Simone Lawson
The Constitution of the Russian Federation, which came into force on 25 December 1993, establishes human rights and freedoms, civic peace, and the sovereignty of the multinational people of the Russian Federation. It outlines the role of the President as the head of state and commander-in-chief of the armed forces, with the power to dissolve the State Duma and enact legislation. However, in reality, the Russian political system has been characterised as highly centralised around the President, with the 2020 constitutional amendments further concentrating power in the executive branch and the office of Vladimir Putin. This has led to concerns about the independence of the judiciary and the state of democracy in Russia, with some arguing that the constitution in practice is disconnected from the country's system of governance.
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What You'll Learn
The Russian Constitution of 1993
The constitution provides for a "strong presidency", with the president as the "Supreme Commander-in-Chief of the Armed Forces" and the power to dissolve the State Duma. It creates a system of crown-presidentialism, which affords the president vast powers to dominate executive, legislative, and judicial authority. The Russian Federation consists of republics, krays, oblasts, cities of federal significance, an autonomous oblast, and autonomous okrugs, with equal rights as constituent entities.
The constitution guarantees human rights and freedoms of citizens, in line with international law and norms. It ensures the right to renounce citizenship and protects labour and health, providing for a guaranteed minimum wage, state support for families, and the development of social services. It also emphasises the importance of preserving the cultural and historical heritage, protecting intellectual property, and guaranteeing access to education.
The latest significant reform occurred in 2020, with extensive amendments altering sections on presidential terms, social policies, and the role of Russian law over international ones. Prior to this, amendments were made in 2008, extending presidential and State Duma terms from four to six and five years, respectively.
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Amendments to presidential terms
The Russian Constitution of 1993 originally limited the president to two four-year terms in succession. In 2008, Medvedev, who was elected president that year, proposed an amendment to increase presidential terms from four to six years. This amendment was enacted in December 2008, and came into effect with the next term after the 2012 election.
In 2020, further amendments were made to the constitution, removing the "in a row" clause from the article regulating the maximum number of presidential terms. This change discounted previous presidential terms before the amendment came into force, allowing Putin to serve two further terms from 2024. The 2020 amendments also gave the State Duma the right to approve the Prime Minister's candidacy, and allowed the president to choose up to 10% of the Federation Council.
The 2020 amendments have been criticised as a form of self-coup, removing term limits on the presidency and granting Putin more authority. However, presidents have refrained from abolishing term limits entirely due to broad support for limits among the Russian people and the potential for political backlash.
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Human rights and freedoms
The Russian Constitution, which came into force in 1993, establishes a system of crown-presidentialism, granting the President vast powers to dominate executive, legislative, and judicial power. The Constitution provides for human rights and freedoms of citizens according to universally recognised principles and norms of international law, as well as those listed in the Constitution.
The Constitution guarantees freedom of religion and the equality of all religions before the law, as well as the separation of church and state. It also ensures freedom of speech and prohibits censorship in Article 29 of Chapter 2. However, in 2022, Russian journalist Alexander Nevzorov wrote that Russia's war censorship laws violated this provision.
The right to peaceful assembly is also enshrined in the Constitution, guaranteeing citizens the right to gather peacefully, without weapons, and to hold meetings, rallies, and demonstrations. The Constitution further provides for freedom of conscience, the right to education, and the freedom of literary, artistic, scientific, and technical creative activity.
In terms of social and economic rights, the Constitution stipulates that the Russian Federation shall be a social state, ensuring a worthy life and free development for its citizens. It guarantees labour rights, a minimum wage, and state support for families, maternity, paternity, childhood, the disabled, and elderly citizens. The Constitution also emphasises the importance of protecting land and natural resources, as well as the development of healthcare systems and access to education.
While the Constitution outlines these fundamental rights and freedoms, there have been concerns and reports of violations. For example, Amnesty International noted that peaceful protests were often dispersed by police with excessive force. Additionally, there have been reports of religious abuse and restrictions on the freedom of religion. The road towards a satisfactory human rights record in Russia is acknowledged to be challenging due to its long legacy of authoritarianism and various economic and social problems.
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Legislative, executive, and judicial authority
The Russian Federation's Constitution, enacted in 1993, establishes a system of crown-presidentialism, concentrating significant power in the office of the president across the executive, legislative, and judicial branches.
The President of the Russian Federation is the head of state, with the authority to set domestic and foreign policy and represent Russia internationally. The President is also the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation". The President holds the power to dissolve the State Duma, the lower house of the Federal Assembly, which is Russia's legislature. The President also has the authority to propose the removal of judges, nominate leadership throughout the courts, appoint the Prosecutor General and their deputies, and request constitutional reviews of draft legislation.
The Federal Assembly of Russia is the country's legislature, consisting of two chambers: the State Duma (lower house) and the Federation Council (upper house). The State Duma is the more powerful chamber, as it bears the primary responsibility for passing federal laws.
The judiciary in Russia is regulated by the Constitution, the Code of Criminal Procedure, and the 1996 Federal Constitutional Law on the Judicial System of the Russian Federation. The Constitution stipulates that the judicial branch is independent of the legislative and executive branches. The Constitutional Court of the Russian Federation interprets the Constitution and decides on the constitutionality of laws. It consists of 11 judges, with a quorum of 8, and is presided over by the President of the Court. The court hears cases referred by the President, the Federation Council, the State Duma, the Government, the Supreme Court, and other bodies of legislative or executive authority.
While the Constitution provides for an independent judiciary, there have been concerns and accusations regarding the executive branch's growing influence over the courts. Constitutional Court judges Vladimir Yaroslavtsev and Anatoly Kononov claimed in 2009 that the presidential executive office and security services had undermined judicial independence. The 2020 amendments to the Constitution were also criticized for broadening presidential authority over the judiciary and diminishing the courts' independence.
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Putin's constitutional legacy
The Russian Federation's Constitution, adopted in 1993, is one of the longest-standing constitutions in the country's history. It replaced the Soviet-era Constitution and abolished the Soviet system of government. The 1993 Constitution provides for human rights, freedoms, and social welfare, and establishes a strong presidency with vast powers.
Under Vladimir Putin's rule, the Russian Constitution has undergone significant changes, with Putin leaving a lasting constitutional legacy. In 2020, Putin initiated constitutional reforms that altered various sections, including presidential terms, social policies, and the role of Russian law over international laws. These reforms were seen as a way to extend Putin's rule beyond 2024, when his current term was set to end. The reforms included a provision to reset the term count for Putin, allowing him to run for two more terms after 2024 and potentially remain in power until 2036.
Additionally, Putin's constitutional reforms have been criticized for striking against democratic core principles. The reforms affect the separation of powers, the independence of the judiciary, and the secular state. Putin has also upgraded the status of ethnic Russians, referring to Russian as the language of the state-forming people, which has alienated the country's non-Russian inhabitants.
Overall, Putin's constitutional legacy in Russia has been characterized by a concentration of power in the presidency and a departure from democratic ideals. The changes made to the 1993 Constitution have transformed it into what some call the "`Putin Constitution," shaping the country's political landscape for years to come.
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Frequently asked questions
The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. It establishes human rights and freedoms, civic peace, and accords, preserving the historically established state unity.
The Russian Constitution provides for a "strong presidency", with the President as the Supreme Commander-in-Chief of the Armed Forces and the power to dissolve the State Duma. In reality, Putin's amendments have been seen as a return to Soviet practices, with a highly personalized system of rule, elevating ethnic Russians, and allowing the Constitutional Court to reject international law, compromising the division of powers.
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 have been criticised for their inconsistencies and for transforming a forward-looking document into a defensive one.
