Russia's Constitution: A Federal Semi-Presidential System Explained

The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993 and enacted ten days later, abolishing the Soviet system of government. The Constitution establishes a system of crown-presidentialism, which affords the office of the president vast power to dominate executive, legislative, and judicial power. The Russian Constitution has been revised several times since its inception, with the most recent significant reform occurring in 2020, marked by extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international ones.

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Presidential powers

The Russian Constitution of 1993 set up 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 not defined as part of the executive branch, though he oversees it. This means that the Russian president is structurally accountable to fewer forces than leaders in other democratic countries, such as the US president, who heads the executive branch and belongs to a political party.

The Russian president determines the basic direction of Russia's domestic and foreign policy and represents the Russian state within the country and in foreign affairs. The president appoints and recalls Russia's ambassadors upon consultation with the legislature, accepts the credentials and letters of recall of foreign representatives, conducts international talks, and signs international treaties. The president also appoints justices of federal district courts, including the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration.

The president is empowered to declare national or regional states of martial law, as well as states of emergency. In both cases, both chambers of parliament must be notified immediately, and the Federation Council, the upper chamber, has the power to confirm or reject such a decree.

The president is also responsible for appointing the prime minister, with the consent of the State Duma, and can dismiss the entire government. The president can also appoint or remove other government members, including deputy prime ministers, upon the advice of the prime minister.

Legislative and judicial bodies

The Russian Constitution of 1993 establishes a system of crown-presidentialism, which grants the office of the president significant authority over the executive, legislative, and judicial branches of government. The legislative and judicial bodies function as follows:

Legislative Bodies

The Federal Assembly, Russia's legislative body, is made up of two chambers: the Council of Federation and the State Duma. The Council of Federation is led by a Chairman and their deputies, who are elected from among the chamber's members. Similarly, the State Duma elects its Chairman and deputies from among its members. These leaders chair sessions and manage the internal affairs of their respective chambers.

The legislative chambers can hold joint sessions to hear messages from the President, the Constitutional Court, and foreign state leaders. The chambers also establish committees and commissions and conduct parliamentary hearings on issues within their purview.

The State Duma is responsible for adopting federal laws by a majority vote of its deputies. These laws are then submitted to the Council of Federation for examination and approval. The legislative bodies also play a role in managing the federal budget, with the Council of Federation and the State Duma jointly establishing the Accounts Chamber to oversee budget implementation.

The Government of the Russian Federation, which includes the Prime Minister, Deputy Prime Ministers, and Federal Ministers, also has legislative powers. It can initiate legislation and submit draft laws to Parliament, including those related to taxation and financial obligations, with the consent of the State Duma.

Judicial Bodies

The Constitutional Court of the Russian Federation is responsible for issuing resolutions on matters such as charges of treason or other grave crimes against the President. The Supreme Court of the Russian Federation is the highest judicial body for civil cases, economic disputes, criminal cases, and administrative matters. It supervises the activities of lower courts and provides interpretations on issues of court procedure.

The Constitution has undergone amendments, including the elimination of the Higher Arbitration Court from the judicial system in 2014, necessitating changes to the Constitution to reflect this. The selection of judges for the Constitutional Court and the Supreme Court is also mentioned as falling under the jurisdiction of the Council of Federation.

Federal structure

The Russian Constitution establishes a federal structure, with the country officially known as the Russian Federation. This federal system is composed of various "federal subjects" or "constituent entities", which include republics, krais, oblasts, cities of federal significance, an autonomous oblast, and autonomous okrugs. These entities are guaranteed equal rights under the constitution.

The number of federal subjects has changed over time, with 89 in 1993, 83 by 2008 due to mergers, and the controversial addition of Crimea and the Republic of Crimea in 2014, which are not recognised internationally as Russian territory. During the 2022 Russian invasion of Ukraine, Russia also claimed to have annexed four Ukrainian oblasts, but these remain only partially under Russian control and are still internationally recognised as Ukrainian.

The federal structure of Russia grants a degree of autonomy to the various federal subjects, with republics having the most autonomy. This structure was established during the ""parade of sovereignties" in 1992, when the Russian regions signed the Federation Treaty, regulating the inner composition of Russia and the division of powers between the federal government and the constituent entities.

The federal structure is overseen by the Federal Assembly, which is the country's legislature. It consists of two chambers: the Council of Federation (upper house) and the State Duma (lower house). Each federal subject has equal representation in the Council of Federation, with two delegates each. The State Duma, on the other hand, passes federal laws by a majority vote of its total number of deputies. These laws are then examined by the Council of Federation, which can approve them through a vote or by not examining them within 14 days.

The Federal Assembly also has responsibilities related to the federal budget, such as monitoring its implementation through the Accounts Chamber, which it establishes with the Council of Federation. The Assembly must also ensure a uniform financial, credit, and monetary policy across the Russian Federation.

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Amendments

The Russian Constitution of 1993 established a system of crown-presidentialism, which grants the president's office significant authority over the executive, legislative, and judicial branches of government. This system replaced the previous Soviet-era Constitution of 1978 and is one of the longest-standing constitutions in Russian history.

The Russian Constitution has undergone several amendments since its enactment, with the most recent significant reform occurring in 2020. Here are some key details about the amendments:

• The 2020 amendments altered various sections of the constitution, including presidential terms, social policies, and the role of Russian law over international laws.
• 41 articles were rewritten, 5 new articles were added, and around 60% of the articles were altered, excluding certain chapters that require a Constituent Assembly to make changes.
• The amendments addressed the "`2024 problem" regarding the end of Vladimir Putin's presidential term. By removing the "in a row" clause regulating presidential terms, Putin was allowed to run for reelection in 2024, despite previously stating he would not change the Constitution to extend his presidency.
• The amendments also focused on redistributing power among the branches of government, moving away from the super-presidential system established in 1993 and creating a new system based on checks and balances.
• Other changes included updating the text to include annexed territories following the 2022 invasion of Ukraine and eliminating the Higher Arbitration Court in 2014, requiring amendments to reflect changes in the judicial system.
• The procedure for amending the Constitution is outlined in Chapter Nine, and proposals for amendments can be submitted by various government bodies, including the President, the Council of Federation, and the State Duma.

Human rights

The Russian Constitution, which came into force on 25 December 1993, abolished the Soviet system of government and established a system of crown-presidentialism, which affords the President vast powers to dominate executive, legislative, and judicial power. The Constitution also sets out the basic rights and freedoms of the people of the Russian Federation.

The 1990s were a relatively favourable time for the promotion of human rights in the Russian Federation. During this time, there was a dramatic rise in political participation, the birth of new human rights institutions at the national level, and the establishment of non-governmental organisations (NGOs). However, under President Vladimir Putin (2000-2008), there was an adoption of laws that significantly reduced the civil and political rights of Russia's citizens. There were increasing reports of human rights violations, including attacks on demonstrators organised by local authorities, and the imprisonment of human rights activists, such as Server Mustafayev, the founder of Crimean Solidarity.

Russia's judiciary has been criticised by Amnesty International as being subject to manipulation by political authorities. Top judges are appointed by the Federation Council upon nomination by the President of Russia. There have been reports of judges who did not follow "orders from above" and were assaulted or removed from their positions. Russia's prison system has also been described as troubled, with issues such as overcrowding, disease, and lack of medical care contributing to the estimated 11,000 inmate and prison detainee deaths that occur annually.

Despite these challenges, Russia has been a member of the Council of Europe since 1996 and has obligations related to human rights. The country has established a Human Rights Commissioner, or Ombudsman, a position provided for in the Constitution and required of all members of the Council of Europe.

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