Malcolm Rivera
Russia's constitution has been amended several times since its inception in 1993, with critics arguing that these changes have undermined the document's basic guiding principles. The 2020 amendments, in particular, have been criticised for elevating ethnic Russians above other ethnic groups, compromising the division of powers, and diminishing the independence of the government. Additionally, the amendments allow the Constitutional Court to reject decisions made by international courts, which is a violation of Russia's responsibilities as a member of the Council of Europe. These changes have led some to argue that Russia's constitution is “broken.
| Characteristics | Values |
|---|---|
| Amendments | Amendments in 2020 and 2022 |
| Purpose of Amendments | To allow Putin to remain in power |
| Independence of Government | Diminished by placing the executive branch under the president's leadership |
| Judiciary | The Supreme Arbitration Court was dissolved in 2014 |
| Presidential Powers | Pseudo-monarchical guardian authority as the 'guarantor' of the entire Russian constitutional system |
| Presidential Terms | Amendments removed the "in a row" clause from the article regulating the maximum number of presidential terms |
| Social Rights | Expanded without corresponding reinforcement of civil rights |
| National Unity | The need to uphold national unity and the integrity of the state is a constant in Russian constitutional thought |
| Secular State | Amended to highlight the historical influence of Russia's ancestors and their belief in God |
| Official Ideology | Putin's conservative values have received constitutional approbation |
| Marriage | Defined as a union between a man and a woman |
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What You'll Learn
- Putin's 2020 amendments have been criticised for being contradictory and for undermining the 1993 constitution's basic guiding principles
- The independence of the judiciary has been questioned, with the president able to remove high-ranking federal judges
- The Constitutional Court can reject international court decisions, violating Russia's responsibilities as a member of the Council of Europe
- The 2020 amendments have been criticised for elevating ethnic Russians in theory, in an equal and multiethnic population
- Amendments have expanded social rights without reinforcing civil rights, and the constitution is now more defensive than forward-looking
Putin's 2020 amendments have been criticised for being contradictory and for undermining the 1993 constitution's basic guiding principles
The 2020 amendments to Russia's 1993 constitution have been criticised for being contradictory and for undermining the original document's basic guiding principles.
The 2020 amendments, also known as Putin's amendments, were proposed by the president himself in a January 2020 state-of-the-nation address. They were formally approved by parliament and signed by the president in March 2020 and entered into force on 4 July. The amendments strengthened the powers of the Russian president, increased the powers of the centre over regional and local governments, and reduced the independence of the courts. They also opened the possibility for Putin to remain in office beyond the end of his current term in 2024.
The amendments have been criticised for introducing contradictions into Russia's founding law. For instance, while technically observing the constitution's procedural requirements, Putin downgraded Russia's civil liberties—the highest value under the 1993 constitution. Certain amendments have also significantly expanded social rights without any corresponding reinforcement of civil rights. Further, the amendments have been criticised for contradicting the first two chapters of the constitution.
The 2020 amendments have also been criticised for undermining the basic guiding principles of the 1993 constitution. The 1993 constitution was an attempt to create a more democratic and law-based country. Putin's amendments, however, have been seen as a return to Soviet practices, where the nation's highest law was largely ornamental and disconnected from its actual system of governance. The 1993 constitution proclaimed that Russia would have no official ideology, but Putin's conservative values have now received constitutional approbation, with the definition that marriage constitutes the union between a man and a woman.
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The independence of the judiciary has been questioned, with the president able to remove high-ranking federal judges
The Russian Constitution has been amended several times since its inception in 1993, with the most recent changes occurring in 2020 and 2022. One of the key issues that have been raised is the independence of the judiciary, specifically concerning the removal of high-ranking federal judges.
The original 1993 constitution, drafted under Boris Yeltsin, aimed to establish a more democratic and law-based country. However, amendments made by Vladimir Putin have been criticised for concentrating power in the executive branch and the office of the president, potentially undermining the independence of other branches of government, including the judiciary.
The Russian Constitution outlines a system of crown-presidentialism, which grants significant authority to the president. The president is not only the Supreme Commander-in-Chief of the Armed Forces but also has the power to dissolve the State Duma, the lower house of the legislature. The president can also appoint members of the judiciary, including judges, and has the authority to remove high-ranking federal judges from office. This removal power is exercised through the Federation Council, which appoints judges based on proposals made by the president.
The ability to remove judges at will has raised concerns about the independence of the judiciary and the potential for political interference in judicial matters. This issue is further compounded by the fact that the executive branch, which is meant to be autonomous, is placed under the general leadership of the president. As a result, there are questions about the ability of the judiciary to act as a check on executive power, with the balance of power seemingly tilted in favour of the president.
Additionally, the 2020 amendments removed the restriction on presidential terms, allowing Putin to extend his rule beyond the previous limit of two consecutive terms. This further centralised power in the executive and contributed to concerns about the concentration of authority in the presidency. The amendments also included provisions that duplicated existing federal laws, raising questions about their necessity and the overall coherence of the constitution.
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The Constitutional Court can reject international court decisions, violating Russia's responsibilities as a member of the Council of Europe
The Russian Constitution has undergone several amendments since its inception in 1993, with the most recent changes occurring in 2020 and 2022. These amendments have been criticised for concentrating power in the hands of the president and undermining democratic principles. One of the key issues is the ability of the Constitutional Court to overrule international court decisions.
