Russia's Constitution: Adopted When And How?

The current Russian Constitution, also known as the Constitution of the Russian Federation, was adopted on December 12, 1993, through a national referendum and enacted on December 25, 1993, marking the abolition of the Soviet system of government. The constitution outlines a strong presidency, with the president acting as the Supreme Commander-in-Chief of the Armed Forces and possessing the authority to dissolve the State Duma. It establishes a Federal Assembly consisting of two chambers: the State Duma (lower house) and the Federation Council (upper house). The constitution has undergone significant amendments over the years, most notably in 2020, which altered provisions related to presidential terms, social policies, and the precedence of Russian law over international laws.

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The 1993 Constitution

The current Russian Constitution, also known as the Constitution of the Russian Federation, was adopted on 12 December 1993 through a national referendum and enacted on 25 December 1993. It is one of the longest-standing constitutions in Russian history, second only to the Soviet Union's 1936 Constitution. The 1993 Constitution was drafted by the 1993 Constitutional Conference, which was attended by over 800 participants.

Additionally, the 1993 Constitution addresses the status of municipal and subsidiary unit governments within the Russian Federation. It outlines the procedure for determining the status of various administrative divisions, such as krais, oblasts, and autonomous okrugs. The Constitution also establishes the state flag, emblem, and anthem of the Russian Federation, as well as designating Moscow as the national capital.

Overall, the 1993 Constitution of the Russian Federation sets out the framework for the country's government, legislative process, and protection of citizens' rights and freedoms. It has undergone revisions over the years, including in 2014 and 2020, but remains the foundational document governing the Russian political system.

Amendments in 2014

The current Russian Constitution was adopted by a national referendum on 12 December 1993 and enacted on 25 December 1993. It 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 Constitution of Russia has undergone several amendments since its ratification in 1993. In early 2014, eight amendments were ratified, and one was repealed, resulting in significant changes to the country's judicial system. The Higher Arbitration Court, which was mentioned in the Constitution, was eliminated from the Russian judicial system in February 2014. Along with this, the Supreme Arbitration Court was also dissolved in 2014, and its jurisdiction was transferred to the Supreme Court. This expansion of duties led to an increase in the number of seats in the Supreme Court from 115 to 170.

Furthermore, amendments were made to Article 65 of the Constitution, which determines the composition of the Russian Federation. These amendments were introduced based on changes in the constitutional and legal status of a constituent entity of the Federation. The amendments also established the right to local self-government in the Russian Federation, guaranteed by legal protection and compensation for expenses arising from decisions made by state government bodies.

The procedure for amending the Constitution is outlined in Chapter Nine, which states that updates to Chapters 3 to 8 of the Constitution shall be adopted as federal constitutional law and must be approved by legislative authorities comprising at least two-thirds of the Federation's constituent entities.

2020 changes

The current Russian Constitution was adopted on 12 December 1993 and enacted on 25 December 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.

On 19 December 2019, President Vladimir Putin announced possible amendments to the Constitution, which he proposed during his address to the Federal Assembly on 15 January 2020. The draft amendments were submitted to a referendum, legally referred to as an All-Russian vote. The referendum resulted in sweeping changes to the Constitution, including allowing Putin to potentially extend his presidency until 2036.

The 2020 amendments addressed the "2024 problem", which referred to the end of Putin's presidential term in that year. The changes removed the word "consecutive" from the clause limiting the term of ruling the country to "two consecutive terms". This allowed Putin to run for two more six-year presidential terms. Additionally, the State Duma gained the right to approve the Prime Minister's candidacy and appoint candidates for Deputy Prime Minister and Federal Minister.

The 2020 changes also included conservative social measures, such as constitutionally banning same-sex marriage and ensuring patriotic education in schools. The amendments further emphasised the supremacy of Russian law over international law. The right of the Constitutional Court to block the implementation of decisions of international organisations on grounds of unconstitutionality was affirmed.

On 16 March 2020, a petition was posted on Change.org by 128 Russian lawyers, political scientists, and human rights defenders. The petition requested a legal assessment of the amendments to the Constitution and garnered over 200,000 signatures by 27 May. The Council of Europe decided to send the request to the Venice Commission to check for compliance with European and international standards of democracy, the rule of law, and Russia's legal obligations as a Council of Europe member.

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Presidential powers

The current Russian Constitution, which came into force on 25 December 1993, outlines extensive presidential powers. The constitution was adopted by national referendum on 12 December 1993, abolishing the Soviet system of government. It 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 Russian Constitution provides for a "strong presidency". The President of Russia is the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation". Notably, the President has the power to dissolve the State Duma, which is the lower house of the Federal Assembly of Russia, the country's legislature. While a bill may originate in either the State Duma or the upper house, the Federation Council, it must first be considered by the State Duma and passed by a majority vote before being turned over to the Federation Council. If the Federation Council adopts the bill, it must be signed by the President to become law. The President has the final veto power, but the State Duma and Federation Council can override this with a two-thirds vote.

The President also has the power to submit bills to the Federal Assembly. This is in addition to the power held by the State Duma, the Federation Council, the government, local legislatures, the Supreme Court, the Constitutional Court, and the High Arbitration Court to propose legislation. The Russian Constitution thus provides a strong role for the President in the legislative process.

The 1993 Constitution has been criticised as being born out of violence and political exhaustion, retaining a strong pro-statist orientation. This has been exploited by Vladimir Putin during his two decades in power, including through his 2020 constitutional amendments that altered various sections, including presidential terms. These amendments have been characterised as undermining the basic guiding principles of the 1993 Constitution and have introduced contradictions that further convert the constitution into a defensive document that relies on informal rules.

Judicial powers

The current Russian Constitution was adopted on 12 December 1993 and enacted on 25 December 1993, abolishing the Soviet system of government. The constitution was drafted by the 1993 Constitutional Conference, which was attended by over 800 participants. It 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 Russian Federation Constitution enumerates a strong and independent judicial branch. It provides for judicial immunity, lifetime appointments or "irremovable" justices, and the supremacy of the courts to administer justice. Judges need only submit to the constitution and federal law, and Article 123 provides for open and fair trials, as well as equal application of the law.

The Constitution outlines the establishment of a system of federal legislative, executive, and judicial bodies, as well as the procedure for their organisation and activities. It also covers the formation of federal state government bodies and federal state property and administration.

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. The State Duma is the lower house of the Federal Assembly of Russia, which is the legislature. The State Duma is responsible for passing federal laws and any bill must be considered and adopted by a majority vote in the State Duma before being turned over to the upper house, the Federation Council. If the Federation Council adopts the bill, it must be signed by the President to become law.

The Constitution also enumerates the basic rights and freedoms of the people, which should not be interpreted as a denial or diminution of other universally recognised human and civil rights and freedoms. It states that no laws must be adopted that abolish or diminish human and civil rights and freedoms. These rights and freedoms may be limited by federal law only to the extent necessary for the protection of the basis of the constitutional order, morality, health, rights, and lawful interests of other people, and for ensuring the defence of the country and the security of the state.

The latest significant reform of the Constitution occurred in 2020, with extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international ones. These amendments touched on approximately 60% of the Constitution, leaving behind a more disjointed presentation of Russia's highest law.

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