Unit 8 The Constitution of the Russian Federation

Before you read

Discuss these questions.

1. Have you read the current Russian Constitution?

Can you compare it with the former one?

2. What was the reason of changing the Constitution in Russia during the 20^th century?

3. Can you give any examples of the “work” of the Russian Constitution?

4. Is there any need for a constitutional reform in Russia at present?

The New Russian Constitution

The Constitution of the Russian Federation is the supreme normative legal act, holding the highest juridical power, superiority, and direct action on the Russian territory. All laws and other legal acts adopted in Russia must comply with the Constitution.

The Russian Federation enacted the Constitution on 12 December 1993. The Russian Constitution, approved by the state referendum, is the basis of the Russian constitutional law and the most important source of domestic law. The Constitution provides for a federal state and introduces the concept of separation of powers. The Constitution provides for the separation of executive, legislative and judicial power. The legislature is structured as a parliament. The main legislative body, the Federal Assembly, is composed of two chambers – the Federation Council (the upper house) and the State Duma (the lower house). The Constitution deals with such matters as the national territory, the President, the Legislature, the Executive, the Judiciary of the Russian Federation and, of course, the fundamental rights.

It is commonly said, that the executive branch consists of the President, elected directly by people for a four-year term, and the Government. However, the President of the Russian Federation states separate to the executive power. The President is the guarantee of the Constitution and possesses some executive, legislative and judicial powers.

Amendments to the Constitution

The Government is responsible before the President and is headed by a Head of the Government (unofficially called a Prime-Minister), who is nominated by the President and confirmed by the State Duma.

The Russian Constitution is a rigid Constitution as to the complex procedure of adopting the amendments to the Constitution. The Federal Law No. 33-FZ On the Procedure for the Approval and Entry Into Force of the Amendments to the Constitution of the Russian Federation, dated 4 March 1998, together with the Constitution establishes the procedure and conditions for making, adopting and approving amendments, as well as their entry into force. The Constitution cannot be altered by the State Duma alone. The Constitution can be amended as follows:

• Every proposal for an amendment must be initiated by the President of the Russian Federation, by the Federation Council, by the State Duma, by the Government of the Russian Federation, by legislative bodies of the subjects of the Russian Federation and by the group of not less than 1/5 deputies of the Federation Council and the State Duma.

• The Constitution provides that Bases of the Constitutional Principles, Rights and Obligations of People and Amendments to the Constitution and Revision of the Constitution cannot be changed by the Federal Assembly (both the State Duma and the Federation Council). In the event a proposal to revise any of the above provisions is supported by three-fifths of the total number of deputies of the Federation Council and the State Duma, a Constitutional Assembly shall be convened in accordance with the federal constitutional law. The Constitutional Assembly may either confirm the inviolability of the Constitution of the Russian Federation or develop a new draft of the Constitution of the Russian Federation, which shall be adopted by two-thirds of the total number of deputies to the Constitutional Assembly or submitted to referendum. The Constitution of the Russian Federation shall be considered adopted during such poll if more than half of its participants have voted for it, provided more than half of the electorate has taken part in the poll.

• Any other provision of the Constitution may be amended whether by variation, addition or repeal.

Certain modifications in the names of the subjects of the Russian Federation were brought in by the Decrees of the President of the Russian Federation, dated 9 January 1996, 10 February 1996 and 9 June 2001. The Ruling of the Constitutional Court of the Russian Federation No. 15-P, dated 28 November 1995, empowered the President of the Russian Federation to adopt decrees on changing the names of the subjects of the Russian Federation, that is to be based on the decision of the correspondent subject of the Russian Federation.