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Constitution of Russia
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| Constitution of the Russian Federation | |
|---|---|
A special copy of the text of the Constitution of the Russian Federation, on which the President of the Russian Federation takes the oath | |
| Overview | |
| Original title | Конституция Российской Федерации |
| Jurisdiction | Russian Federation |
| Ratified | 12 December 1993 |
| Date effective | 25 December 1993 |
| System | Federal semi-presidential republic |
| Government structure | |
| Branches | Three |
| Head of state | President |
| Chambers | Bicameral (Federal Assembly: Federation Council, State Duma) |
| Executive | Prime Minister-led Government |
| Judiciary | Judiciary (Constitutional Court, Supreme Court) |
| Federalism | Federation |
| Electoral college | No |
| Entrenchments | 9 |
| History | |
| First legislature | 12 December 1993 |
| First executive | 9 August 1996 |
| Amendments | 4 (plus 11 alternations on Federal subjects) |
| Last amended | 4 July 2020 |
| Location | Kremlin, Moscow |
| Commissioned by | Constitutional Conference |
| Signatories | Constitutional referendum by the citizens of Russia |
| Supersedes | Constitution of the RSFSR |
| Full text | |
The Constitution of the Russian Federation (Russian: Конституция Российской Федерации, romanized: Konstitutsiya Rossiyskoy Federatsii) was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections, including presidential terms, social policies, and the role of Russian law over international ones. (See 2020 amendments to the Constitution of Russia).
Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of government. The 1993 Constitution 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 text was drafted by the 1993 Constitutional Conference, which was attended by over 800 participants. Sergei Alexeyev, Sergey Shakhray, and sometimes Anatoly Sobchak are considered as the primary co-authors of the constitution. The text was inspired by Mikhail Speransky's constitutional project and the current French constitution.[1] The USAID-funded lawyers also contributed to the development of the draft.[2]
It replaced the previous Soviet-era Constitution of 12 April 1978, of the Russian Soviet Federative Socialist Republic (which had already been amended in April 1992 to reflect the dissolution of the Soviet Union and the sovereignty of the Russian Federation), following the 1993 Russian constitutional crisis.
Structure
[edit]The constitution is divided into two sections. Overall it creates a system of crown-presidentialism (see Partlett 2022[3] for details), which affords vast power to the office of the president to dominate executive, legislative, and judicial power.[3]
Preamble
[edit]We, the multinational people of the Russian Federation, united by a common fate on our land, establishing human rights and freedoms, civic peace and accord, preserving the historically established state unity, proceeding from the universally recognized principles of equality and self-determination of peoples, revering the memory of ancestors who have conveyed to us the love for the Fatherland, belief in the good and justice, reviving the sovereign statehood of Russia and asserting the firmness of its democratic basic, striving to ensure the well-being and prosperity of Russia, proceeding from the responsibility for our Fatherland before the present and future generations, recognizing ourselves as part of the world community, adopt the Constitution of Russian Federation.[4]
Section One
[edit]- The Fundamentals of the Constitutional System (Russian: Основы конституционного строя)
- Rights and Freedoms of Man and Citizen (Russian: Права и свободы человека и гражданина)
- The Federal Structure (Russian: Федеративное устройство)
- The President of the Russian Federation (Russian: Президент Российской Федерации)
- The Federal Assembly (Russian: Федеральное Собрание)
- The Government of the Russian Federation (Russian: Правительство Российской Федерации)
- Judicial Power and Procuracy (Russian: Судебная власть и прокуратура)
- Local Self-Government (Russian: Местное самоуправление)
- Constitutional Amendments and Review of the Constitution (Russian: Конституционные поправки и пересмотр Конституции)
Section Two
[edit]- Concluding and Transitional Provisions (Russian: Заключительные и переходные положения)
Provisions
[edit]Especially on human rights and fundamental freedoms, the Constitution provides for human rights and freedoms of citizens according to the universally recognised principles and norms of international law as well as to their listing in the Constitution.[5] (It affirms that the listing in the Constitution of the Russian Federation of the fundamental rights and freedoms shall not be interpreted as a rejection and derogation of other universally recognised human rights and freedoms.)[6]
Executive
[edit]
The Constitution of the Russian Federation specifies that the President is the Russian head of state, setting domestic and foreign policy and representing Russia both within the country and internationally [Article 80].[7] While the original constitution stipulated a four-year term and a maximum of two terms in succession, the current constitution decrees a six-year term. The four-year term was in effect while Vladimir Putin served his first and second terms; with the two-term limit, he was barred from the presidency in 2008. Instead, he served as Prime Minister while Dmitry Medvedev served as president for four years. Putin was re-elected to his third term in 2012; with the six-year term, he was elected to his fourth term in 2018. Article 81 specifies the method of election, including a secret ballot; Articles 82–93 detail powers, responsibilities, and limitations of the presidency. The constitution provides for a "strong presidency"; not only is the president the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation",[8] the president also has the power to dissolve the State Duma.[9]
Legislative branch
[edit]The legislature is the Federal Assembly of Russia, which consists of two chambers: the State Duma (the lower house) and the Federation Council (the upper house). The two chambers possess different powers and responsibilities: the State Duma is of more significance, as it carries the main responsibility for passing federal laws. Although a bill may originate in either legislative chamber (or be submitted by the President, government, local legislatures, Supreme Court, Constitutional Court, or High Arbitration Court), it must be first considered by the State Duma and be adopted by a majority vote before being turned over to the Federation Council, which has 14 days to take a vote on it. If the bill is adopted by the Federation Council, it must be signed by the President to become law. If rejected by the Federation Council, the bill will be returned to the State Duma, which can then override the council's rejection by passing it again with a two-thirds vote in the same form. The President has a final veto, but the State Duma and Federation Council also have an overriding power by passing with a two-thirds vote.
