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Constitutional Law in Russia .........................................................................
Russia is a
fascinating example of a country grappling with varying forms of
federalism. To get a flavour of what is happening in
constitutional law in Russia, consider these details given below:
Russia
- Constitution
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{ Adopted on: 12 Dec 1993 }
[Preamble]
We, the
multinational people of the Russian Federation, united by a common
destiny on our land,
asserting human rights and liberties, civil peace and accord,
preserving the historic unity of the state,
proceeding from the commonly recognized principles of equality and
self-determination of the peoples,
honoring the memory of our ancestors, who have passed on to us
love of and respect for our homeland and faith in good and
justice,
reviving the sovereign statehood of Russia and asserting its
immutable democratic foundations,
striving to secure the well-being and prosperity of Russia and
proceeding from a sense of responsibility for our homeland before
the present and future generations, and
being aware of ourselves as part of the world community,
hereby approve the Constitution of the Russian Federation.
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Chapter 1
Fundamentals
of the Constitutional System
Article 1
The
Russian Federation -- Russia shall be a democratic federal
rule-of-law state with the republican form of government. The
names "Russian Federation" and "Russia" shall
be equivalent.
Article 2
Man,
his rights and freedoms shall be the supreme value. It shall be a
duty of the state to recognize, respect and protect the rights and
liberties of man and citizen.
Article 3
(1) The
multinational people of the Russian Federation shall be the
vehicle of sovereignty and the only source of power in the Russian
Federation.
(2) The people of the Russian Federation shall exercise their
power directly, and also through organs of state power and local
self-government.
(3) The referendum and free elections shall be the supreme direct
manifestation of the power of the people.
(4) No one may arrogate to oneself power in the Russian
Federation. Seizure of power or appropriation of power
authorization shall be prosecuted under federal law.
Article 4
(1) The
sovereignty of the Russian Federation shall apply to its entire
territory.
(2) The Constitution of the Russian Federation and federal laws
shall have supremacy throughout the entire territory of the
Russian Federation.
(3) The Russian Federation shall ensure the integrity and
inviolability of its territory.
Article 5
(1) The
Russian Federation shall consist of republics, territories,
regions, federal cities, an autonomous region and autonomous
areas, which shall be equal subjects of the Russian Federation.
(2) The republic (state) shall have its own constitution and
legislation. A territory, region, federal city, autonomous region
and autonomous area shall have its own charter and legislation
(3) The federated structure of the Russian Federation shall be
based on its state integrity, the uniform system of state power,
delimitation of scopes of authority and powers between the bodies
of state power of the Russian Federation and the bodies of state
power of the subjects of the Russian Federation, equality and
self-determination of the peoples in the Russian Federation.
(4) All the subjects of the Russian Federation shall be equal
among themselves in relations with the Federal bodies of state
power.
Article 6
(1)
Citizenship of the Russian Federation shall be acquired and
terminated in accordance with the Federal law, and shall be one
and equal irrespective of the grounds on which it has been
acquired.
(2) Every citizen of the Russian Federation shall have all the
rights and liberties on its territory and bear equal duties,
stipulated by the Constitution.
(3) A citizen of the Russian Federation may not be stripped of
citizenship or of the right to change it.
Article 7
(1) The
Russian Federation shall be a social state, whose policies shall
be aimed at creating conditions which ensure a dignified life and
free development of man.
(2) The Russian Federation shall protect the work and health of
its people, establish a guaranteed minimum wage, provide state
support for family, motherhood, fatherhood and childhood, and also
for the disabled and for elderly citizens, develop a system of
social services and establish government pensions, benefits and
other social security guarantees.
Article 8
(1)
Unity of economic space, free movement of goods, services and
financial resources, support for competition and freedom of any
economic activity shall be guaranteed in the Russian Federation.
(2) Private, state, municipal and other forms of ownership shall
be recognized and shall enjoy equal protection in the Russian
Federation.
