Eleanor Finch
The first Russian Constitutional Court was established in 1991, following the dissolution of the USSR and the subsequent overhaul of the judiciary under Boris Yeltsin. However, the court's existence was short-lived, as it was suspended by Yeltsin in 1993 amid the Russian constitutional crisis. This crisis saw Yeltsin clash with the court, which ruled that some of his proposed measures were unconstitutional, leading to an impeachment vote and a period of dual power with two presidents and two ministers of defence, security, and interior. The court was ultimately dissolved, with a new Constitutional Court Act adopted in 1994, and the new court commencing work in 1995.
| Characteristics | Values |
|---|---|
| Date of failure | 24 December 1993 |
| Reason for failure | Yeltsin's decree described the court as "in deep crisis" |
| Date of first Constitutional Court | Mid-1990 |
| Date of dissolution | End of 1991 |
| Date of new Constitutional Court Act | July 1994 |
| Date new Constitutional Court started working | February 1995 |
| Date of Yeltsin's televised address | 21 September 1993 |
| Date of Constitutional Court ruling against Yeltsin | 23 March 1993 |
| Date of impeachment vote | 25 April 1993 |
| Date of first bloody clashes | 28 September 1993 |
| Date of Yeltsin's decree ceasing to report on Constitutional Court decisions | 1993 |
| Date of Russia joining CoE | 1996 |
| Date of Russia leaving CoE | March 2022 |
| Date of Putin's amendments | 2020 |
Explore related products
What You'll Learn
Yeltsin's decree
On October 7, 1993, Russian President Boris Yeltsin issued a decree suspending the work of the Constitutional Court, declaring it to be "in deep crisis". This decree was a significant moment in the 1993 Russian constitutional crisis.
On December 24, 1993, Yeltsin issued another decree, repealing the Constitutional Court of the RSFSR Act, which had been adopted on July 12, 1991. This Act had provided for the creation of the Constitutional Court, which started functioning in November 1991. The Court was made up of 11 judges, including a President and Deputy President, and its primary objective was to protect the Constitution and exercise "constitutional control" or "constitutional supervision".
The new Constitutional Court Act was adopted in July 1994, but the Court only began working in February 1995 due to delays in appointing judges. This period of suspension of the Court's activities, from 1993 to 1995, was a result of Yeltsin's decrees and the political crisis that unfolded.
The First Trophic Level: Producers and Primary Consumers
You may want to see also
The 1993 Russian constitutional crisis
In the early 1990s, Russia was undergoing significant political and economic changes following the dissolution of the Soviet Union in 1991. Yeltsin, who had been elected Chair of the Congress of People's Deputies in 1990, implemented an economic reform program in 1992, which led to skyrocketing prices, slashed government spending, and heavy new taxes. These reforms caused a deep credit crunch that shut down many industries and led to a protracted depression.
As a result of the economic turmoil, Yeltsin faced opposition from the legislature, which was controlled by the Communist Party. On September 21, 1993, Yeltsin dissolved the legislature, leading to protests and the occupation of the parliament building by Yeltsin's political opponents. The Congress of People's Deputies responded by impeaching Yeltsin and declaring Vice President Aleksandr Rutskoi as president. Yeltsin then suspended the work of the Constitutional Court, which had ruled that Yeltsin's actions were unconstitutional and that he could be impeached.
On October 3, 1993, clashes broke out between pro-parliament demonstrators and riot police, resulting in hundreds of casualties. The conflict culminated in the storming of the parliament building by troops, with 147 people killed and 437 wounded, making it the deadliest single event of street fighting in Moscow's history since the October Revolution.
In the aftermath of the crisis, Yeltsin consolidated his power and pushed through a new constitution, which was approved by referendum in December 1993. The new constitution created a bicameral parliament, with a State Duma and a Federation Council, and granted sweeping powers to the presidency. Yeltsin's actions during the crisis were seen as a step towards authoritarianism and away from the path of democratic reform.
The Lone Star State's Founding Fathers and Their Constitution
You may want to see also
The court's power struggle
The power struggle of Russia's Constitutional Court has been ongoing since the establishment of the country's first Constitutional Court in 1991. The clash between the Constitutional Court and the regular courts has been a long-standing issue, with the Constitutional Court seeking to expand its jurisdiction through broad interpretations of its powers under the Constitution. This has led to criticism of the Constitutional Court's decisions as being poorly reasoned and contrary to the letter and history of the jurisdictional grants set out in the Constitution.
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia that is empowered to rule on the constitutionality of laws and presidential decrees. The Court's objective is to protect the Constitution and exercise "constitutional control" or "constitutional supervision". The Court consists of 11 judges, including the President and Deputy President, who are nominated by the President of Russia and appointed by the Federation Council.