Judiciary
[edit]While the Russian Federation Constitution enumerates a strong and independent judicial branch, the reality is a question of debate. The constitution provides for judicial immunity, lifetime appointments/"irremovable" justices, the supremacy of the courts to administer justice, and affirms that judges need only submit to the constitution and the federal law.[10] Additionally, Article 123 provides for open and fair trials, as well as equal application of the law.[11] The Constitution originally delineated three main courts: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Arbitration Court. However, the Supreme Arbitration Court was dissolved in 2014, and its jurisdiction was transferred to the Supreme Court. Judges for each court are appointed by the Federation Council, based on proposals made by the President of Russia. This appointment process includes formal vetting but remains subject to executive influence[10] The Constitution requires 19 judges for the Constitution Court,[10] but does not specify the number of justices for the other courts. As of 2002, the Supreme Court has 115 members;[12] due to the expansion of duties in 2014, the number of seats was increased to 170.[13] In September 2014, the Institute of Modern Russia reported that the Russian Federation's Supreme Arbitration Court had been dissolved and that judicial matters previously under its authority had been transferred to the jurisdiction of the Supreme Court.[13]
Amending the Constitution
[edit]The procedure for amending the Constitution is outlined in Chapter Nine. Proposals on amendments to and revision of the provisions of the Constitution of the Russian Federation may be submitted by the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, and by groups consisting of not less than one fifth of the members of the Council of Federation or of the deputies of the State Duma.
Article 137 covers updating the provisions of Article 65 of the Constitution of Russia. An update regarding the change of the name of the subject of the Russian Federation is carried out by a decree of the President of Russia on bringing the name of the subject of the Russian Federation in the text of the Constitution of the Russian Federation in accordance with the decision of the subject of the Russian Federation. An update regarding changes in the subject composition of the Russian Federation is carried out in accordance with the federal constitutional law on the admission to the Russian Federation and the formation of a new constituent entity of the Russian Federation, on changes in the constitutional and legal status of the constituent entities of the Russian Federation, which should contain an indication of the inclusion of relevant changes or additions to Article 65 of the Constitution of Russia.
Article 136 covers updating the provisions of chapters 3, 4, 5, 6, 7, and 8 of the Constitution of Russia. An update is carried out in the form of a special act: a law of the Russian Federation on amendments to the Constitution, which is adopted by the parliament similarly to the federal constitutional law, but then also requires ratification by the legislative bodies of the constituent entities of the Federation. Moreover, one law of the Russian Federation on the amendment to the Constitution covers interrelated changes to the constitutional text; the law itself receives a name reflecting the essence of this amendment.
Article 135 covers updating the provisions of chapters 1, 2, and 9 of the Constitution of Russia. An update to any of these chapters is considered a revision of the Constitution's fundamental provisions, which is possible only through the adoption of the new Constitution of the Russian Federation by the Russian Constitutional Assembly or by popular vote.[14]
Analysis of Russian officials' speeches shows an interesting trend. Before 2000 the changes to the constitution were not discussed. In 2001 for the first time it was mentioned that the Constitution of the Russian Federation should stay intact and till 2007 any substantial modifications of the Constitution were considered to be negative. Since 2007 the attitude to the changes were not already so strictly negative. In 2008 President Dmitry Medvedev addressed the Federal Assembly and presented the changes to the Constitution saying that the Russian Constitution is well established and should remain unchangeable. It was stressed in 2008 that it was not a constitutional reform , but only certain corrections.[15]
2008 amendments
[edit]The amendments of 2008, which were proposed in November 2008 and came into force on 31 December 2008, are the first substantial amendments to the Constitution of Russia of 1993[16][17] and extended the terms of the President of Russia and the State Duma from four to six and five years, respectively. Earlier only minor adjustments concerning the naming of the federal subjects or their merging were made, which require a much simpler procedure.
February 2014 amendments
[edit]In February 2014 the Higher Arbitration Court, which was mentioned in the Constitution of the Russian Federation, was eliminated from the judicial system of Russia. Therefore, the Constitution needed to be changed to reflect the changes in the judicial system.
July 2014 amendments
[edit]On 21 March 2014, Federal Constitutional Law No. 6 «On the Adoption of the Republic of Crimea into the Russian Federation and the Formation of New Subjects within the Russian Federation - the Republic of Crimea and the Federal City of Sevastopol» was adopted.[18]
2020 amendments
[edit]The amendments of 2020 remove the "in a row" clause from the article regulating the maximum number of presidential terms, discounting previous presidential terms before the amendment enters into force. Other changes are recognition of Russia as a successor to the Soviet Union in relation to international organizations, treaties, and assets of the USSR stipulated by international treaties outside the territory of the Russian Federation, banning ceding Russian territory, diminishing the accomplishments by the "defenders of the fatherland" and their role in World War II is no longer allowed, and enshrining God and heterosexual marriage in the constitution.[19][20][21] Other amendments would enshrine the role of the Russian language as that of "state forming people", a constitutional reference to God and giving statutory backing to the State Council.