Article 9
(1) The
land and other natural resources shall be used and protected in
the Russian Federation as the basis of the life and activity of
the peoples living on their respective territories.
(2) The land and other natural resources may be in private, state
municipal and other forms of ownership.
Article 10
State
power in the Russian Federation shall be exercised on the basis of
the separation of the legislative, executive and judiciary
branches. The bodies of legislative, executive and judiciary
powers shall be independent.
Article 11
(1)
State power in the Russian Federation shall be exercised by the
President of the Russian Federation, the Federal Assembly (Council
of the Federation and State Duma), the government of the Russian
Federation and courts of the Russian Federation.
(2) State power in the subjects of the Russian Federation shall be
exercised by the organs of state authority formed by them.
(3) The scopes of authority and powers of the bodies of state
authority of the Russian Federation and the bodies of state
authority of the subjects of the Russian Federation shall be
delimited under this Constitution, Federal and other Treaties on
the delimitation of scopes of authority and powers.
Article 12
Local
self-government shall be recognized and guaranteed in the Russian
Federation. Local self-government shall operate independently
within the bounds of its authority. The bodies of local
self-government shall not be part of the state power bodies.
Article 13
(1)
Ideological plurality shall be recognized in the Russian
Federation.
(2) No ideology may be instituted as a state-sponsored or
mandatory ideology.
(3) Political plurality and the multi-party system shall be
recognized in the Russian Federation.
(4) Public associations shall be equal before the law.
(5) The establishment and the activities of public associations,
whose aims and actions are directed at forcible alteration of the
fundamentals of constitutional governance and violation of the
integrity of the Russian Federation and undermining of the
security of the state, the forming of armed units, the incitement
of social, racial, national and religious strife shall be
prohibited.
Article 14
(1) The
Russian Federation shall be a secular state. No religion may be
instituted as state-sponsored or mandatory religion.
(2) Religious associations shall be separated from the state, and
shall be equal before the law.
Article 15
(1) The
Constitution shall have supreme legal force and direct effect, and
shall be applicable throughout the entire territory of the Russian
Federation. Laws and other legal acts adopted by the Russian
Federation may not contravene the Constitution.
(2) Organs of state power and local self-government, officials,
citizens and their associations must comply with the laws and the
Constitution.
(3) The laws shall be officially published. Unpublished laws shall
not be applicable. No regulatory legal act affecting the rights,
liberties or duties of the human being and citizen may apply
unless it has been published officially for general knowledge.
(4) The commonly recognized principles and norms of the
international law and the international treaties of the Russian
Federation shall be a component part of its legal system. If an
international treaty of the Russian Federation stipulates other
rules than those stipulated by the law, the rules of the
international treaty shall apply.
Article 16
(1) The
provisions of the present Chapter of the Constitution shall be the
foundations of the constitutional system of the Russian Federation
and may not be changed except as provided for in this
Constitution.
(2) No other provisions of this Constitution may contravene the
foundations of the constitutional system of the Russian
Federation.
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Chapter 2
Rights and Liberties of Man and Citizen
Article 17
(1) The
basic rights and liberties in conformity with the commonly
recognized principles and norms of the international law shall be
recognized and guaranteed in the Russian Federation and under this
Constitution.
(2) The basic rights and liberties of the human being shall be
inalienable and shall belong to everyone from birth.
(3) The exercise of rights and liberties of a human being and
citizen may not violate the rights and liberties of other persons.
Article 18
The
rights and liberties of man and citizen shall have direct effect.
They shall determine the meaning, content and application of the
laws, and the activities of the legislative and executive branches
and local self-government, and shall be secured by the judiciary.
Article 19
(1) All
people shall be equal before the law and in the court of law.
(2) The state shall guarantee the equality of rights and liberties
regardless of sex, race, nationality, language, origin, property
or employment status, residence, attitude to religion,
convictions, membership of public associations or any other
circumstance. Any restrictions of the rights of citizens on
social, racial, national, linguistic or religious grounds shall be
forbidden.
