Jonah Patel
The Russian Constitution has undergone several amendments since its inception, with varying levels of support and criticism from Russian citizens. Some of the amendments made by President Putin, particularly in 2020, have been viewed as controversial and detrimental to the integrity of the constitution. These changes have touched on approximately 60% of the constitution, and critics argue that they undermine the basic guiding principles of the document, including the rights and freedoms of Russian citizens. Putin's amendments have also been accused of elevating ethnic Russians above other ethnicities in the multiethnic population and consolidating power in the hands of the president. The impact of these amendments on the perception of the constitution among Russian citizens remains a topic of discussion and debate.
| Characteristics | Values |
|---|---|
| Amendments | 60% of the constitution has been amended, with over 200 changes made to the subsequent chapters |
| National Unity | Amendments uphold national unity and the integrity of the state |
| International Law | Amendments allow Russia to reject international law if it contradicts the Russian Federation's constitution |
| Judicial Independence | Amendments allow the removal of high-ranking federal judges by the Federation Council |
| Presidential Powers | Amendments reduce the scope of presidential powers by transferring some to the Russian parliament and State Council |
| Equality | Amendments contradict the equality of rights and freedoms guaranteed to all Russian citizens by the constitution |
| Ethnic Minorities | Amendments elevate ethnic Russians above other ethnicities, contradicting the equal and multiethnic population |
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What You'll Learn
- Putin's 2020 amendments and their impact on the constitution
- The constitution's role in preserving national unity and integrity
- Putin's intentions to remain in power beyond 2024
- The contradiction between the amendments and the original constitution
- The impact of constitutional changes on Russia's international standing
Putin's 2020 amendments and their impact on the constitution
Putin's 2020 amendments to the Russian Constitution were the second substantial amendments to the Constitution of Russia of 1993. The amendments touched on approximately 60% of the constitution, resulting in a disjointed presentation of Russia's highest law. The amendments were proposed in January 2020 and approved on 1 July by a popular vote.
One of the key impacts of the 2020 amendments was the removal of the "in a row" clause from the article regulating presidential terms. This nullified the number of terms previously served by President Putin, allowing him to serve two additional terms and run for re-election in 2024. This was seen as a solution to the "2024 problem" regarding the end of Putin's presidential term. The amendments also granted the Constitutional Court the power to check the constitutionality of laws adopted by the Federal Assembly and to reject any decisions of international courts that contradict the Russian Constitution, compromising the division of powers in Russia.
Putin's amendments also introduced contradictions and inconsistencies within the constitution. For example, the 1993 constitution designated the multinational people of the Russian Federation as bearers of sovereignty, while an amendment now refers to the Russian language as the language of the "state-forming people," elevating ethnic Russians above other ethnicities. The amendments also included socially and economically directed changes, such as requiring the minimum wage to be above the poverty line and guaranteeing annual increases in pension payments.
The process of adopting the amendments was criticized for its speed and lack of proper consultation with civil society. Despite these concerns, the amendments reflected the desire for stability shared by many Russians, particularly the younger "Generation Putin," who have grown up with Putin as their leader and value peace and stability. However, this generation also has access to information and is more likely to advocate for a more democratic Russia.
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The constitution's role in preserving national unity and integrity
The Russian Constitution, as amended in 2020, has been criticised for deviating from the original 1993 constitution, which emphasised the need for a "unified system of state power" and designated the multinational people of the Russian Federation as the bearers of sovereignty. The amendments, on the other hand, elevate ethnic Russians by referring to the Russian language as the language of the "state-forming people". This contradicts the fundamental principles of equality and multiethnicity that were previously established.
The amendments also impact the division of powers in Russia, with the executive branch now able to influence the judiciary by removing high-ranking federal judges from office. This undermines the independence of the judiciary and compromises the checks and balances necessary for a democratic system.
Despite the criticisms, one constant in Russian constitutional thought is the emphasis on preserving national unity and the integrity of the state. This principle has been a part of Russia's legal framework since the Fundamental Laws of 1906, which established the idea of an "indivisible state". Putin's amendments further reinforce this notion by recognising the preeminence of the Russian state and its historical commitment to "state unity".
However, critics argue that this commitment to unity has often served as a pretext for suppressing dissenting opinions and marginalising ethnic minorities. The amendments introduce contradictions that transform the constitution into a façade, suggesting that the actual practices of the state may deviate from the formal rules outlined in the document.
In conclusion, while the Russian Constitution espouses the importance of national unity and integrity, the amendments introduced by Putin have raised concerns about the protection of minority rights and the preservation of a unified and inclusive state. The true test of the constitution's effectiveness in preserving national unity will be in its implementation and the respect for the rights of all citizens, regardless of their ethnic or political backgrounds.
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Putin's intentions to remain in power beyond 2024
The Russian constitution has undergone several amendments, with critics arguing that these changes are meant to help President Vladimir Putin retain power beyond 2024, when he is required by the constitution to step down. Putin has been in power for 20 years, making him Russia's longest-serving leader since Stalin.
In January 2020, Putin announced a series of constitutional amendments, which sparked speculation about his intentions to remain in power. One proposal suggested resetting the clock on presidential terms, allowing Putin to run for two additional terms, potentially keeping him in office until 2036. The amendment was passed, despite criticism from opposition groups, who denounced it as an attempt to make Putin "president for life".
Putin and his supporters defended the amendment as a measure to maintain stability and avoid a lame-duck presidency. They argued that it would give the head of state the ability to stabilise society, and that Putin himself had not confirmed his intention to run in 2024.
