Malcolm Rivera
The Russian Constitution of 1993, enacted on 25 December 1993, replaced the Soviet-era Constitution of 1978. It was drafted in response to the 1993 Russian constitutional crisis, a conflict between then-President Boris Yeltsin and the country's parliament. The new constitution abolished the Soviet system of government and established a system of crown-presidentialism, concentrating power in the office of the president. It also provided for human rights and freedoms, including the right to renounce citizenship, state support for families, and the protection of labour and health. The constitution has since undergone significant amendments, including extending the presidential term length and altering the role of Russian law in relation to international law.
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What You'll Learn
The constitution abolished the Soviet system of government
The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The constitution abolished the Soviet system of government and replaced the previous Soviet-era Constitution of 12 April 1978. The 1978 constitution was of the Russian Soviet Federative Socialist Republic, 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 text was drafted by the 1993 Constitutional Conference, which was attended by over 800 participants. The constitution was established following the 1993 Russian constitutional crisis, which arose from a conflict between then-President Boris Yeltsin and the country's parliament. Yeltsin performed a self-coup, dissolving parliament and instituting a presidential rule-by-decree system. The crisis ended with Yeltsin using military force to attack Moscow's House of Soviets and arrest the lawmakers.
In the wake of the events, Yeltsin consolidated his position, further expanded the powers of the executive, and pushed through the adoption of the 1993 constitution. The constitution creates a system of crown-presidentialism, which affords vast power to the office of the president to dominate executive, legislative, and judicial power. The president is the head of state, setting domestic and foreign policy, and representing Russia within the country and internationally. The constitution provides for a "strong presidency"; the president is the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation" and has the power to dissolve the State Duma.
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It outlines the President's role as head of state
The 1993 Russian Constitution outlines the President's role as the head of state, a position of vast power that dominates executive, legislative, and judicial authority. The President is the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation" and has the power to dissolve the State Duma, the lower house of the Federal Assembly of Russia, which is responsible for passing federal laws. The President also has the authority to appoint and dismiss supreme commanders of the Armed Forces and diplomatic representatives of the Russian Federation in foreign states and international organisations.
The Constitution stipulates that the President sets domestic and foreign policy and represents Russia both within the country and internationally. The President is responsible for addressing the Federal Assembly with annual messages on the situation in the country and on the basic objectives of the internal and foreign policy of the state. The Constitution further grants the President the power to announce referendums and elections to the State Duma in accordance with federal law and the Constitution.
In terms of lawmaking, the President plays a significant role as bills may be submitted by the President to the State Duma for consideration and adoption by a majority vote. The President also has the authority to request the Constitutional Court of the Russian Federation to provide interpretation of the Constitution. This court is responsible for checking the constitutionality of laws and ensuring compliance with constitutional rights and freedoms.
The 1993 Constitution has been amended several times, including in 2008, when the term limits for the President were extended from four to six years, and in 2020, when further amendments were made to various sections, including presidential terms and the role of Russian law over international ones.
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It establishes a system of crown-presidentialism
The Russian Constitution of 1993 establishes a system of crown-presidentialism, a form of constitutional design that combines elements of presidential and semi-presidential systems. This system grants the president vast powers, allowing them to dominate the executive, legislative, and judicial branches of government.
Crown-presidentialism, as a concept, draws on older conceptions of monarchical prerogatives, where the president assumes guardian powers above the constitutional system of checks and balances. This design affords the president the constitutional authority to enter into and control legislative power through legislative dismissal and/or appointment. The Russian Constitution, in particular, provides for a "strong presidency," with the president serving as the head of state, setting domestic and foreign policy, and representing Russia both within the country and internationally.
The 1993 Constitution replaced the previous Soviet-era Constitution of 1978, which had been amended in 1991 to establish a president independent of the parliament. The new Constitution further expanded the powers of the executive, reflecting a centralization of authority in the office of the president. This shift towards crown-presidentialism was characterized by some as a move towards new authoritarianism, providing a powerful tool for authoritarian leaders to control both formal and informal politics.
The Russian Constitution of 1993 has been one of the longest-standing constitutions in Russian history, undergoing significant reforms in 2008 and 2020. The 2008 amendments extended the presidential term from four to six years, while the 2020 reforms altered various sections, including presidential terms, social policies, and the role of Russian law over international ones.