The Russian Constitution, as amended, asserts the supremacy of Russian law over international law. Specifically, Article 79 states that "the rules of international law and international treaties of the Russian Federation are subject to the Constitution of the Russian Federation". This provision has been interpreted to mean that the Constitutional Court of Russia can review and reject decisions made by international courts if they are deemed to contradict the Russian Constitution.
This power of the Constitutional Court to reject international court decisions has significant implications for Russia's responsibilities as a member of the Council of Europe. The Council of Europe is an international organisation committed to upholding human rights, democracy, and the rule of law in Europe. All member states, including Russia, are expected to abide by the decisions of the European Court of Human Rights (ECtHR), which is the highest court for human rights issues within the Council of Europe.
However, the Russian Constitutional Court's power to reject ECtHR rulings effectively allows Russia to disregard human rights obligations it has agreed to as a member of the Council of Europe. This undermines the authority of the ECtHR and the Council of Europe more broadly, and has been criticised as a violation of Russia's commitments to uphold human rights and the rule of law.
The ability of the Russian Constitutional Court to reject international court decisions is just one example of how amendments to the Russian Constitution have centralised power in the executive branch and weakened democratic institutions. These changes have enabled Russian authoritarianism and pose a challenge to the democratic ideals of the Council of Europe.
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The 2020 amendments have been criticised for elevating ethnic Russians in theory, in an equal and multiethnic population
The 2020 amendments to the Russian Constitution have been criticised for elevating ethnic Russians in theory, in an equal and multiethnic population. These amendments have been described as "theatrical constitution-making" by Will Partlett, who argues that they support authoritarian populism in Russia. The changes made by Vladimir Putin have been said to go against the 1993 Russian constitution's original attempt to create a more democratic and law-based country. Instead, Putin's amendments signify a return to Soviet practices, where the nation's highest law was largely ornamental and disconnected from its actual system of governance.
The 2020 amendments have been criticised for their negative impact on the country's multiethnic population. One of the amendments, for example, refers to the Russian language as the "language of the state-forming people". This has been interpreted as an attempt to elevate ethnic Russians above other ethnic groups within the country, who speak different languages. This includes groups such as the Tatars, Bashkirs, and Chechens, who together make up a significant portion of Russia's population. The amendment has been criticised for failing to recognise the country's linguistic diversity and for potentially fuelling ethnic tensions.
Another amendment that has caused concern is the one that mentions "protecting historical truth". This amendment has been criticised for its potential to promote a single, official narrative of Russian history that may not accurately reflect the experiences and perspectives of all ethnic groups within the country. Critics argue that this amendment could be used to suppress alternative interpretations of history and reinforce a monolithic view of Russian identity that favours ethnic Russians.
In addition to these concerns, the 2020 amendments have also been criticised for their impact on the country's judicial system. The amendments give the president the power to remove high-ranking federal judges from office, further centralising power in the executive branch. This has raised concerns about the independence of the judiciary and the potential for political interference in judicial matters. The amendments also elevate the president above the system of separated powers, granting them pseudo-monarchical authority as the 'guarantor' of the Russian constitutional system.
Overall, while the 2020 amendments to the Russian Constitution have been presented as a way to protect the country's interests and values, they have also been criticised for elevating ethnic Russians above other ethnic groups within the country's equal and multiethnic population. These amendments have contributed to a centralised constitutional system that concentrates power in the office of the president, enabling the institution to dominate politics and win elections. As a result, there are ongoing concerns about Russia's commitment to democratic principles and the protection of rights for all its citizens.
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Amendments have expanded social rights without reinforcing civil rights, and the constitution is now more defensive than forward-looking
The 1993 Russian Constitution was an attempt to create a more democratic and law-based country. However, the 2020 amendments by President Vladimir Putin have introduced contradictions that limit its ability to serve as a statement of founding legal principles. The amendments touch on approximately 60% of the constitution, making it more jumbled and disjointed.
The amendments have expanded social rights without reinforcing civil rights. They have also diminished the independence of the government by placing the executive branch under the general leadership of the president. The president already holds vast power, including the ability to dissolve the State Duma, issue decrees, control the legislature, and appoint members of the judiciary and other accountability institutions. The amendments further empower the president by allowing them to remove high-ranking federal judges from office and giving them the right to turn to the Constitutional Court for a determination on the underlying constitutionality of a law.
The 2020 amendments also removed the "in a row" clause from the article regulating the maximum number of presidential terms, allowing Putin to remain in power for two more terms and 16 uninterrupted years. This was done to solve the so-called "2024 problem" regarding the end of Putin's presidential term that year. The amendments also added that the Russian Constitution should take precedence over international law.
The Russian Constitution now appears more defensive than forward-looking. It has deviated from the original 1993 constitution's attempt to create a more democratic country. Instead, the amendments constitutionalise legislative trends toward centralism, personalism, and protectionism. The constitution now includes contradictions and is more concerned with upholding national unity and the integrity of the state.
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Frequently asked questions
Putin's amendments to the Russian constitution in 2020 have caused numerous problems. They have elevated ethnic Russians above other ethnicities in the population, allowed the Constitutional Court to reject any decision of an international court if it contradicts the constitution, and compromised the division of powers in the country.
The Russian constitution is the most liberal in the country's history, but it is also flawed. It was born out of violence and political exhaustion, and it retains a strong pro-statist orientation that Putin has exploited during his time in power.
After the signing of "treaties of annexation" with Russian occupation authorities during the 2022 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.