From 25 June to 1 July 2020, a nationwide vote took place, with 78 % of voters voting in favor of the amendments with a turnout of 65 %, according to official results.
Putin signed an executive order on 3 July 2020 to officially insert the amendments into the Russian Constitution; they took effect on 4 July 2020.[22]
2022 annexations
[edit]After the signing of "treaties of annexation" with Russian occupation authorities during the 2022 invasion of Ukraine, the text of the constitution was updated to include the Donetsk People’s Republic, Kherson Oblast, Luhansk People’s Republic, and Zaporizhzhia Oblast.[23] As of December 2022, none of these territories is fully controlled by Russian forces, and Russian law does not define their borders: Kremlin spokesperson Dmitry Peskov stated that Russia will "continue consultations with the residents" as to the oblast borders, and that the people’s republics are annexed "in the 2014 borders",[24] but high-level Russian collaborator Oleg Tsariov stated that "there are no 2014 borders".[25]
Differences between the Constitution and the laws
[edit]The Constitution of Russia:
- defines the state system, basic rights and freedoms, the form of the state and the system of supreme state authorities
- has the highest legal force
- has direct effect (the provisions of the constitution must be implemented regardless of whether other acts contradict them)
- is characterized by stability due to a special, complicated order of acceptance and change
- is the basis for the current legislation.
Numismatics
[edit]On December 10, 2018, a commemorative coin made of copper-nickel alloy with a nominal value of 25 rubles "The 25th anniversary of the adoption of the Constitution of the Russian Federation" was issued. On the reverse of the coin there is a relief image of an open book with a drawing of the coat of arms of the Russian Federation on the left page and the inscription "КОНСТИТУЦИЯ РОССИЙСКОЙ ФЕДЕРАЦИИ" on the right page. The commemorative coin was issued in a circulation of 1,000,000 and is a legal means of cash payment in the territory of the Russian Federation.[26]
See also
[edit]Former constitutions
[edit]- October Manifesto (1905)
- Russian Constitution of 1906
- Decree on the system of government of Russia (1918)
- Soviet Russia Constitution of 1918
- Act on the establishment of the All-Russian supreme power (1918)
- 1924 Constitution of the Soviet Union
- 1936 Constitution of the Soviet Union
- 1977 Constitution of the Soviet Union
Others
[edit]Notes
[edit]- ^ Sergey Shakhray - The Voice of Russia on YouTube
- ^ "USAID In Russia". USAID. United States Agency for International Development. 18 September 2012. Archived from the original on 11 November 2020. Retrieved 16 December 2020.
- ^ a b William Partlett, Crown-Presidentialism (2022) International Journal of Constitutional Law. Available at: https://academic.oup.com/icon/advance-article/doi/10.1093/icon/moac006/6569412?login=true
- ^ "Конституция Российской Федерации".
- ^ Article 17
- ^ Article 55. 1
- ^ Ministry of Foreign Affairs of the Russian Federation.
- ^ "The Constitution of the Russian Federation". www.mid.ru.
- ^ "Chapter 4. The President of the Russian Federation – The Constitution of the Russian Federation". www.constitution.ru.
- ^ a b c "Chapter 7. Judicial Power – The Constitution of the Russian Federation". www.constitution.ru.
- ^ "Russian Constitution Section One Chapter 7". www.departments.bucknell.edu.
- ^ Judiciary_of_Russia#Supreme_Court
- ^ a b Mishina, Ekaterina (30 September 2014). "Who Shall Judge?".
- ^ The Constitution of Russia
- ^ Shashkova, Anna; Verlaine, Michel; Kudryashova, Ekaterina (27 March 2020). "On Modifications to the Constitution of the Russian Federation in 2020". Russian Law Journal. 8 (1): 60–83. doi:10.17589/2309-8678-2020-8-1-60-83 (inactive 1 July 2025). ISSN 2312-3605.
{{cite journal}}: CS1 maint: DOI inactive as of July 2025 (link) - ^ Blomfield, Adrian (6 November 2008). "Vladimir Putin could reclaim Russian presidency within months". The Daily Telegraph. London.
- ^ David Nowak. Putin's return? Russian parliament may allow it[permanent dead link], Associated Press, 6 November 2008.[dead link]
- ^ "Подписаны законы о принятии Крыма и Севастополя в состав России". 21 March 2014.
- ^ On improving the regulation of certain issues of the organization and functioning of public authority
- ^ Putin Adds New Changes to Constitution, Wooing Traditionalists Bloomberg, 2 March 2020
- ^ Putin proposes to enshrine God, heterosexual marriage in constitution AFP, 2 March 2020
- ^ Vladimir Putin.Putin signing amendments into law
- ^ Конституция России [Constitution of Russia (Article 65)]. President of Russia (in Russian). Retrieved 22 December 2022.
- ^ "Песков: Россия продолжит советоваться с населением Херсонской и Запорожской областей по вопросу границ". Российская газета. 3 October 2022. Archived from the original on 3 October 2022. Retrieved 3 October 2022.
- ^ "Олег Царёв". Telegram. Archived from the original on 3 October 2022. Retrieved 3 October 2022.
- ^ "Выпускается памятная монета | Банк России". cbr.ru. Archived from the original on 20 December 2018. Retrieved 20 December 2018.
References
[edit]- Gönenç, Levent (2002). Prospects for Constitutionalism in Post-Communist Countries. Kluwer Law International. ISBN 90-411-1836-5.
