features of russian constitution

2008. "[8] The Constitution requires 19 judges for the Constitution Court,[8] but does not specify the number of justices for the other courts. The draft text was then put to a constitutional referendum held in Russia on 12 December 1993. Chapter 2 is the lengthiest chapter and it incorporates a very detailed enumeration of the basic rights and liberties of man and citizen. The people of each local area enjoy the right to organize and run their local government. The national legislature of the Russian Federation stands designated as the Federal Assembly. Its two houses are the Federation Council and the State Duma. 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. Hence, what we see in Russia today is related to the constitutional framework that was adopted in 1993. Thus, the Russian Constitution provides for two different methods of Amendment and Revision, one is respect of chapters 1, 2 and 9 and the second one in respect of chapters 3, 4,5,6,7 and 8. The judges of both these courts are appointed by the President of Russia. The text was drafted by the 1993 Constitutional Conference, which was attended by over 800 participants. It accepts and ensures socio-economic- politico-cultural pluralism. The Supreme Court of Arbitration of the Russian Federation enjoys the highest judicial power in respect of economic disputes and other cases decided by arbitration courts. It shall be the duty of the State to recognize, respect and protect the rights and liberties of man and citizens.”, Chapter one recognises the multinational character of Russian society and declares the sovereignty of the Russian Federation. It can be described as the governing chapter which lays down the general features and properties of the Constitution. It indeed makes a complete departure from the constitution of (erstwhile) USSR which was monolithically in approach and authoritarian in content. 2010. If the State Duma re-passes the concerned law by at least a 2/3rd majority of its total membership, the law gets finally adopted. No federal law on any Subject can be passed except on the request (nomination) of the executive and legislative body of the concerned Subject. This chapter expresses full faith in the ideology of liberalism and democracy. Art 135 which provides for a very difficult method of amendment for Chapter 1, 2, and 9 of the Constitution).”. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of government. In case the Federation Council rejects a law within 14 days, the two chambers can set up a conciliatory commission for settling the differences. 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 Government of the Russian Federation works under the direction and final control of the President of Russia. In its Chapter 2, the Constitution of the Russian Federation grants and guarantees fundamental rights and freedoms to all its people. The Constitution of Russian Federation provides for a mixed model Presidential— Parliamentary form. Article 136 covers updating the provisions of chapters 3, 4, 5, 6, 7, and 8 of the Constitution of Russia. __Article 137 covers updating the provisions of Article 65 of the Constitution of Russia. [3] (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. However, the balance is decidedly in favour of the Presidential Form. Article 16 declares: “The provision of the present chapter of the constitution shall be the foundation of the constitutional system of the Russian Federation and may not be changed except as provided for in this constitution (i.e. The Federation Council has to act within fourteen days. Article 1 of the constitution declares Russia to be a Republic. All those laws which were in any way in conflict with the new constitution were also declared invalid. Earlier only minor adjustments concerning the naming of the federal subjects or their merging were made, which require a much simpler procedure. The Russian Constitution makes these fundamental principles sacrosanct. It makes the judiciary a guardian, protector and final interpreter of the constitution and the rights and liberties of the people. When the two Houses re-pass a law which has been returned to them by the President, the later has to sign it within seven days. )[4], 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]. 166.62.124.245. “The Russian Federation—Russia shall be a democratic, federal, rule of law state, with the republican form of government”, Art 65 describes Russian Federation as the federation of 21 Republics, 6 Territories, 49 Districts, 1 Autonomous Region, 10 National. Court. Putin was re-elected to his third term in 2012; with the six-year term, he was elected to his fourth term in 2018. 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. Of the two houses, the State Duma has been given more powers then the Federation Council. A reading of Chapter 1— (Fundamentals of the Russian Constitutional System) and Chapter 2 (Rights and Liberties of Man and Citizen) clearly brings home the fact that Russian Federation is characterised by socio-economic-cultural pluralism, legal equality of all, and political pluralism involving free and open struggle for power among political parties. Any law or any part of a law which is declared unconstitutional by the Constitutional Court cases to remain operative thereafter. 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. Not logged in Schmid, Ulrich. 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). It can be fairly concluded that Russia has a presidential system of government with some features of a parliamentary form of government. All the prosecutors form one chain forming a single hierarchy with PG at the top, higher prosecutors in the middle and lower level prosecutors at the local levels. Article 10 declares: “The bodies of legislative, executive and judicial powers shall be independent.” It ensures the presence of an independent Judiciary. It shows how this constitution contributed to the rise of a super-presidential system in Russia by providing a statutory legitimacy to the excessive powers of the president. Of all registered voters, 54.8 % (or 58,187,755 people) participated in the referendum. © 2020 Springer Nature Switzerland AG. Not affiliated In its Chapter 8, the Constitution of Russia contains provisions regarding Local Self-Government. Drafts for law-making can be introduced in the State Duma. All other prosecutors are appointed by the Prosecutor General. The current Constitution is the second most long-lived in the history of Russia, behind the Constitution of 1936. Each unit of local self-government is an elected and autonomous unit. The Dangers of Popular Constitution-Making, Brooklyn Journal of International Law, Volume 38, 193-238 (2012). Art 2 states, “Man, his rights and freedoms shall be the supreme value. Report a Violation, Jurisdiction of the Constitutional Court of the Russian Federation, Powers and Functions of the President of Russia. It grants and guarantees equality to all citizens, all nationalities and all Subjects of the Russian Federation. 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. The President can take a decision for the removal of the Government within seven days of the passing of the no- confidence motion by the State Duma. (b) In case a revision of these three chapters may become essential, the proposal shall have to be passed by a 3/5 majority of the total membership of the each of the two Houses-Federation Council and State Duma. It shows how this constitution contributed to the rise of a super-presidential system in Russia by providing a statutory … Moore, Rita. The President is the head of state with some real executive powers. However the Chairman and ministers of the Government of the Russian Federation can be removed by the President in case the State Duma passes a vote of no-confidence against them. (c) Thereupon a Constitutional Assembly is to be convened in accordance with the federal constitutional law. [5] 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. Of those, 32,937,630 (54.5 %) voted for adoption of the Constitution. Art 80 provides for the office of the President and describes him as the head of state. 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. It is a bicameral legislature. However, whereas the French Constitutional Council is not a purely judicial body, the Constitutional Court of Russian Federation is a powerful judicial court. It consists of 19 judges. Before publishing your articles on this site, please read the following pages: 1. Instead, he served as Prime Minister while Dmitry Medvedev served as president for four years. [11] 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.[11]. 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. Hence it can be safely said that the Constitution of the Russian Federation is a rigid constitution.

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