued the constitution concentrates power in the presidency, citing decisions by leaders like Vladimir Putin and disputes adjudicated by the Constitutional Court of Russia. Human rights organizations such as Amnesty International and Human Rights Watch have criticized implementation related to cases in Chechnya and measures affecting civil liberties scrutinized by the European Court of Human Rights. Debates persist about federalism following accords with regions like Tatarstan and moves to recentralize authority via presidential decrees and changes to the Electoral Code of the Russian Federation, provoking responses from foreign governments including the United States Department of State and the European Commission.

Category:Constitutions