- Jeffries, Ian (1996). A Guide to the Economies in Transition. Routledge. ISBN 0-415-13684-9.
- Partlett, William. The Dangers of Popular Constitution-Making, Brooklyn Journal of International Law, Volume 38, 193-238 (2012). Available at https://ssrn.com/abstract=1924958.
- Partlett, William. Crown-Presidentialism. International Journal of Constitutional Law (2022). Available at https://academic.oup.com/icon/advance-article/doi/10.1093/icon/moac006/6569412?login=true.
External links
[edit]- Text of the Russian constitution translated in English, does not include 2020 amendment, on Constituteproject.org
- Text of the Russian constitution in Russian
- Text of the Russian constitution translated in English – archived from an official website of the Government of the Russian Federation
- The Russian Constitution, with the Russian text and unofficial translations to English, German, and French
- Amendments to the Russian Constitution
- Information about the Russian Constitution
- Information about the Russian Constitution
- "Comparative table of the current Constitution of the Russian Federation with the 2020 amendments" (PDF) (in Russian). State Duma. Archived from the original (PDF) on 2 October 2025.
Constitution of Russia
View on GrokipediaHistorical Development
Origins in Soviet Legacy and Early Post-Soviet Attempts
The Constitution of the Russian Soviet Federative Socialist Republic, enacted on April 12, 1978, formed the immediate legal foundation for post-Soviet Russia, mirroring the 1977 USSR Constitution in its emphasis on socialist ideology, unicameral Supreme Soviet dominance, and nominal separation of powers subordinated to Communist Party control.[11] This document lacked robust checks on legislative authority or an independent executive, reflecting centralized Soviet governance where constitutions served primarily declarative roles rather than enforceable limits on state power.[12] Extensive amendments—exceeding 250 by 1993—gradually eroded communist tenets, incorporating multi-party elections in 1989, private property recognition in 1990, and the removal of the Communist Party's constitutional monopoly following a March 1991 referendum and subsequent court rulings.[13] These changes, driven by perestroika-era reforms under Gorbachev and Yeltsin, preserved institutional continuity amid the USSR's collapse, allowing the Supreme Soviet—elected under Soviet rules—to retain influence into the 1990s despite its origins in one-party elections.[14] The June 12, 1990, Declaration of State Sovereignty by the RSFSR Congress of People's Deputies marked an initial break from Soviet subordination, asserting legal supremacy of republican laws, resource ownership, and self-determination rights, which fueled centrifugal pressures and set precedents for federal renegotiation.[15] Following the August 1991 coup attempt and USSR dissolution on December 26, 1991, the RSFSR renamed itself the Russian Federation on December 25, 1991, retaining the amended 1978 framework while Yeltsin, elected president on June 12, 1991, consolidated executive authority through emergency decrees.[16] The March 31, 1992, Federal Treaty, signed by Yeltsin and leaders of 18 republics and regions (excluding Chechnya and Tatarstan initially), delineated federal-regional powers on economic, cultural, and jurisdictional matters, integrated via amendments to the 1978 Constitution to avert secessionist threats amid economic chaos.[17] Efforts to supplant the patchwork 1978 text with a unified constitution commenced in late 1991 under Yeltsin's Constitutional Commission, led by legal scholars Sergei Alekseyev and Sergei Shakhray, which built on pre-1991 drafts to propose a presidential system with strong executive powers, bicameral legislature, and federal guarantees.[18] By March 12, 1992, the commission released a draft tailored for independent Russia, emphasizing human rights, market economy protections, and presidential decree authority during parliamentary recesses.[3] Concurrently, the Supreme Soviet advanced parliamentary-centric alternatives, sparking over a dozen competing drafts in 1992–1993 from figures like Anatoly Sobchak, Gavriil Popov, Shakhray, and Alekseyev, which clashed on executive-legislative balance, with executive versions favoring Yeltsin's super-presidential model and legislative ones prioritizing Supreme Soviet vetoes.[19] These initiatives faltered amid mutual distrust, as the Soviet-era parliament resisted ceding control gained under amendments, while Yeltsin's reforms prioritized stability through centralized authority, yielding no ratified compromise by mid-1993.[20]1993 Crisis and Referendum Adoption
The 1993 Russian constitutional crisis emerged from protracted disputes between President Boris Yeltsin and the Supreme Soviet, the legislature dominated by conservative and communist-leaning deputies elected under the Soviet system's 1989 rules. These conflicts centered on Yeltsin's aggressive market reforms, known as shock therapy, which triggered hyperinflation exceeding 2,500% in 1992 and sharp declines in living standards, prompting parliamentary efforts to reassert control via amendments to the 1978 Russian SFSR Constitution.[21] Tensions peaked after a failed March 1993 congressional session that curtailed Yeltsin's authority and an April 25 referendum where 58% expressed confidence in him but failed to resolve the deadlock.[22] On September 21, 1993, Yeltsin issued Decree No. 1400, unilaterally dissolving the Congress of People's Deputies and Supreme Soviet, announcing elections for a new Federal Assembly by December, and initiating a referendum on a presidentially favored draft constitution that would centralize executive power.[23] [24] The legislature, convening defiantly in the White House (the parliament building), deemed the decree unconstitutional under existing provisions, impeached Yeltsin by a 617-7 vote, and sworn in Vice President Alexander Rutskoy as acting president, with Speaker Ruslan Khasbulatov directing resistance.[21] Loyalist forces blockaded the building, cutting utilities, while parliamentary supporters erected barricades and armed themselves. Clashes intensified on October 3 when pro-parliament crowds, exceeding 10,000, breached police lines, seized Moscow's mayor's office, and assaulted the Ostankino television tower, killing several journalists and prompting firefights that left dozens dead. Yeltsin responded by declaring a state of emergency and deploying army units; on October 4, tanks from the Kantemirovskaya Division fired over 10 shells at the White House, enabling special forces to storm it and arrest Rutskoy, Khasbulatov, and other leaders. Official government tallies recorded 187 fatalities and 437 injuries across the events, though human rights groups and eyewitness accounts estimate totals as high as 1,500-2,000 deaths, attributing discrepancies to underreporting amid chaotic street fighting and sniper activity.