Eleanor Finch
Russia has a written constitution, which came into force on 25 December 1993, and was revised in 2014. The constitution outlines the 'Fundamentals of the Constitutional Structure', declaring Russia to be a ''democratic federal law-bound state with a republican form of government'. The document also includes provisions for judicial immunity, lifetime appointments for justices, and the supremacy of the courts to administer justice. However, critics have argued that the constitution has enabled a system of centralised power in the office of the president, leading to a form of 'Putinism without Putin'.
| Characteristics | Values |
|---|---|
| Name | Constitution of the Russian Federation |
| Date of adoption | 12 December 1993 |
| Date of enactment | 25 December 1993 |
| Latest significant reform | 2020 |
| Type of government | Democratic federative law-governed state with a republican form of government |
| Power structure | Crown-presidentialism |
| Rights | Freedom of speech, movement, conscience, right to life, housing, and a pension |
| Judicial system | Supremacy of the courts to administer justice, judicial immunity, lifetime appointments/"irremovable" justices |
| Federal laws | Adopted by a majority vote in the State Duma |
| Amendments | Annexation of the Donetsk People's Republic, Kherson Oblast, Luhansk People's Republic, and Zaporizhzhia Oblast in 2022 |
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What You'll Learn
The Russian Federation Constitution of 1993
Russia does have a written constitution, and it came into force on 25 December 1993, at the moment of its official publication. The Constitution of the Russian Federation replaced the previous Soviet-era Constitution of 12 April 1978, which had been amended in April 1992 to reflect the dissolution of the Soviet Union and the sovereignty of the Russian Federation. The 1993 Constitution is one of the longest-standing constitutions in Russian history, second only to the Soviet Union's 1936 Constitution, which was in effect until 1977.
The Constitution of the Russian Federation and federal laws have supremacy on the entire territory of the Russian Federation. The Russian Federation consists of republics, krays, oblasts, cities of federal significance, an autonomous oblast, and autonomous okrugs, which have equal rights as constituent entities of the Russian Federation. A republic has its own constitution and legislation, while a kray, oblast, city of federal significance, autonomous oblast, and autonomous okrug have their own charters and legislation.
The Russian Constitution of 1993 provides for human rights and freedoms of citizens according to the universally recognised principles and norms of international law, as well as those listed in the Constitution. It specifies that the President is the Russian head of state, setting domestic and foreign policy, and representing Russia both within the country and internationally. While the original constitution stipulated a four-year term and a maximum of two terms in succession, the current constitution decrees a six-year term. The Constitution also provides for judicial immunity, lifetime appointments, and the supremacy of the courts to administer justice.
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Amendments to the constitution
The Russian Federation has a written constitution, which was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, with extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international law.
2020 Amendments to the Constitution
In 2020, 41 articles of the constitution were rewritten, and five more were added. The amendments focused on how power is distributed between the branches of the government, moving away from the super-presidential system that was established in 1993. The changes created a new system based on the principle of checks and balances.
Presidential Terms
One of the key amendments was the removal of the "in a row" clause from the article regulating the maximum number of presidential terms. This nullified the number of presidential terms previously served by Vladimir Putin, allowing him to serve two further terms and run for re-election in 2024.
Russian Law and International Law
The amendments also asserted the supremacy of the Russian Constitution over international law. This meant that the Russian Constitution and federal laws have supremacy over any international laws or treaties.
State Duma's Role in Appointments
Another change was the expansion of the State Duma's (lower house of Parliament) role in approving appointments. The State Duma was granted the right to approve the Prime Minister's candidacy, as well as the candidates for Deputy Prime Ministers and Federal Ministers. The President is required to appoint the individuals approved by the State Duma and cannot refuse their appointment, except in certain cases.
Annexation of Territories
In 2022, following the invasion of Ukraine, the text of the constitution was updated to include the Donetsk People's Republic, Kherson Oblast, Luhansk People's Republic, and Zaporizhzhia Oblast. However, as of December 2022, none of these territories are fully controlled by Russian forces, and the borders remain undefined.
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Centralised power in the office of the president
The Russian Federation's Constitution of 1993, which came into force on 25 December 1993, establishes a semi-presidential system that separates the president of Russia from the government of Russia, which exercises executive power. The constitution divides power into three branches: legislative, executive, and judicial. The president is responsible for ensuring the concerted functioning and interaction of all bodies of state power, including the legislative, executive, and judicial branches.
The constitution grants the president of Russia extensive powers, including the right to submit draft legislation, sign federal draft legislation into law, or veto it. The president also has the power to suspend laws and regulations issued by executive bodies of Russia's constituent territories if they contravene the constitution, federal laws, or international obligations of the Russian Federation, or violate human and civil rights and liberties. The president is responsible for executing federal law, appointing federal ministers, members of the judiciary, and negotiating treaties with foreign powers. They also have the power to grant federal pardons and reprieves and to convene and adjourn the Federal Assembly in extraordinary circumstances.