(3) Man and woman shall have equal rights and liberties and equal
opportunities for their pursuit.
Article 20
(1)
Everyone shall have the right to life.
(2) Capital punishment may, until its abolition, be instituted by
the federal law as exceptional punishment for especially grave
crimes against life, with the accused having the right to have his
case considered in a law court by jury.
Article 21
(1) The
dignity of the person shall be protected by the state. No
circumstance may be used as a pretext for belittling it.
(2) No one may be subjected to torture, violence or any other
harsh or humiliating treatment or punishment. No one may be
subjected to medical, scientific or other experiments without his
or her free consent.
Article 22
(1)
Everyone shall have the right to freedom and personal
inviolability.
(2) Arrest, detention and keeping in custody shall be allowed only
by an order of a court of law. No person may be detained for more
than 48 hours without an order of a court of law.
Article 23
(1) Everyone shall have the right to privacy, to personal and
family secrets, and to protection of one's honor and good name.
(2) Everyone shall have the right to privacy of correspondence,
telephone communications, mail, cables and other communications.
Any restriction of this right shall be allowed only under an order
of a court of law.
Article 24
(1) It
shall be forbidden to gather, store, use and disseminate
information on the private life of any person without his/her
consent.
(2) The bodies of state authority and the bodies of local
self-government and the officials thereof shall provide to each
citizen access to any documents and materials directly affecting
his/her rights and liberties unless otherwise stipulated under the
law.
Article 25
The
home shall be inviolable No one shall have the right to enter the
home against the will of persons residing in it except in cases
stipulated by the federal law or under an order of a court of law.
Article 26
(1)
Everyone shall have the right to determine and state his national
identity. No one can be forced to determine and state his national
identity.
(2) Everyone shall have the right to use his native language,
freely choose the language of communication, education, training
and creative work.
Article 27
(1)
Everyone who is lawfully staying on the territory of the Russian
Federation shall have the right to freedom of movement and to
choose the place to stay and reside.
(2) Everyone shall be free to leave the boundaries of the Russian
Federation. The citizens of the Russian Federation shall have the
right to freely return into the Russian Federation.
Article 28
Everyone
shall be guaranteed the right to freedom of conscience, to freedom
of religious worship, including the right to profess, individually
or jointly with others, any religion, or to profess no religion,
to freely choose, possess and disseminate religious or other
beliefs, and to act in conformity with them.
Article 29
(1)
Everyone shall have the right to freedom of thought and speech.
(2) Propaganda or campaigning inciting social, racial, national or
religious hatred and strife is impermissible. The propaganda of
social, racial, national, religious or language superiority is
forbidden.
(3) No one may be coerced into expressing one's views and
convictions or into renouncing them.
(4) Everyone shall have the right to seek, get, transfer, produce
and disseminate information by any lawful means. The list of
information constituting the state secret shall be established by
the federal law. 5. The freedom of the mass media shall be
guaranteed. Censorship shall be prohibited.
Article 30
(1)
Everyone shall have the right to association,including the right
to create trade unions in order to protect one's interests. The
freedom of public associations activities shall be guaranteed.
(2) No one may be coerced into joining any association or into
membership thereof
Article 31
Citizens
of the Russian Federation shall have the right to gather
peacefully, without weapons, and to hold meetings, rallies,
demonstrations, marches and pickets.
Article 32
(1)
Citizens of the Russian Federation shall have the right to
participate in the administration of the affairs of the state both
directly and through their representatives.
(2) Citizens of the Russian Federation shall have the right to
elect and to be elected to bodies of state governance and to
organs of local self-government, as well as take part in a
referendum.
(3) Citizens who have been found by a court of law to be under
special disability, and also citizens placed in detention under a
court verdict, shall not have the right to elect or to be elected.
(4) Citizens of the Russian Federation shall have equal access to
state service.
(5) Citizens of the Russian Federation shall have the right to
participate in administering justice.