[21] [25] The crisis's resolution empowered Yeltsin to bypass parliamentary opposition, allowing finalization of a constitution drafted primarily by his administration's working group since early 1993, which rejected bicameral balance in favor of expansive presidential decree powers, veto overrides requiring two-thirds majorities, and limited checks on executive authority.[3] This document was submitted to a nationwide referendum on December 12, 1993—coinciding with State Duma elections—where voters approved it, establishing the framework for Russia's presidential system effective December 25, 1993.[3] Critics, including defeated parliamentary factions, contested the process's legitimacy due to post-crisis suppression of dissent and media control favoring Yeltsin, though international observers noted no widespread fraud in the vote itself.[26] The outcome entrenched a super-presidential model, reflecting Yeltsin's prioritization of reform continuity over consensus amid institutional paralysis.Core Structure and Principles
Preamble and Overall Framework
The Preamble identifies the multinational people of the Russian Federation as the sovereign authority, united by a common historical destiny on their territory, and committed to affirming human rights and freedoms, achieving civil peace and interethnic accord, preserving historic unity, honoring ancestral heritage and patriotism, and bearing responsibility to current and future generations while drawing on traditional values. Adopted through a nationwide referendum on December 12, 1993, with 58.43% voter approval and 54.8% turnout, it proclaims the Constitution's entry into force upon popular endorsement, framing the document as a social contract rooted in collective will rather than elite imposition.[1][27] The Constitution's overall framework delineates a democratic federative rule-of-law state with republican governance, vesting popular sovereignty in the people who exercise it directly via referendum or indirectly through elected bodies and representatives. Article 7 declares the Russian Federation a social state whose policy is aimed at creating conditions that ensure a dignified life and the free development of man; the main goals of state policy, as determined by the Constitution and strategic documents, include protecting the rights and freedoms of citizens, ensuring national security and sovereignty, sustainable economic growth, improving the quality of life of the population, developing human potential, strengthening traditional values, and enhancing Russia's positions in the world.[28] The subjects of constitutional and legal relations include the people of the Russian Federation, citizens of the Russian Federation, foreigners and stateless persons, state authorities, local self-government bodies, public associations, the Russian Federation, and subjects of the Russian Federation. Structured into a Preamble, nine chapters, and originally 137 articles (expanded through amendments, including over 100 in the 2020 package ratified by the Federal Assembly and regional legislatures), it prioritizes the supremacy of constitutional and federal legal norms over all other enactments, mandating ideological and political pluralism while prohibiting state ideological monopolies. Chapter 1 outlines core principles such as power separation among legislative, executive, and judicial branches; multicandidate elections; and prohibitions on altering the state's territorial integrity or federal character without supermajority consent.[28][1] Subsequent chapters institutionalize protections for individual rights (Chapter 2), federal-territorial divisions with shared competencies (Chapter 3), a dominant presidential executive (Chapter 4), bicameral Federal Assembly legislature (Chapter 5), governmental administration (Chapter 6), independent judiciary (Chapter 7), decentralized local self-government (Chapter 8), and tiered amendment procedures—ranging from simple federal laws for non-core changes to constituent assembly convocation for foundational revisions (Chapter 9). This semi-presidential design, influenced by French and U.S. models but adapted to post-Soviet realities, emphasizes state continuity, social guarantees like property protection and welfare, and rejection of violence as a political method, though empirical implementation has centralized authority under the presidency amid economic and security imperatives.[1][28]Fundamental Rights and Freedoms
Chapter 2 of the Constitution of the Russian Federation (Articles 17–64) establishes human and civil rights and freedoms as the highest value, with direct legal effect that determines the interpretation and application of laws, and no state body, official, or citizen may deprive or diminish them except as specified.[29] These rights are guaranteed in accordance with universally recognized principles of international law and the Constitution itself, with the state obligated to ensure their protection.[1] Personal inviolability is protected under Article 22, prohibiting arbitrary arrest or detention, requiring judicial warrant or immediate release, and mandating access to legal assistance; torture and inhuman treatment are banned by Article 21.[29] The right to life is affirmed in Article 20, though exceptions exist for death penalty imposition pending abolition via federal law.[30] Privacy rights encompass housing inviolability (Article 25), secrecy of correspondence and communications (Article 23, with limitations allowable by judicial decision), and personal and family secrets (Article 24).[29] Equality before the law is mandated by Article 19, irrespective of sex, race, nationality, language, origin, property, religion, beliefs, or affiliations, with explicit prohibition of privileges or restrictions based on these grounds.[30] Freedom of movement and residence within Russia, and the right to leave, are secured under Article 27, subject to federal law restrictions for reasons such as state security or public order.[29] Political freedoms include freedom of speech, ideas, and conscience (Article 29), assembly (Article 31), association (Article 30), and the absence of ideological or compulsory censorship, though propaganda of social, racial, national, or religious superiority, or incitement to hatred or enmity, may be prohibited by law.[30] Religious freedom is guaranteed by Article 28, separating church from state and school from religious instruction while allowing free religious practice, with no state religion.