Term limits in Russia

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Term limits in Russia are limitations set by the Constitution of Russia that limit how long an individual may hold a specific political office in Russia. The Russian government uses consecutive term limits, requiring officeholders to leave office after term limits have been reached, but allowing them to seek the office again after one term of separation. The President of Russia is limited to no more than two consecutive six year terms, and governors of all federal subjects are limited to no more than two consecutive five year terms.

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President Vladimir Putin has caused concern by circumventing constitutional term limits. While Putin was ineligible for the presidency in 2008, he maintained de facto rule over the country from the office of Prime Minister. Putin would have again been ineligible for the 2024 Russian presidential election, but a 2020 amendment to the Constitution of Russia exempted Putin from presidential term limits until 2036.

Presidential

1990s

Article 6 of the Soviet Constitution was amended in 1990 to establish the office of President of the Soviet Union. It set terms of five years, mirroring the five-year terms used by other Soviet officials, and the president was limited to two terms. [1] This term limit was never reached, as the dissolution of the Soviet Union occurred in 1991 while President Mikhail Gorbachev was still serving in his first term.

As the Constitution of Russia was developed in 1993, none of its authors challenged the inclusion of a two-term limit, though they debated the length of terms before deciding on four years. [1] Supporters of incumbent president Boris Yeltsin desired an opportunity for Yeltsin to stay in power and lobbied for limits on only consecutive terms, allowing further reelection of a president after spending one term away from the presidency. They considered this a higher priority than the length of a term, and they compromised on terms of only four years in length. [2]

Having first been elected president in 1991 under the Soviet constitution, Yeltsin was reelected in 1996 under the new Russian constitution. This created a legal question as to whether his first term counted toward his term limit under the Russian constitution. In 1998, the legislature sent the issue to the Constitutional Court of Russia, which ruled that Russians knew Yeltsin was running for a second term and as there was no grandfather clause, he was term limited. [3]

Russia under Vladimir Putin

Yeltsin did not complete his final term, resigning from the presidency three months before it ended in 1999, making Prime Minister Vladimir Putin acting president until he was elected president in his own right in the 2000 election. He was reelected for a second term in the 2004 election. Putin reached the term limit upon the end of his second four-year term in 2008. His political future became a subject of debate in Russia, with his supporters arguing that he needed a third term to finish implementing his reforms. [4]

By summer 2007, Putin floated the idea of increasing the length of a presidential term. [5] That October, he announced his intention to run in the 2007 legislative election, and in December he endorsed his ally Deputy Prime Minister Dmitry Medvedev to be the next president. Medvedev was elected in the 2008 election, and he appointed Putin as prime minister the day after his inauguration. Putin retained strong control over the Russian executive from this position, and he maintained broad control over policy. [6] Medvedev did not exercise his power to hire or fire government officials, instead retaining those appointed by Putin. [7] It was not certain whether Putin or Medvedev was the de facto leader of Russia. [6] Depending on the metric used, this may be considered an effective extension of the presidential term beyond constitutional term limits. [8]

Before his first year as president ended, Medvedev proposed an amendment to the constitution, increasing presidential terms from four to six years. The amendment was enacted in December 2008, to take effect beginning with the next term after the 2012 election. [5] In September 2011, Medvedev endorsed Putin for a return to the presidency in the 2012 election. [9] Putin returned to the presidency after the 2012 election and was then reelected in the 2018 election. [10]

Putin faced a term limit for the second time after he was reelected in 2018. Having served two terms consecutively, he would have been ineligible to run in the 2024 election. [11] He began an effort to amend the constitution in 2020, holding a referendum that summer which passed with 77.92% of the vote. Among the 206 changes made by the amendments was a reform of presidential term limits. [12] The allowance of non-consecutive terms was abolished, restricting the president to two lifetime terms. It also included a clause that excluded previous terms from this count, effectively allowing Putin to run for reelection as if he had not served any previous terms. [13] As he was permitted two more consecutive terms without regard for his previous tenure, the amendment gave him legal authority to stay in office until 2036. Despite being more consequential than any of the other amendments, this change was not a major point in the political debate leading up to the referendum. [12] The changes were codified in civil law a few months later. [14]