The president plays a crucial role in the judicial branch, as they appoint federal judges, including those for the Constitutional Court, the Supreme Court, and the High Court of Arbitration. The president also has the power to nominate candidates for official state positions, who must ultimately be appointed based on a parliamentary vote. The president's administration is composed of several competing, overlapping, and vaguely delineated hierarchies, which have historically resisted efforts at consolidation.
The constitution establishes a strong and independent judicial branch, with the Constitution Court, the Supreme Court, and the Supreme Arbitration Court (dissolved in 2014) as the three main courts. The judges for each court are appointed by the Federation Council based on proposals made by the president of Russia. This appointment process includes formal vetting but remains subject to executive influence. The constitution provides for judicial immunity, lifetime appointments, and the supremacy of the courts to administer justice.
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Federal laws and their adoption
Russia has a written constitution, which was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international laws. The Constitution of the Russian Federation and federal laws have supremacy over the entire territory of the Russian Federation.
Federal laws are adopted by a majority of votes of the total number of deputies of the State Duma, unless otherwise envisaged by the Constitution of the Russian Federation. Federal laws adopted by the State Duma are submitted within five days for examination by the Council of Federation, also known as the Federation Council. A federal law is considered to have been approved by the Council of Federation if over half of the total number of members of that chamber have voted for it or if the Council of Federation does not examine it within fourteen days. In the event that the Council of Federation rejects a federal law, the chambers may set up a conciliatory commission to settle differences, after which the federal law shall be reconsidered by the State Duma. If the State Duma disagrees with the Council of Federation's decision, a federal law shall be considered adopted if, in the second vote, no less than two-thirds of the total number of deputies of the State Duma have voted in favour.
While a bill may originate in either legislative chamber, or be submitted by the President, government, local legislatures, Supreme Court, Constitutional Court, or High Arbitration Court, it must first be considered by the State Duma and be adopted by a majority vote before being turned over to the Federation Council, which has 14 days to take a vote on it. If the bill is adopted by the Federation Council, it must be signed by the President to become law. The President has a final veto, but the State Duma and Federation Council also have overriding powers by passing with a two-thirds vote.
The Constitution provides for judicial immunity, lifetime appointments or "irremovable" justices, the supremacy of the courts to administer justice, and affirms that judges need only submit to the Constitution and federal law. It also enumerates a strong and independent judicial branch, although the reality is a question of debate. The Constitution originally delineated three main courts: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Arbitration Court. However, the Supreme Arbitration Court was dissolved in 2014, and its jurisdiction was transferred to the Supreme Court. Judges for each court are appointed by the Federation Council, based on proposals made by the President of Russia.
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The constitution's liberal provisions
Russia has a written constitution, which was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The Russian Federation's Constitution of 1993 has since undergone amendments, with the latest significant reform occurring in 2020.
The Constitution of the Russian Federation is divided into two sections and creates a system of crown-presidentialism, which affords the office of the president vast powers to dominate executive, legislative, and judicial power.
The Constitution of the Russian Federation includes several liberal provisions that emphasize individual rights, freedoms, and equality.
Firstly, the Constitution establishes Russia as a democratic federative law-governed state with a republican form of government. It asserts the sovereignty and democratic basis of Russian statehood, recognizing the multinational people of the Russian Federation.
Secondly, the Constitution guarantees the basic rights and liberties of individuals, stating that these rights are inalienable and belong to everyone from birth. These rights and liberties include equality before the law, freedom of speech, freedom of religion, and freedom of assembly. The Constitution also ensures the integrity and inviolability of the Russian Federation's territory, which consists of republics, krays, oblasts, cities of federal significance, and autonomous regions, each with equal rights as constituent entities.
Thirdly, the Constitution provides for judicial independence and immunity, with lifetime appointments for judges. It establishes the supremacy of the courts in administering justice and affirms that judges need only submit to the Constitution and federal law. Article 123 specifically provides for open and fair trials, as well as the equal application of the law.
Furthermore, the Constitution outlines a process for amending its provisions, demonstrating a commitment to constitutionalism and the rule of law. While the President of Russia can propose amendments, the State Duma plays a crucial role in adopting federal laws, and both the State Duma and the Federation Council have the power to override a presidential veto with a two-thirds vote.
Finally, the Constitution recognizes the importance of international law and treaties. It states that the commonly recognized principles and norms of international law and international treaties shall be a component part of Russia's legal system. If an international treaty stipulates different rules from Russian law, the treaty's provisions shall take precedence.
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Frequently asked questions
Yes, Russia has a written constitution.
The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993.
Russia's constitution outlines a democratic federal law-bound state with a republican form of government.
The Russian constitution provides for rights such as freedom of speech, movement, conscience, life, housing, and a pension. It also provides for judicial immunity, lifetime appointments for justices, and the supremacy of the courts to administer justice.
Yes, the Russian constitution has been amended several times, most recently in 2020 and 2022.