Article 33
Citizens
of the Russian Federation shall have the right to turn personally
to, and send individual and collective petitions to state bodies
and bodies of local self-government.
Article 34
(1)
Everyone shall have the right to freely use his or her abilities
and property for entrepreneurial or any other economic activity
not prohibited by the law.
(2) No economic activity aimed at monopolization or unfair
competition shall be allowed.
Article 35
(1) The
right of private property shall be protected by law.
(2) Everyone shall have the right to have property in his or her
ownership, to possess, use and manage it either individually or
jointly with other persons.
(3) No one may be arbitrarily deprived of his or her property
unless on the basis of decision by a court of law. Property can be
forcibly alienated for state needs only on condition of a
preliminary and equal compensation.
(4) The right of inheritance shall be guaranteed.
Article 36
(1)
Citizens and their associations shall have the right to have land
in their private ownership.
(2) The possession, use and management of the land and other
natural resources shall be freely exercised by their owners
provided this does not cause damage to the environment or infringe
upon the rights and interests of other persons.
(3) The terms and procedures for the use of land shall be
determined on the basis of federal laws.
Article 37
(1)
Work shall be free. Everyone shall have the right to make free use
of his or her abilities for work and to choose a type of activity
and occupation.
(2) Forced labor shall be prohibited.
(3) Everyone shall have the right to work under conditions meeting
the requirements of safety and hygiene, to remuneration for work
without any discrimination whatsoever and not below the statutory
minimum wage, and also the right to security against unemployment.
(4) The right to individual and collective labor disputes with the
use of means of resolution thereof established by federal law,
including the right to strike, shall be recognized.
(5) Everyone shall have the right to rest and leisure. A person
having a work contract shall be guaranteed the statutory duration
of the work time, days off and holidays, and paid annual vacation.
Article 38
(1)
Motherhood and childhood, and the family shall be under state
protection.
(2) Care for children and their upbringing shall be the equal
right and duty of the parents.
(3) Employable children who have reached 18 years old shall care
for their non-employable parents.
Article 39
(1)
Everyone shall be guaranteed social security in old age, in case
of disease, invalidity, loss of breadwinner,to bring up children
and in other cases established by law.
(2) State pensions and social benefits shall be established by
laws.
(3) Voluntary social insurance, development of additional forms of
social security and charity shall be encouraged.
Article 40
(1)
Everyone shall have the right to a home. No one may be arbitrarily
deprived of a home.
(2) State bodies and organs of local self-government shall
encourage home construction and create conditions for the
realization of the right to a home.
(3) Low-income citizens and other citizens, defined by the law,
who are in need of housing shall be housed free of charge or for
affordable pay from government, municipal and other housing funds
in conformity with the norms stipulated by the law.
Article 41
(1)
Everyone shall have the right to health care and medical
assistance. Medical assistance shall be made available by state
and municipal health care institutions to citizens free of charge,
with the money from the relevant budget, insurance payments
another revenues.
(2) The Russian Federation shall finance federal health care and
health-building programs, take measures to develop state,
municipal and private health care systems, encourage activities
contributing to the strengthening of the man's health, to the
development of physical culture and sport, and to ecological,
sanitary and epidemiologic welfare.
(3) Concealment by officials of facts and circumstances posing
hazards to human life and health shall involve liability in
conformity with the federal law.
Article 42
Everyone
shall have the right to a favorable environment, reliable
information about its condition and to compensation for the damage
caused to his or her health or property by ecological violations.
Article 43
(1)
Everyone shall have the right to education.
(2) The accessibility and gratuity of pre-school, general
secondary and vocational secondary education in public and
municipal educational institutions and enterprises shall be
guaranteed.
(3) Everyone shall have the right to receive, free of charge and
on a competitive basis, higher education in a state or municipal
educational institution or enterprise.
(4) Basic general education shall be mandatory. Parents or persons
substituting for them shall make provisions for their children to
receive basic general education.
(5) The Russian Federation shall institute federal state
educational standards and support various forms of education and
self-education.