Putin's proposed amendments also included a reordering of political powers and a new role for the advisory body, the State Council, which he plans to equip with more power. This has led to concerns that Putin is seeking to maintain influence by becoming the head of the State Council after his presidential term.
Additionally, Putin has suggested that future presidential candidates must have lived in Russia for at least 25 years and not hold citizenship in any other country. This proposal has been interpreted as an attempt to bar exiled opposition figures from running for the presidency, further solidifying Putin's position.
The amendments have altered approximately 60% of the constitution, creating a disjointed presentation of Russia's highest law. Critics argue that these changes undermine the fundamental principles of the constitution and the rights and freedoms of Russian citizens.
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The contradiction between the amendments and the original constitution
The 2020 constitutional amendments in Russia have introduced numerous contradictions to the original 1993 constitution, undermining its basic guiding principles. One of the key conflicts relates to the designation of sovereignty. While the 1993 constitution designated the multinational people of the Russian Federation as the bearers of sovereignty, an amendment now refers to the Russian language as the language of the "state-forming people," elevating ethnic Russians above other ethnicities in what was theoretically supposed to be a multiethnic and equal population.
Another contradiction arises in the recognition of international law. Article 15, part 4 of the original constitution made the generally recognized principles and norms of international law an integral part of Russian law. However, the amendments now allow the Constitutional Court to reject any decision of an international court if it contradicts the Russian Federation's constitution, which is a clear violation of its responsibilities as a member of the Council of Europe.
The amendments also contradict the original constitution's provisions on municipal powers. While Article 12 of the 1993 constitution clearly distinguishes between federal and municipal powers, President Putin has expressed his intention to create a "unified system of public authority," blurring the lines between these separate powers. This goes against the grain of the original constitution, which intended to keep these powers separate.
Furthermore, the amendments introduced by Putin reinforce the longstanding norm of "state unity" and the preeminence of the Russian state, drawing on the historical idea of a unified and indivisible state. This principle has often served as a pretext to suppress dissenting opinions and ethnic minorities, contradicting the original constitution's commitment to protecting the rights and freedoms of Russian citizens.
The scope of presidential powers has also been a point of contradiction. While Putin announced plans to reduce presidential powers and transfer some of them to the two chambers of the Russian parliament and the State Council, there are speculations that he might seek to extend his powers for life or take on a new role as the lifelong chair of the Supreme State Council overseeing a unified state. This would relieve him of any remaining checks and balances, further contradicting the original constitution's intention to uphold national unity and the integrity of the state.
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The impact of constitutional changes on Russia's international standing
The constitutional changes in Russia have had a significant impact on the country's international standing, with some arguing that the constitution is now a "façade" and that Russia's legal order is broken. One of the most notable changes is the amendment that allows the Constitutional Court to reject any decision of an international court if it contradicts the Russian Federation's constitution. This move is seen as a clear violation of Russia's responsibilities as a member of the Council of Europe and has compromised the already weak division of powers in the country.
The amendments, which touch on approximately 60% of the constitution, have introduced contradictions and inconsistencies, undermining the document's basic guiding principles. For example, an amendment referring to the Russian language as the language of the "state-forming people" elevates ethnic Russians, contradicting the equal and multiethnic nature of the Russian Federation. This change has potential implications for Russia's international standing, particularly regarding its relations with other ethnic groups and nations.
President Putin's amendments also reinforce the preeminence of the Russian state and the idea of "state unity," a principle that has historically been used to preserve the status quo and suppress dissenting opinions and ethnic minorities. This shift from a forward-looking document to a defensive one may impact Russia's international reputation and its relations with other countries, especially those with ethnic Russian populations.
Putin's plans to reduce presidential powers and transfer some of them to the two chambers of the Russian parliament and the State Council have sparked speculation about his intentions to leave the presidency in 2024. However, some analysts argue that Putin could become the lifelong chair of the Supreme State Council, overseeing a unified state that includes not only Belarus but also other territories, ruling as a lifelong emperor with no checks and balances. This potential power grab could further impact Russia's international standing, especially if it leads to concerns about authoritarian rule and the suppression of democratic values.
Overall, the constitutional changes in Russia have introduced inconsistencies and contradictions, undermined the division of powers, and reinforced the preeminence of the state. These moves have potentially far-reaching consequences for Russia's international standing, relations with ethnic minorities, and reputation as a democratic nation.
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Frequently asked questions
It is challenging to determine the exact sentiments of the entire Russian citizenry regarding the constitutional amendments. However, it is evident that these amendments have stirred varying emotions, with some citizens expressing concerns over the changes. The amendments have been described as a means to preserve the status quo and suppress dissenting opinions and ethnic minorities.
Some Russian journalists and civic activists, such as Sergey Parkhomenko, have been actively engaged in promoting liberal values and developing civic activism in the country. Parkhomenko founded projects and hosted radio and YouTube programs to encourage civic engagement and make sense of current events, including Russia's invasion of Ukraine in February 2022.
The 2020 amendments have raised concerns about the division of powers in Russia. By allowing the Constitutional Court to override international law and the decisions of international courts, the amendments weaken the country's legal system and violate its responsibilities as a member of the Council of Europe.
The amendments have significantly impacted the balance of powers. They enable the removal of high-ranking federal judges by the Federation Council and empower the president to seek a determination from the Constitutional Court if a presidential veto is overturned by the legislature. Additionally, President Putin has expressed intentions to reduce presidential powers by transferring some of them to the Russian parliament and the State Council.
