Simone Lawson
The Russian Constitution has been amended several times since its adoption in 1993. 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 law. These amendments were developed by a group of parliament members, scientists, and public representatives, and supplemented the Constitution with articles imposing a distinct government attitude towards public health, science, culture, voluntary work, and young people. They also introduced a ban on ceding Russian territory to foreign powers and removed term limits on the presidency, allowing Vladimir Putin to run for re-election in 2024. Further amendments were made in 2022, following the invasion of Ukraine, to include the annexation of several Ukrainian regions.
| Characteristics | Values |
|---|---|
| Date of the latest amendment | 2020 |
| Number of amendments made in 2020 | 20+ |
| Date of the previous amendment | 2014 |
| Number of amendments made in 2014 | 1+ |
| Date of the Constitution's adoption | 12 December 1993 |
| Date the Constitution came into force | 25 December 1993 |
| Date of the previous Constitution | 12 April 1978 |
| Number of times the previous Constitution was amended | 1+ |
| Number of judges in the Constitutional Court | 19, decreased to 11 in 2020 |
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What You'll Learn
Amendments to presidential term limits
The Russian Constitution of 1993 imposes a limit of two terms for the country's presidency. However, prior to the 2020 amendments, this limit only applied to consecutive terms, allowing a term-limited president to be elected again after a term out of office. This loophole has been used by Vladimir Putin, who served two terms from 2000 to 2008, and then became prime minister in 2008, retaining control over the executive, before being elected president again in 2012.
In 2020, Putin supported a proposed constitutional amendment that would allow him to seek two more terms and remain in power until 2036. The amendment, initiated by Putin and former cosmonaut Valentina Tereshkova, resets the current term limits, removing the "in a row" clause and discounting previous presidential terms before the amendment comes into force. This nullifies the number of presidential terms previously served by Putin, allowing him to serve two further terms and run for re-election in 2024.
The 2020 amendment has been criticised as a form of self-coup or autocoup, granting Putin more authority. Putin has also been accused of using temporary placeholders and resetting the tally of terms to zero to prolong his grip on power beyond constitutional limits. Putin has argued that the amendment is important to ensure the country's "evolutionary development", pointing to other countries that have no restrictions on presidential terms.
The 2020 amendment was approved by the State Duma, the lower house of the Russian parliament, and came into effect on 4 July 2020.
Amendments Removed: The Evolution of Our Constitution
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Changes to the role of the State Duma
The Russian Constitution of 1993 replaced the Soviet-era Constitution of 1978, which had been amended in 1992 to reflect the dissolution of the Soviet Union. The 1993 Constitution is one of the longest-standing constitutions in Russian history, only superseded by the Soviet Union's 1936 Constitution.
The State Duma, the lower house of the Federal Assembly of Russia, was established by the 1993 Constitution. The Duma has special powers enumerated by the Constitution of Russia, including consent to the appointment of the Prime Minister of Russia, hearing annual reports from the Government of the Russian Federation, deciding the issue of confidence in the government, and the appointment and dismissal of several key officials, including the Chairman of the Central Bank of Russia and the Commissioner for Human Rights.
The role of the State Duma has evolved since its establishment, with its powers and responsibilities being amended over time. One significant change to the role of the State Duma came about as a result of the 2020 amendments to the Constitution. These amendments granted the State Duma the right to approve the Prime Minister's candidacy, as well as the candidates for Deputy Prime Ministers and Federal Ministers. This marked an expansion of the Duma's influence in the appointment process, as previously, they only gave consent to the appointment.
The 2020 amendments also introduced provisions for the State Duma to have a role in protecting public health, science, culture, voluntary work, and the interests of young people. Additionally, the amendments gave legal recognition to the Russian language as the "language of the state-forming people", and included references to "historical truth" and faith in God as part of Russia's heritage.
The State Duma played a crucial role in the adoption of the 2020 amendments, as they were approved by the Duma in the third reading with no objections. This was a significant step in the process of amending the Constitution, demonstrating the Duma's legislative power and its role in shaping the country's legal framework.
The 19th Amendment: Women's Right to Vote
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The Russian Constitution and international law
The Russian Constitution, enacted in 1993, is one of the longest-standing constitutions in Russian history. It replaced the Soviet-era Constitution of 1978, which was amended in 1992 to reflect the dissolution of the Soviet Union and the sovereignty of the Russian Federation. The 1993 Constitution abolished the Soviet system of government and created a system of crown-presidentialism, affording the President vast powers to dominate executive, legislative, and judicial functions.
The Russian Constitution has been amended several times since its enactment. 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 law. These amendments were proposed by a group consisting of parliament members, scientists, and public representatives. One notable change was the removal of the "in a row" clause regulating presidential terms, nullifying previous terms served and allowing President Putin to run for re-election in 2024.