Article 44
(1)
Everyone shall be guaranteed freedom of literary, artistic,
scientific,intellectual and other types of creative activity and
tuition. Intellectual property shall be protected by the law.
(2) Everyone shall have the right to participation in cultural
life, to the use of institutions of culture, and access to
cultural values.
(3) Everyone shall care for the preservation of the historic and
cultural heritage and safeguard landmarks of history and culture.
Article 45
(1)
State protection for human rights and liberties in the Russian
Federation shall be guaranteed.
(2) Everyone shall have the right to defend his or her rights and
liberties by any means not prohibited by the law.
Article 46
(1)
Everyone shall be guaranteed protection of his or her rights and
liberties in a court of law.
(2) The decisions and actions (or inaction) of state organs,
organs of local self-government, public associations and officials
may be appealed against in a court of law.
(3) In conformity with the international treaties of the Russian
Federation, everyone shall have the right to turn to interstate
organs concerned with the protection of human rights and liberties
when all the means of legal protection available within the state
have been exhausted.
Article 47
(1) No
one may be denied the right to having his or her case reviewed by
the court and the judge under whose jurisdiction the given case
falls under the law.
(2) Anyone charged with a crime has the right to have his or her
case reviewed by a court of law with the participation of jurors
in cases stipulated by the federal law.
Article 48
(1)
Everyone shall be guaranteed the right to qualified legal counsel.
Legal counsel shall be provided free of charge in cases stipulated
by the law.
(2) Every person who has been detained, taken into custody or
charged with a crime shall have the right to legal counsel
(defense attorney) from the moment of, respectively, detention or
indictment.
Article 49
(1)
Everyone charged with a crime shall be considered not guilty until
his or her guilt has been proven in conformity with the procedures
stipulated by the federal law and established by the verdict of a
court of law.
(2) The defendant shall not be obliged to prove his or her
innocence.
(3) The benefit of doubt shall be interpreted in favor of the
defendant.
Article 50
(1) No
one may be repeatedly convicted for the same offense.
(2) In the administration of justice no evidence obtained in
violation of the federal law shall be allowed.
(3) Everyone sentenced for a crime shall have the right to have
the sentence reviewed by a higher court according to the procedure
instituted by the federal law, and also the right to plea for
clemency or mitigation punishment.
Article 51
(1) No
one shall be obliged to give evidence against himself or herself,
for his or her spouse and close relatives, the range of which
shall be established by the federal law.
(2) The federal law may stipulate other exemptions from the
obligation to give evidence.
Article 52
The
rights of persons who have sustained harm from crimes and abuses
of power shall be protected by the law. The state shall guarantee
the victims access to justice and compensation for damage.
Article 53
Everyone
shall have the right to compensation by the state for the damage
caused by unlawful actions (or inaction) of state organs, or their
officials.
Article 54
(1) The
law instituting or aggravating the liability of a person shall
have no retroactive force.
(2) No one may be held liable for an action which was not
recognized as an offense at the time of its commitment. If
liability for an offense has been lifted or mitigated after its
perpetration, the new law shall apply.
Article 55
(1) The
listing of the basic rights and liberties in the Constitution
shall not be interpreted as the denial or belittlement of the
other commonly recognized human and citizens' rights and
liberties.
(2) No laws denying or belittling human and civil rights and
liberties may be issued in the Russian Federation.
(3) Human and civil rights and liberties may be restricted by the
federal law only to the extent required for the protection of the
fundamentals of the constitutional system, morality, health,
rights and lawful interests of other persons, for ensuring the
defense of the country and the security of the state.
Article 56
Individual
Restrictions of rights and liberties with identification of the
extent and of their duration may be instituted in conformity with
the federal constitutional law under conditions of the state of
emergency in order to ensure the safety of citizens and protection
of the constitutional system.
(2) A state of emergency throughout the territory of the Russian
Federation and in individual areas thereof may be introduced in
the circumstances and in conformity with the procedures defined by
the federal constitutional law.