Subjects

The federal government under Yeltsin passed a law regulating the governors and presidents of Russian subjects in 1999, limiting them to two terms. Many were then elected to their second terms in 2000, which were set to end in 2004. A large number of new regional leaders risked significant changes to the political landscape that Putin's federal government wished to prevent. [15] As part of a broader effort to gain control over the subjects during Putin's first term, the federal government exempted governors from term limits when they were sufficiently loyal. [16] Putin had the government reinterpret the law in 2001 so that the term limit only began after the law's passing, negating terms prior to the 2000 election. [15] This benefited allies of the federal government, such as Mintimer Shaimiev, the president of Tatarstan who had already filed to run for a third term despite being term-limited. [17]

Putin ordered that regional leaders be appointed instead of popularly elected beginning in 2004, effectively abolishing term limits and allowing his allies to serve additional terms. [18] Incumbent leaders were permitted to request a vote of confidence from Putin to allow their reappointment. These requests were prearranged and involved secret agreements with the federal government. [19]

The law was changed in 2015, once again allowing the direct election of governors in Russia and limiting them to no more than two consecutive five year terms.[ citation needed ] In 2021, the federal government of Russia began working toward abolishing these term limits. [20]

Historical limits

The earliest term limits in Russia were established in the 13th century in Novgorod Republic for the office of posadnik . The posadnik shared executive power with the duke, and competition over who should hold the office meant that it came to be cycled between aristocrats. This ended in the 14th century when it was converted into a council with lifetime appointments. A similar office subject to term limits developed in the Pskov Republic in the 14th century. [21]

Russian monarchs and Soviet premiers were not subject to term limits.

Political implications

Taking advantage of nonconsecutive terms creates a political risk, as the broad powers of the presidency could allow the interim president to retain the office. [22] The manipulation of term limits has allowed Putin to stay in power at the federal level [23] and keep allies in power in federal subjects. [17] [16] Though supporters of term limited presidents Yeltsin and Putin have endorsed the abolition of term limits, neither president supported this position. Presidential term limits have generally polled well in Russia. [22] The direct abolition of term limits has the potential to cause political unrest. Support for the 2011–2013 Russian protests strongly correlated with support for term limits. [24]

See also

Notes

  1. 1 2 Baturo 2014, p. 34.
  2. ↑ Chaisty & Whitefield 2019, p. 324.
  3. ↑ Baturo 2014, p. 59.
  4. ↑ Baturo 2014, p. 49.
  5. 1 2 Baturo 2014, pp. 51–52.
  6. 1 2 Baturo 2014, p. 51.
  7. ↑ Baturo 2014, p. 52.
  8. ↑ Baturo 2014, pp. 52–53.
  9. ↑ Baturo 2014, p. 53.
  10. ↑ Hutcheson & McAllister 2021, p. 359.
  11. ↑ Hutcheson & McAllister 2021, p. 357.
  12. 1 2 Hutcheson & McAllister 2021, p. 356.
  13. ↑ Hutcheson & McAllister 2021, pp. 360–361.
  14. ↑ Hutcheson & McAllister 2021, p. 375.
  15. 1 2 Slider 2008, p. 110.
  16. 1 2 Gelman 2008, p. 11.
  17. 1 2 Slider 2008, pp. 110–111.
  18. ↑ Slider 2008, p. 111.
  19. ↑ Slider 2008, p. 113.
  20. ↑ "Russia Moves to Abolish Regional 'Presidency'". The Moscow Times. 2021-12-15. Retrieved 2022-03-28.
  21. ↑ Baturo 2014, p. 22.
  22. 1 2 Chaisty & Whitefield 2019, p. 325.
  23. ↑ Baturo 2014, pp. 51–53.
  24. ↑ Chaisty & Whitefield 2019, pp. 323, 325.

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