Malcolm Rivera
The Russian Constitution has undergone several changes since its inception, with the current constitution, enacted on 25 December 1993, abolishing the Soviet system of government. This constitution establishes a system of crown-presidentialism, granting significant power to the president over executive, legislative, and judicial branches. While the constitution mentions various committees and commissions, it is unclear if this refers to a committee system as a defined concept. The constitution has been amended multiple times, including in 2008 and 2020, with changes relating to presidential terms, social policies, and the role of Russian law in relation to international agreements.
| Characteristics | Values |
|---|---|
| Date of adoption | 12 December 1993 |
| Date of enactment | 25 December 1993 |
| Latest reform | 2020 |
| Previous constitution | 12 April 1978 |
| System of government | Crown-presidentialism |
| Powers | Executive, legislative, and judicial |
| Committee | Presidential Pardon Commission |
| Committee | State Duma committees |
| Committee | Presidential Security Service (SBP) |
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What You'll Learn
The 1906 Constitution
The Russian Constitution of 1906 was a major revision of the 1832 Fundamental Laws of the Russian Empire. This revision marked a significant shift from an absolutist state to a constitutional monarchy, in which the emperor agreed to share his power with a parliament. The constitution was enacted on 6 May 1906, on the eve of the opening of the first State Duma, during the Russian Revolution of 1905. It was an attempt by the imperial government to preserve its existence and prevent the empire from disintegrating.
Prior to the 1906 Constitution, Russia had been an absolute monarchy, with Tsar Nicholas II committed to maintaining his autocratic rule despite calls for reform, peasant unrest, and the rise of revolutionary organizations. When reforms became inevitable, Nicholas insisted on retaining as much power as possible. For example, he offered only minor concessions such as broadening the local councils' authority and abolishing censorship, while also unilaterally altering election statutes to ensure that future Dumas would include more landed persons, who were more likely to support him.
Overall, the Russian Constitution of 1906 was a significant step towards constitutionalism and political reform in Russia, even though the exact extent of its commitment to constitutional principles was debated due to the emperor's actions and resistance to fully surrendering autocratic power.
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The 1993 Constitution
The Constitution of the Russian Federation, or the 1993 Constitution, was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. It 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.
While the 1993 Constitution establishes a strong presidency, it also recognises the importance of legislative committees and commissions. It outlines the structure and responsibilities of the Federal Assembly, which consists of two chambers: the State Duma and the Federation Council. Both chambers are responsible for forming committees and commissions, exercising parliamentary supervision over issues within their jurisdiction, and holding parliamentary hearings. The constitution specifies that the State Duma is of greater significance as it carries the primary responsibility for passing federal laws.
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Presidential powers
The Russian Constitution, which came into force on 25 December 1993, outlines the role of the President of the Russian Federation as the head of state and of a multi-party system. The President is responsible for setting domestic and foreign policy and representing Russia within the country and internationally. The Constitution provides for a "strong presidency", with extensive powers over military policy, the ability to dissolve the State Duma, and the power to appoint the Prime Minister, key judges, and cabinet members.
The President of Russia has the power to approve defence doctrine, appoint and remove the high command of the armed forces, and confer higher military ranks and awards as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. The President also has the authority to dissolve the State Duma, which is the lower house of the Federal Assembly, the legislature of Russia. The President can also appoint the Prime Minister, who heads the government, with the approval of the parliament.
The President plays a crucial role in lawmaking. They can submit draft legislation and sign federal draft legislation into law or veto it. The President's decrees and orders are binding throughout the Russian Federation. They ensure the uniformity of the system of executive power and that all governmental bodies execute their constitutional duties within their authority. The President can also nominate candidates for official state positions, who are then appointed by a parliamentary vote.
The President is responsible for ensuring that the constitutions, laws, and regulations of the constituent territories of the Russian Federation comply with the country's Constitution and federal laws. They can suspend laws and regulations issued by executive bodies if they contravene the Constitution, federal laws, international obligations, or violate human and civil rights and liberties. The President can apply conciliatory procedures to settle differences between governmental bodies of the Russian Federation and its constituent territories.
The Russian Constitution has undergone several amendments since its enactment, including extending the presidential term from four to six years and abolishing term limits for the office. The latest significant reform occurred in 2020, with extensive amendments altering various sections, including presidential terms, social policies, and the role of Russian law over international ones.
