|Constitution of the|
|Ratified||12 December 1993|
|Date effective||25 December 1993|
|System|| Federal semi-presidential |
|Head of state||President|
(Federal Assembly: Federation Council, State Duma)
|Executive||Prime Minister led Government|
|Judiciary||Judiciary (Constitutional Court, Supreme Court)|
|First legislature||12 December 1993|
|First executive||9 August 1996|
|Amendments||4 (plus 11 alternations on Federal subjects)|
|Last amended||4 July 2020|
|Commissioned by||Constitutional Assembly|
|Signatories||Constitutional referendum by the citizens of Russia|
|Supersedes||Constitution of the RSFSR|
The Constitution of the Russian Federation (Russian:Конститу́ция Росси́йской Федера́ции, tr. Konstitútsiya Rossíyskoy Federátsii,IPA: [kən(j)sjtjɪˈtut͡sɨjə rɐˈsjijskəj fjɪdjɪˈrat͡sɨɪ]) was adopted by national referendum on 12 December 1993. 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 current Constitution is the second most long-lived in the history of Russia, behind the Constitution of 1936.
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.The USAID-funded lawyers also contributed to the development of draft.
It replaced the previous Soviet-era Constitution of 12 April 1978, of 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.
The constitution is divided into two sections.
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.(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.)
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].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", the president also has the power to dissolve the State Duma.
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.
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.Additionally, Article 123 provides for open and fair trials, as well as equal application of the law. Three courts are delineated: Constitution Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Higher Arbitration Court; each court is "appointed by the Council of the Federation upon the proposals by the President." The Constitution requires 19 judges for the Constitution Court, but does not specify the number of justices for the other courts. As of 2002, the Supreme Court has 115 members; due to the expansion of duties in 2014, the number of seats was increased to 170. 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.
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.
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 1993and 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.
This section needs expansion. You can help by adding to it. (July 2020)
On March 21, 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.
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 relationship to international organizations, treaties, and assets of the USSR stipulated by international treaties outside the territory 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.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.
The politics of Russia take place in the framework of the federal semi-presidential republic of Russia. According to the Constitution of Russia, the President of Russia is head of state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws.
The president of the Russian Federation, is the head of state of the Russian Federation, as well as the commander-in-chief of the Russian Armed Forces. It is the highest office in Russia.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.
The Chairman of the Government of the Russian Federation, also known as the prime minister, is the head of the Russian government, the chief executive of the Russian Cabinet, and the second-most powerful figure in the Russian Federation. The official residence of the prime minister is Gorki-9 in Odintsovsky District, Moscow Oblast, and the working residence is the Russian White House of Moscow. Under Article 24 of the Federal Constitutional Law 'On the Government of the Russian Federation', the prime minister "heads the Government of the Russian Federation". Although the post dates to 1905, the prime minister in its current form was established on 12 December 1993 as the Chairmen of the Government of the Russian Federation.
On the federal level, Russia elects a leader/president as head of state and a parliament, one of the two chambers of the Federal Assembly. The president is elected for, at most, two consecutive six-year terms by the people. The Federal Assembly has two chambers. The State Duma has 450 members, elected for five-year terms. The Federation Council is not directly elected; each of the 85 federal subjects of Russia sends 2 delegates to the Federal Council, for a total of 170 members.
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The State Duma, commonly abbreviated in Russian as Gosduma, is the lower house of the Federal Assembly of Russia, while the upper house is the Council of the Federation. The Duma headquarters are located in central Moscow, a few steps from Manege Square. Its members are referred to as deputies. The State Duma replaced the Supreme Soviet as a result of the new constitution introduced by Boris Yeltsin in the aftermath of the Russian constitutional crisis of 1993, and approved by the Russian people in a referendum.
The Federation Council is the upper house of the Federal Assembly of Russia, according to the 1993 Constitution of the Russian Federation. Each of the 85 federal subjects of Russia – consisting of 22 republics, 46 oblasts, nine krais, three federal cities, four autonomous okrugs, and one autonomous oblast – sends two senators to the Council, for a total membership of 170 Senators. In addition, the Constitution also provides for senators from the Russian Federation, which can be no more than thirty, as well as (optionally) former presidents as life senators.
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The Chairman of the State Duma of the Federal Assembly of the Russian Federation, also called Speaker (спикер), is the presiding officer of the lower house of the Russian parliament. His responsibilities include overseeing the day-to-day business of the State Duma presiding and maintaining order at the regular sessions of the parliament. The Speaker also chairs the Council of the Duma which includes representatives from all the parliamentary parties and determines the legislative agenda.
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of the Russian Federation.
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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 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.
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The Chairman of the Federation Council of the Federal Assembly of the Russian Federation, also called Speaker (спикер), is the presiding officer of the Upper house of the Russian parliament. It is the third highest position, after the President and the Prime Minister, in the government of Russia. In the case of incapacity of the President and Prime Minister, the chairman of the Federation Council becomes Acting President of Russia.
The Russian Presidency of Boris Yeltsin, was the executive branch of the federal government of the Russian Federation from June 12, 1991 to December 31, 1999.
A constitutional referendum was held in Russia between 25 June and 1 July 2020. President Vladimir Putin proposed the referendum during his address to the Federal Assembly on 15 January 2020. The draft amendments to the constitution were submitted to a referendum in accordance with article 2 of the Law on Amendments to the Constitution. The referendum is legally referred to as an "All-Russian vote", for it is not held in accordance with the Federal Constitutional Law on the Referendum.
The amendments of 2020, which were proposed in January 2020, are the second substantial amendments to the Constitution of Russia of 1993. To introduce these amendments, Vladimir Putin, president of Russia, held a national vote. They were approved on 1 July 2020 by a contested popular vote.
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