[29] Economic rights protect property ownership (Article 35, with expropriation only for public needs via compensation), inheritance (Article 35), and freedom of enterprise (Article 34), prohibiting forced labor except as punishment or mobilization.[30] Social rights include guarantees of health protection and medical aid (Article 41), access to education (Article 43), and a minimum wage not below the subsistence level (Article 7, reinforced in Chapter 2).[29] Limitations on rights are confined by Article 55(3) to federal laws necessary for protecting the constitutional system, public morals, health, rights of others, or defense and security, without altering the essence of rights; Article 56 permits temporary derogations in states of emergency, excluding rights to life, dignity, and non-discrimination.[29] No laws may abolish or derogate rights (Article 55(2)).[30] The 2020 amendments, approved by referendum on July 1, 2020, introduced provisions reinforcing traditional family structures by defining marriage in Article 72 as a union between a man and a woman, and emphasizing state protection of motherhood, childhood, and family values, while adding socio-economic guarantees like indexing pensions to inflation.[31] These changes prioritize national legal interpretations over conflicting international rulings in some contexts, potentially affecting rights enforcement.[32]Ideological and Sovereignty Clauses
The ideological and sovereignty clauses of the Russian Constitution are enshrined in Chapter 1, titled "The Fundamentals of the Constitutional System," which outlines the core principles unalterable by ordinary legislative procedures.[28] Article 3 establishes the multinational people of Russia as the bearer of sovereignty and the sole source of power, exercisable directly through referendums and elections or indirectly via elected representatives in state bodies and local self-government organs.[28] This provision underscores popular sovereignty as the foundational mechanism, rejecting monarchical or other non-republican derivations of authority, with power derived empirically from the electorate's mandate rather than delegated from elites or institutions.[29] Sovereignty extends territorially and juridically under Article 4, which declares the Russian Federation's sovereignty to encompass its entire territory, ensuring the supremacy of the Constitution and federal laws over regional norms where conflicts arise.[28] The state commits to protecting territorial integrity and inviolability, while foreign relations are predicated on mutual recognition of national self-determination and non-interference in domestic affairs, aligning with principles of Westphalian statehood that prioritize causal independence from external impositions.[29] These clauses have remained substantively unchanged since adoption, even amid 2020 amendments that reinforced territorial claims in Article 67 by specifying certain regions as integral parts of Russia, thereby operationalizing sovereignty against irredentist challenges.[31] On ideology, Article 13 mandates recognition of ideological diversity, explicitly prohibiting the establishment of any state or compulsory ideology to prevent monopolization akin to Soviet-era doctrines.[28] This extends to political pluralism, affirming a multiparty system where public associations may form parties and participate in elections, provided they pursue lawful goals without advocating violence or ethnic supremacy.[29] The clause reflects a post-communist rejection of enforced uniformity, grounded in empirical observations of ideological rigidity's role in prior regime failures, though state practices have occasionally blurred lines by promoting narratives of historical continuity without formal doctrinal imposition.[28] No amendments have altered this prohibition, preserving it as a bulwark against ideological capture despite evolving governmental emphases on cultural patriotism.[33]Institutional Framework
Executive Authority and Presidential Powers
The executive authority in the Russian Federation is primarily vested in the President, who serves as head of state and exercises significant control over both domestic and foreign policy, as outlined in Chapter 4 of the Constitution. Article 80 designates the President as the guarantor of the Constitution, human rights, and freedoms, while also empowering the President to determine the basic directions of the state's internal and external policies.[27] This structure establishes a presidential system where executive power is not strictly separated from legislative functions, allowing the President to influence government formation and operations directly. The Government, led by the Chairman (Prime Minister), implements executive functions under presidential oversight, per Article 110, but the President's authority supersedes in key areas, reflecting a design that centralizes decision-making to ensure policy coherence.[31] The President is elected by universal, equal, and direct suffrage by secret ballot for a single six-year term, with eligibility requiring Russian citizenship, a minimum age of 35, and permanent residency in Russia for at least 25 years, as amended in 2020.[31] Originally limited to two consecutive terms under Article 81, the 2020 amendments reset the term count for the incumbent President, Vladimir Putin, enabling potential service until 2036, while prohibiting those who held the presidency prior to 2012 from serving non-consecutive terms afterward.[31] The President assumes office upon taking an oath before the Federal Assembly and exercises powers from that moment until the new President's inauguration, with provisions for temporary delegation to the Prime Minister in cases of resignation, inability, or impeachment. Article 92 ensures immunity from prosecution during the term, except for treason or other grave crimes established by federal law.[27] Presidential powers encompass military command, diplomatic representation, and legislative oversight. As supreme commander-in-chief under Article 87, the President introduces martial law or a state of emergency, directs foreign policy, negotiates and signs international treaties, and accredits diplomatic representatives.[33] Domestically, the President appoints the Prime Minister subject to State Duma consent, relieves the Prime Minister of duties, and dismisses federal ministers without parliamentary approval; the President may also dissolve the State Duma if it thrice rejects Prime Minister nominees or if no parliamentary majority forms post-elections.[27] Additional authorities include vetoing federal laws (overridable by a two-thirds majority in both houses of the Federal Assembly), submitting bills to the State Duma, addressing the nation, and suspending regional executive acts conflicting with federal law or the Constitution. The 2020 amendments bolstered these by mandating presidential approval for certain Government staffing and emphasizing protection of traditional family values in policy guidelines, though core executive mechanisms remain rooted in the 1993 framework.