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It ensures human rights and freedoms of citizens
The Russian Constitution of 1993, enacted on 25 December 1993, provides for human rights and freedoms of citizens. It ensures that every citizen of the Russian Federation enjoys all rights and freedoms within its territory and bears equal responsibilities as outlined in the Constitution. The Constitution also establishes the Russian Federation as a social state, with policies aimed at creating conditions that ensure a dignified life and the free development of its citizens.
The Constitution protects the rights of victims of crimes and abuses of office, guaranteeing access to justice and compensation for damages sustained due to unlawful actions or inactions of state government bodies and officials. It also includes the principle of no punishment without law, stating that no one can be held liable for an action that was not considered a crime when it was committed.
The Russian Constitution further emphasizes the importance of protecting labour and health, establishing a guaranteed minimum wage, and providing state support for families, maternity, paternity, childhood, the disabled, and elderly citizens. It also outlines the development of a system of social services and the provision of state pensions, allowances, and other social security guarantees.
In addition, the Constitution addresses the roles and responsibilities of the President and the Government of the Russian Federation. It empowers the Chairman of the Government to determine the basic objectives and organize the work of the Government, in alignment with federal laws and presidential edicts. The Constitution also enables the delegation of powers between federal executive government bodies and constituent entities of the Russian Federation, provided it does not conflict with the Constitution and federal laws.
Overall, the Russian Constitution of 1993 provides a framework for safeguarding the rights and freedoms of citizens, shaping the country's social policies, and outlining the responsibilities of its government.
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It outlines the rights of victims of crimes and abuse of office
The Russian Constitution of 1993 outlines the rights of victims of crimes and abuse of office. It ensures that victims of crimes and abuses of office have their rights protected by law. The constitution guarantees that the state will provide victims with access to justice and compensation for any damage sustained. This includes the right to state compensation for damage caused by unlawful actions or inaction of state government bodies and their officials.
The constitution also establishes the right to life, protecting human dignity and prohibiting corporal punishment, torture, violence, and other cruel or humiliating treatment. It ensures the right to freedom and personal inviolability, stating that arrest, detention, and custody are permissible only under a court order. Furthermore, it guarantees the right to a fair trial, including the right to a qualified legal defence, with legal assistance provided free of charge in certain cases. The constitution upholds the principle of presumption of innocence, stating that an accused person is considered innocent until proven guilty in a court of law.
In addition to these protections, the Russian Constitution of 1993 also provides for the protection of foreign citizens and stateless persons, who are to enjoy rights and bear obligations on par with citizens of the Russian Federation, except in cases specified by federal law or international treaties. The constitution specifically addresses extradition procedures, stating that individuals persecuted for their political convictions or actions not recognised as crimes in Russia may not be extradited to other states.
The Russian Constitution of 1993 was enacted following a constitutional crisis in 1993, which saw a conflict between then-President Boris Yeltsin and the country's parliament. Yeltsin dissolved parliament and, with the adoption of the new constitution, consolidated power in the executive branch, creating a system of crown-presidentialism. The constitution has since undergone amendments, most recently in 2020, which altered sections on presidential terms, social policies, and the role of Russian law in relation to international laws.
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Frequently asked questions
The Russian Constitution of 1993 was created following the 1993 Russian constitutional crisis, a conflict between then-President Boris Yeltsin and the country's parliament. Yeltsin performed a self-coup, dissolving parliament and instituting a presidential rule by decree system.
The Constitution provides for human rights and freedoms of citizens according to universally recognised principles and norms of international law. It also ensures that citizens of the Russian Federation enjoy all rights and freedoms within its territory and bear equal responsibilities as outlined in the Constitution.
The Russian Federation is to be a social state, with policies aimed at creating conditions that ensure a worthy life and free development. It guarantees the protection of labour and health, a minimum wage, and state support for families, maternity, paternity, childhood, the disabled, and elderly citizens.
The Constitution specifies that the President is the Russian head of state, with the power to set domestic and foreign policy. The President also has the authority to determine the basic objectives of the Government of the Russian Federation and organise its work. The Constitution provides for a "strong presidency", with vast power over the executive, legislative, and judicial branches.