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Legislative powers
The Russian Constitution, which came into force on 25 December 1993, outlines a federal semi-presidential republic system of government. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, which consists of the State Duma (the lower house) and the Federation Council (the upper house). Each house elects a chairman to control its internal procedures and forms parliamentary committees and commissions to deal with specific issues. These committees and commissions have significant responsibilities in devising legislation and conducting oversight, including preparing and evaluating draft laws, reporting on draft laws to their houses, conducting hearings, and overseeing the implementation of laws.
The State Duma is the primary chamber for considering bills, which can originate in either legislative chamber or be submitted by the President, government, local legislatures, or courts. Bills must be adopted by a majority vote in the State Duma before being turned over to the Federation Council, which has 14 days to vote on them. If a bill is adopted by the Federation Council, it must be signed by the President to become law. If rejected, the bill is returned to the State Duma, which can override the rejection by passing it again with a two-thirds vote.
The President of Russia is the head of state and has the power to dissolve the State Duma. The President also has the authority to issue legally binding by-laws and plays a crucial role in the amendment process of the Constitution. Proposals for constitutional amendments can be submitted by the President, the Council of Federation, the State Duma, the Government of the Russian Federation, legislative bodies of constituent entities, and groups consisting of at least one-fifth of the members of the Council of Federation or deputies of the State Duma. Any amendments to Chapters 1, 2, and 9 of the Constitution, which cover fundamental provisions, require the adoption of a new Constitution by the Russian Constitutional Assembly or a popular vote.
The Constitution also guarantees local self-government in the Russian Federation, ensuring legal protection and compensation for additional expenses arising from decisions made by state government bodies. It establishes the independence of the legislative, executive, and judicial branches of government, with the courts of the Russian Federation administering justice in accordance with the Constitution and federal laws.
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Judicial powers
The Russian Constitution, which came into force on 25 December 1993, outlines a hierarchical judicial structure with the Constitutional Court, Supreme Court, and High Court of Arbitration at the apex. The 1993 Constitution also declares Russia a democratic, federative, and law-based state.
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia, with 11 judges, one being the President and another the Deputy President. This court is empowered to rule on whether laws or presidential decrees contradict the Constitution of Russia. Its objective is to protect the Constitution and deal with specific kinds of disputes where it has original jurisdiction. The Constitutional Court is not entitled to judge the constitutionality of laws on its own initiative; however, any federal court may request the Constitutional Court to judge the constitutionality of a law if the law is to be implemented in a case, and a judge is in doubt. Additionally, any private citizen may submit a claim challenging the constitutionality of a particular law if that law was implemented and violated the citizen's rights.
The Supreme Court of the Russian Federation is the highest judicial body for settling economic disputes and other cases examined by arbitration courts. It exercises judicial supervision over their activities and provides interpretation on issues of court proceedings.
The Constitution also enumerates a strong and independent judicial branch, providing for judicial immunity, lifetime appointments, and the supremacy of the courts to administer justice. Judges are to be independent and subordinate only to the Constitution of the Russian Federation and federal law. They are to be citizens of the Russian Federation, over 25 years old, with a higher education in law and at least five years of legal experience.
The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, with management aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia, the Ministry of Justice, and the various courts' chairpersons.
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Frequently asked questions
Yes, the Russian Constitution mentions a committee system. The State Duma committees, for example, are responsible for providing opinions that serve as the basis for the observations outlined in official reports.
The State Duma is the lower house of the bicameral Russian parliament, with the upper house being the Federation Council. The State Duma elects its Chairman and deputies from among its members, and they preside over the sessions and supervise the internal rules of the chamber.
The State Duma committees, along with exercising parliamentary supervision over issues within their jurisdiction and holding parliamentary hearings, also provide opinions that are considered during the preparation of official reports.
The Presidential Pardon Commission and the Committee on Legal Affairs and Human Rights are two other committees mentioned in the context of the Russian Constitution.
Yes, the Russian Constitution of 1906 mentions a Privy Committee established by Alexander I to investigate introducing a parliament and ministerial system. It also mentions the Council of Ministers, which discussed and amended the draft constitution.