[31] In practice, these provisions enable the President to dominate executive functions, with the Government operating as an implementing body rather than an independent executive branch. Article 83 grants the President the right to chair the Security Council and form the Administration of the President, further consolidating advisory and operational control. The Constitution's emphasis on presidential initiative in forming the executive—coupled with limited checks from the Federal Assembly—has been analyzed as creating a "super-presidential" system, where the head of state holds unilateral powers in crises, such as declaring states of emergency without prior legislative approval, subject only to post-facto notification.[33] This design, adopted amid the 1993 constitutional crisis, prioritizes stability and centralized authority over diffused power-sharing.[27]Federal Assembly and Legislative Processes
The Federal Assembly serves as the bicameral parliament of the Russian Federation, functioning as the representative and legislative body under Article 94 of the Constitution. It comprises two chambers: the Federation Council as the upper house and the State Duma as the lower house, which convene separately except for joint sessions to hear addresses from the President or the Constitutional Court.[5] The Assembly's powers are delineated in Articles 102 and 103, encompassing the adoption of federal laws, constitutional laws, the federal budget, and declarations of war or martial law, while also providing oversight over government activities such as approving the Prime Minister's appointment and hearing annual reports.[5][34] The Federation Council consists of two representatives from each federal subject: one delegated by the legislative body and one by the executive body of the subject, totaling 170 members as of the current federal structure with 85 subjects.[5] Article 95 stipulates that these members possess equal rights and responsibilities, with the chamber chaired by a member elected by secret ballot for the duration of their mandate. Its enumerated powers under Article 102 include approving changes to borders between federal subjects, decrees on martial law or states of emergency, appointments of key officials like the Prosecutor General and judges of higher courts, and decisions on the use of armed forces outside Russian territory. The Federation Council also ratifies international treaties and appoints auditors for the Accounts Chamber.[5][35] The State Duma comprises 450 deputies elected for five-year terms by Russian citizens on the basis of universal, equal, and direct suffrage by secret ballot, as per Article 96. Article 103 grants it primary legislative initiative, including the adoption of federal laws and the federal budget, as well as impeachment proceedings against the President upon a two-thirds vote followed by Constitutional Court and Supreme Court review. The Duma consents to the President's nomination of the Prime Minister, holds the Government accountable through no-confidence votes (requiring a simple majority), and declares amnesties. Deputies enjoy immunity from arrest except in cases of felonies with Duma consent, and sessions are public unless closed by majority vote.[5][34] Legislative bills originate under Article 104 from the President, the Federation Council, State Duma members (at least 25 deputies), the Government, the Constitutional Court, the Supreme Court, or the Higher Arbitration Court on matters within their purview. The State Duma examines and votes on bills first; passage requires a majority unless otherwise specified, after which the bill advances to the Federation Council within five days. The upper house must approve, reject, or amend within 14 days, with federal constitutional laws needing three-fifths approval and budget or tax-related laws requiring simple majority.[5] If rejected or amended, a conciliation commission resolves differences; persistent disagreement returns the bill to the originating chamber. Approved bills proceed to the President, who signs within 14 days or returns with veto objections. Overriding a veto demands a two-thirds majority in each chamber.[5] Article 109 empowers the President to dissolve the Duma if it rejects three Government nominations or passes two no-confidence votes within three months, subject to restrictions during martial law or within six months of a presidential election. Laws enter force upon publication unless delayed by the President or law.[5]Judiciary and Constitutional Review
Justice in the Russian Federation is administered solely by courts, exercised through constitutional, civil, administrative, and criminal proceedings.[36] The judicial system is divided into courts of constitutional jurisdiction, courts of general jurisdiction (including military courts), and arbitration courts handling economic disputes.[36] The Supreme Court of the Russian Federation acts as the highest judicial authority for courts of general jurisdiction and arbitration courts, overseeing their activities and ensuring uniform application of laws.[36] Judges are independent and subordinate only to the Constitution and federal law, with guarantees of lifetime tenure until mandatory retirement age, irremovability except by court verdict, and legal immunity.[36][29] Judicial appointments occur through a process where the President nominates candidates for positions in federal courts, including the Supreme Court, with approval by the Federation Council for certain high-level roles; regional courts follow similar federal oversight mechanisms.[37] Prosecutorial supervision operates alongside the judiciary but is distinct, with the Prosecutor General appointed by the Federation Council on the President's submission.[36] The Constitutional Court of the Russian Federation holds primary responsibility for constitutional review, empowered under Article 125 to adjudicate the conformity of federal laws, presidential acts, Federal Assembly resolutions, and regional normative acts with the Constitution.[36] It conducts both abstract review—such as pre-enactment checks on international treaties—and concrete review in response to complaints from citizens, courts, or officials alleging rights violations by unconstitutional laws.[36] The Court also resolves jurisdictional disputes between federal bodies, between the Federation and its subjects, or among subjects themselves, and provides official interpretations of the Constitution upon request from the President, Federal Assembly houses, government, or Supreme Court.