(3) The rights and liberties stipulated by Articles 20, 21, 23
(1), 24, 28, 34 (1), 40 (1), 46-54 of the Constitution shall not
be subject to restriction.
Article 57
Everyone
shall pay lawful taxes and fees Laws introducing new taxes or
worsening the situation of tax payers shall not have retroactive
force.
Article 58
Everyone
shall be obliged to preserve nature and the environment, and care
for natural wealth.
Article 59
(1)
Defense of the homeland shall be a duty and obligation of the
citizen of the Russian Federation.
(2) The citizen of the Russian Federation shall do military
service in conformity with the federal law.
(3) The citizen of the Russian Federation whose convictions and
faith are at odds with military service, and also in other cases
stipulated by the federal law shall have the right to the
substitution of an alternative civil service for military service.
Article 60
The
citizen of the Russian Federation shall be recognized to be of
legal age and may independently exercise his rights and duties in
full upon reaching the age of 18.
Article 61
(1) The
citizen of the Russian Federation may not be deported out of
Russia or extradited to another state.
(2) The Russian Federation shall guarantee its citizens defense
and patronage beyond its boundaries.
Article 62
(1) The
citizen of the Russian Federation may have the citizenship of a
foreign state (dual citizenship) in conformity with the federal
law or international treaty of the Russian Federation.
(2) Possession of the citizenship of a foreign state by the
citizen of the Russian Federation shall not belittle his or her
ranks and liberties or exempt him or her from the duties stemming
from Russian citizenship unless otherwise stipulated by the
federal law or international treaty of the Russian Federation.
(3) Foreign citizens and stateless persons shall enjoy in the
Russian Federation the rights of its citizens and bear their
duties with the exception of cases stipulated by the federal law
or international treaty of the Russian Federation.
Article 63
(1) The
Russian Federation shall grant political asylum to foreign
citizens and stateless citizens in conformity with the commonly
recognized norms of the international law.
(2) The extradition of persons persecuted for their political
views or any actions (or inaction), which are not qualified as
criminal by the law of the Russian Federation, to other states
shall not be allowed in the Russian Federation. The extradition of
persons charged with crimes and also the hand-over of convicts for
serving time in other countries shall be effected on the basis of
the federal law or international treaty of the Russian Federation.
Article 64
The
provisions of these articles form the basis of personal rights in
the Russian Federation and may not be changed other than by the
means set forth in this constitution.
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Chapter 3
Russian Federation
Article 65
(1) The
Russian Federation shall consist of the subjects of the
Federation: Republic of Adygeya (Adygeya), Republic of Altai,
Republic of Bashkortostan, Republic of Buryatia, Republic of
Dagestan, Ingush Republic, Kabardin-Balkar Republic, Republic of
Kalmykia -- Khalmg Tangch, Karachayevo-Cherkess Republic, Republic
of Karelia, Republic of Komi, Republic of Mari El, Republic of
Mordovia, Republic of Sakha (Yakutia), Republic of North Ossetia,
Republic of Tatarstan (Tatarstan), Republic of Tuva, Udmurt
Republic, Republic of Khakasia, Chechen Republic, Chuvash Republic
-- Chavash Republics; Altai Territory, Krasnodar Territory,
Krasnoyarsk Territory, Maritime Territory, Stavropol Territory,
Khabarovsk Territory; Amur Region, Arkhangelsk Region, Astrakhan
Region, Belgorod Region, Bryansk Region, Vladimir Region,
Volgograd Region, Vologda Region, Voronezh Region, Ivanovo Region,
Irkutsk Region, Kaliningrad Region, Kaluga Region, Kamchatka
Region, Kemerovo Region, Kirov Region, Kostroma Region, Kurgan
Region, Kursk Region, Leningrad Region, Lipetsk Region, Magadan
Region, Moscow Region, Murmansk Region, Nizhny Novgorod Region,
Novgorod Region, Novosibirsk Region, Omsk Region, Orenburg Region,
Oryol Region, Penza Region, Perm Region, Pskov Region, Rostov
Region, Ryazan Region, Samara Region, Saratov Region, Sakhalin
Region, Sverdlovsk Region, Smolensk Region, Tambov Region, Tver
Region, Tomsk Region, Tula Relation, Tyumen Region, Ulyanovsk
Region, Chelyabinsk Region, Chita Region, Yaroslavl Region;
Moscow, St. Petersburg -- federal cities; Jewish Autonomous
Region; Aginsky Buryat Autonomous Area, Komi-Permyak Autonomous
Area, Koryak Autonomous Area, Nenets Autonomous Area, Taimyr (Dolgan-Nenets)
Autonomous Area, Ust-Ordynsky Buryat Autonomous Area, Khanty-Mansi
Autonomous Area, Chukchi Autonomous Area, Evenk Autonomous Area,
Yamal-Nenets Autonomous Area.