The power struggle of the Constitutional Court came to a head during the 1993 Russian constitutional crisis. On 28 September 1993, Moscow saw the first bloody clashes between the special police and anti-Yeltsin demonstrators. The Constitutional Court held that Yeltsin had violated the constitution and could be impeached, leading to a period where Russia had two presidents and two ministers of defence, security, and interior. Yeltsin eventually suspended the work of the Constitutional Court in October 1993, declaring it to be "in deep crisis".
The struggle between the Constitutional Court and the regular courts continued even after the 1993 crisis. In 1998, the Constitutional Court began a campaign to expand its jurisdiction, and this campaign has continued with recent decisions claiming even broader jurisdiction. This has led to criticism of the Court's decisions as overstepping the boundaries set out in the Constitution.
The Constitution's First Crisis: What Happened?
You may want to see also
Explore related products
The court's suspension and reinstatement
The suspension of the Constitutional Court
On October 7, 1993, during the 1993 Russian constitutional crisis, Boris Yeltsin, Russia's first president, issued a decree suspending the work of the Constitutional Court, citing that the Court was "in deep crisis". This decree was followed by another presidential decree on December 24, which repealed the Constitutional Court of the RSFSR Act, effectively disbanding the Court.
The 1993 Russian constitutional crisis
The crisis was marked by a power struggle between Yeltsin and the parliament, with the Constitutional Court caught in the middle. The Court had ruled against Yeltsin on several occasions, including declaring some of his proposed measures as unconstitutional and supporting the parliament's push for a referendum to impeach him. This led to a tense political standoff that escalated into armed conflict in October 1993, resulting in Yeltsin taking decisive action against the Court.
The Court's reinstatement
In July 1994, a new Constitutional Court Act was adopted, paving the way for the re-establishment of the Court. However, the new Court did not begin functioning until February 1995 due to delays in the appointment of judges. The Federation Council of Russia, responsible for appointing judges, initially refused to appoint judges nominated by Yeltsin, leading to a period of inactivity for the Court.
The new Constitutional Court
The reinstated Court consisted of 11 judges, including a President and a Deputy President. The judges were nominated by the President of Russia and appointed by the Federation Council for an indefinite term, with age limits being 70 for regular judges and 76 for the Deputy President. The President of the Court had no age limit. The Court's primary objective was to protect the Constitution and rule on the constitutionality of laws and presidential decrees.
The Constitution's Opening: Democracy's Foundation
You may want to see also
The court's impartiality
The impartiality of Russia's Constitutional Court has been questioned at various points in history, often due to political interference and the influence of the executive.
The Court's inception in 1991, following the Constitutional Control in the USSR Act of 1989, was a significant step towards judicial independence. The 1991 reforms aimed to empower the Court to declare legislative and executive acts unconstitutional and provide judges with more independence from prosecutors. However, the Court soon became embroiled in political conflicts.
During the 1993 Russian constitutional crisis, the Court ruled against President Boris Yeltsin, finding that some of his proposed measures were unconstitutional. Yeltsin responded by suspending the Court's work, claiming it was "in deep crisis". This interference set a precedent for executive influence over the Court.
In 1994, a new Constitutional Court Act was adopted, but the Court's functioning was delayed due to disagreements over the appointment of judges. This highlighted the Court's vulnerability to political manipulation through the appointment process.
Under Vladimir Putin's regime, the Court has been criticised for allegedly serving as a tool to target critics and stifle dissent. Putin's amendments to the 2020 constitution have been accused of severely limiting the constitution's ability to serve as a statement of founding legal principles. Putin's changes reportedly undermined the original democratic and law-based aspirations of the 1993 constitution, introducing contradictions and reinforcing state preeminence.
The Court has also been drawn into politics through amendments that allow the president to seek its determination on the constitutionality of laws when the legislature overturns a presidential veto. This dynamic potentially compromises the Court's impartiality by encouraging it to favour the executive branch.
In conclusion, while the Constitutional Court of Russia was established to provide judicial independence and oversight, its history has been characterised by political interference and questions surrounding its impartiality. The Court's decisions and functioning have often been influenced by the executive, particularly during periods of political crisis and through the appointment and amendment processes.
The Birthplace of Democracy: Where Constitutions Began
You may want to see also
Frequently asked questions
The first Russian Constitutional Court was created in 1991, following the dissolution of the USSR and Boris Yeltsin's support for a comprehensive judiciary overhaul.
The purpose of the first Russian Constitutional Court was to introduce judicial review, allowing the court to declare legislative and executive acts unconstitutional.
The first Russian Constitutional Court functioned from 1991 until October 1993, when it was suspended by a decree from President Yeltsin, who claimed the Court was "in deep crisis".
After the suspension of the first Russian Constitutional Court, a new Constitutional Court Act was adopted in July 1994, but the new Court did not start working until February 1995 due to delays in appointing judges.
The first Russian Constitutional Court failed due to political interference and a lack of independence from the executive branch. The Court became embroiled in the 1993 Russian constitutional crisis, where it publicly condemned some of President Yeltsin's decrees as unconstitutional, leading to impeachment proceedings against him.