[36] Its decisions are final, binding on all state organs, and not subject to appeal, though implementation relies on legislative and executive compliance.[36] Composed of 19 judges appointed by the Federation Council on the President's nomination for a single 12-year non-renewable term, the Constitutional Court requires a minimum of 15 judges for quorum and decisions by majority vote.[38] While the Constitution mandates judicial independence, analyses from international observers, such as the Council of Europe Commissioner for Human Rights, have noted persistent concerns over executive influence in appointments and case outcomes, potentially undermining de facto impartiality despite formal provisions.[33][39] These critiques, often from Western institutions, contrast with Russian official assertions of strengthened independence through post-1993 reforms, though empirical evidence of rulings aligning with executive priorities in politically sensitive cases supports skepticism regarding full autonomy.[40]Federalism and Territorial Organization
Subnational Governance and Autonomy
The Russian Federation's Constitution delineates a federal system in which subnational entities, termed federal subjects, exercise governance through their own legislative, executive, and judicial organs, subject to federal supremacy and delineated competencies. Article 5 establishes that the federation comprises republics, territories (krais), regions (oblasts), cities of federal significance, an autonomous oblast, and autonomous districts (okrugs), all designated as equal subjects with state power exercised via constitutions (for republics) or charters (for others), provided they conform to federal law.[1][27] These instruments define internal governance structures, including elected legislatures and executive heads, enabling subjects to address local matters such as regional budgets, property management, and cultural preservation independently under Article 73.[1] Republics, often aligned with ethnic groups, receive nominal enhanced autonomy, including the right to establish official languages alongside Russian per Article 68(2) and to regulate citizenship issues historically tied to Soviet-era nationalities policy, though federal law standardizes citizenship nationwide.[27] Autonomous entities like the Jewish Autonomous Oblast or northern okrugs similarly maintain provisions for indigenous cultural and linguistic rights, with inter-entity relations—such as an okrug nested within a krai—governed by federal statutes or mutual treaties under Article 66(4).[1] However, Article 5(3) explicitly subordinates subnational authority to federal integrity, prohibiting secession or sovereignty claims beyond shared competencies in Article 72, which include joint jurisdiction over education, health, and natural resources.[27] Subnational autonomy in executive governance is formalized but practically centralized through federal mechanisms; while the Constitution mandates uniform principles for state organs under Article 77(1), subsequent federal laws—enacted pursuant to Article 71(h)—imposed presidential nomination of regional governors starting in December 2004, replacing direct elections to ensure alignment with national policy.[1] Legislative assemblies in subjects enact laws on residual powers, yet these require conformity to federal constitutional interpretations, with disputes resolvable via the Constitutional Court. Early post-1993 bilateral treaties granted asymmetric powers to certain subjects like Tatarstan (1994 treaty delineating oil revenue shares), but these were phased out by 2000s federal reforms standardizing symmetry.[27] Local self-government, distinct from subnational state power, operates as a parallel layer under Chapter 8 (Articles 130-133), empowering municipalities for grassroots administration of housing, utilities, and roads without federal subject subordination, though funded partly by regional transfers and lacking status as constitutional subjects.[1] This framework ostensibly balances ethnic self-determination—invoked in the Preamble—with unitary control, as evidenced by Article 4's assertion of federal sovereignty over the entire territory, limiting subnational deviations that could undermine national unity.[27]Division of Competencies Between Levels
The Constitution of the Russian Federation delineates competencies between the federal center and its 89 constituent entities (as of 2020 amendments incorporating Crimea and Sevastopol) primarily through Articles 71, 72, and 73 in Chapter 3. Article 71 specifies exclusive federal jurisdiction over matters requiring uniform nationwide regulation, such as foreign policy, defense, and monetary policy, where only federal authorities may legislate and act. Article 72 outlines joint jurisdiction areas, permitting both levels to legislate, though federal laws prevail in conflicts per Article 76(2). Article 73 vests residual powers in the subjects, granting them full state authority over unenumerated matters to preserve local autonomy. This framework aims to balance unity with diversity, though Article 11(3) allows bilateral treaties to adjust delineations, subject to federal supremacy. Article 11(3) provides for the delimitation of jurisdictions and powers between federal authorities and the subjects of the Russian Federation through the conclusion of agreements. By 1998, such agreements had been concluded with 46 subjects of the federation, including the federal city of Moscow. The most notable asymmetric relations and debates were with Tatarstan.[41] Key subjects of exclusive federal jurisdiction under Article 71 include:- Adoption and amendment of the Constitution and federal laws, including oversight of constitutional compliance.
- Foreign policy, international relations, and treaties.
- Defense, security, declaration of war or peace, and mobilization.
- Status and protection of the state border, territorial sea, airspace, exclusive economic zone, and continental shelf.
- Federal budget, taxes, levies, loans, and customs regime.
- Monetary system, ruble status, and federal banking operations.
- Federal judiciary, procuracy, and criminal legislation.
- Federal property management and administrative-territorial divisions.
- Protection of human and civil rights and freedoms.
- Ownership and inheritance rights protection.
- Administrative, economic, and judicial systems organization.
- Education, science, culture, physical culture, sports, and media.
- Health care, social protection, family, maternity, and child welfare.
- Environmental protection, natural resource management, and historical-cultural heritage.
- Civil, labor, family, housing, land, water, forest, and mining legislation.
- Interregional transport, communications, and utility tariffs.