The 2020 amendments also included provisions stating that the Russian Constitution should take precedence over international law. This stance aligns with the traditional Russian interpretation of international law, which views sovereignty as absolute and indivisible. Russian scholars generally adopt a ""statist" approach, confining the subjects of international law to traditional actors and maintaining a distance between international law and domestic law. This perspective differs from advocates of the New Haven School in the US, who see international law as promoting human dignity and argue that undemocratic governments lack the sovereignty that is essential for statehood.
The Russian Constitution does acknowledge the importance of international law in specific contexts. For instance, Article 85(2) empowers the President to suspend acts of executive organs that conflict with "the international obligations of the Russian Federation," pending a court resolution. Additionally, the Constitution provides for human rights and freedoms of citizens according to universally recognized principles and norms of international law. However, critics argue that the 2020 amendments, particularly those related to the Constitutional Court, do not adequately address the applicable rules of international law.
Amending the Constitution: Exploring Various Methods
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Amendments to the Supreme Court
The Russian Constitution has been amended several times since its ratification in 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 ones.
The 2020 amendments to the Russian Constitution also brought about changes to the Supreme Court and the Constitutional Court. Here are some key amendments related to these courts:
- The Federation Council (the upper house of Parliament) can propose that the President dismiss federal judges.
- In some cases, the Federation Council, on the proposal of the President, has the right to remove judges of the Constitutional and Supreme Courts if they "commit an act defaming the honour and dignity of a judge."
- The President has the authority to nominate the chairperson and deputy chairperson and justices of the Constitutional Court, Supreme Court, and other federal courts of the Russian Federation.
- The rules for applying for a case to be heard by the Constitutional Court have changed. A new requirement stipulates that a citizen can appeal to the Constitutional Court only after "exhausting all available remedies provided in the national legal system."
- The Constitutional Court acquired new authority to check draft laws at the request of the head of state.
- The Constitutional Court was granted the ability to review the constitutionality of laws adopted by the Federal Assembly of the Russian Federation at the request of the President before they are signed by him.
- The Supreme Arbitration Court was dissolved in 2014, and its jurisdiction was transferred to the Supreme Court.
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The Constitution and territorial annexations
The Russian Constitution of 1993 is one of the longest-standing constitutions in Russian history. It replaced the Soviet-era Constitution of 1978, which was amended in 1992 to reflect the dissolution of the Soviet Union and the sovereignty of the Russian Federation. The 1993 Constitution abolished the Soviet system of government and created a system of crown-presidentialism, which affords vast power to the office of the president to dominate executive, legislative, and judicial power.
The latest significant reform of the Russian Constitution occurred in 2020, marked by extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international ones. These amendments were developed by a group consisting of parliament members, scientists, and public representatives. As a result of their work, the Constitution was supplemented by articles imposing a distinct government attitude towards public health, science, culture, voluntary work, and young people.
One of the most notable amendments banned the ceding of Russian territory to foreign powers. This amendment was made in the context of Russia's annexation of Crimea in 2014 and the four territories in mainland southeastern Ukraine in 2022: Donetsk, Luhansk, Zaporizhzhia, and Kherson. The declared annexations have been condemned by the international community and have hindered peace negotiations between Russia and Ukraine.
Following the signing of "treaties of annexation" with Russian occupation authorities during the 2022 invasion of Ukraine, the text of the Russian 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 Russian law does not define their borders. This has created a legal conundrum, as the Ukrainian and Russian Constitutions now lay explicit claim to the same territories.
The Amendment That Secured Our Voting Rights
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Frequently asked questions
The Russian Constitution has been amended several times since its enactment in 1993. The most recent significant amendments were made in 2020. Other amendments were made in 2014, 2002, and 1992.
The 2020 amendments to the Russian Constitution included changes to presidential term limits, social policies, and the role of Russian law over international law. The amendments also added articles on public health, science, culture, voluntary work, and youth. Additionally, they removed the term limits on the presidency, allowing Vladimir Putin to extend his rule beyond 2024.
The 2020 amendments were proposed by a group consisting of parliament members, scientists, and public representatives. The amendments were approved by the State Duma, legislative assemblies of all 85 federal subjects, and the Constitutional Court of Russia before being signed into effect by President Putin on 4 July 2020.
The Russian Constitution replaced the Soviet-era Constitution in 1993, reflecting the dissolution of the Soviet Union and establishing a new system of crown-presidentialism. Amendments in 2014 transferred the jurisdiction of the Supreme Arbitration Court to the Supreme Court, and changes in 2020 gave the Constitutional Court expanded powers of preliminary review over laws.