(2) Accession to the Russian Federation and formation of a new
subject of the Russian Federation within it shall be carried out
as envisaged by the federal constitutional law.
Article 66
(1) The
status of a republic shall be defined by the Constitution and the
constitution of the republic in question.
(2) The status of a territory, region, federal city,and autonomous
region and autonomous area shall be determined by Constitution and
the Charter of the territory, region, city of federal importance,
autonomous region, autonomous area, adopted by the legislative
(representative) body of the relevant subject of the Russian
Federation.
(3) A federal law on autonomous region, autonomous area may be
adopted at the nomination from the legislative and executive
bodies of an autonomous region, autonomous area.
(4) Relations between autonomous areas within a territory or
region may be regulated by the federal law and an agreement
between bodies of state power of the autonomous area and,
respectively, bodies of state power of the territory or the
region.
(5) The status of a subject of the Russian Federation may be
changed only with mutual consent of the Russian Federation and the
subject of the Russian Federation in accordance with the federal
constitutional law.
Article 67
(1) The
territory of the Russian Federation shall incorporate the
territories of its subjects, the internal and territorial seas and
the air space over them.
(2) The Russian Federation shall have sovereign rights and
exercise jurisdiction on the continental shelf and in the
exclusive economic zone of the Russian Federation under the
procedure stipulated by the federal law and norms of international
law.
(3) The boundaries between the subjects of the Russian Federation
may be changed by their mutual agreement.
Article 68
(1) The
state language of the Russian Federation throughout its territory
shall be the Russian language.
(2) The republics shall have the right to institute their own
state languages. They shall be used alongside the state language
of the Russian Federation in bodies of state power, bodies of
local self-government and state institutions of the republics.
(3) The Russian Federation shall guarantee all its peoples the
right to preserve their native language and to create the
conditions for its study and development.
Article 69
The
Russian Federation guarantees the rights of small indigenous
peoples in accordance with the generally accepted principles and
standards of international law and international treaties of the
Russian Federation.
Article 70
(1) The
national flag, State Emblem, and the national anthem, their
description and the procedure for their official use shall be
established by the federal constitutional law.
(2) The capital of the Russian Federation is the city of Moscow.
The status of the capital shall be established by the federal law.
Article 71
The
jurisdiction of the Russian Federation shall include:
a) the adoption and amendment of the Constitution and federal laws
and supervision over compliance with them;
b) the federal structure and territory of the Russian Federation;
c) regulation and protection of the rights and liberties of the
human being and citizen; citizenship of the Russian Federation;
regulation and protection of the rights of national minorities;
d) establishment of the system of federal bodies of legislative,
executive and judiciary power, procedure for the organization and
activities thereof; formation of federal bodies of state power;
e) federal and state property and management thereof;
f) determining the basic principles of federal policy and federal
programs in the field of state structure, the economy, the
environment, and the social, cultural and national development of
the Russian Federation;
g) establishment of the legal framework for a single market;
financial, monetary, credit and customs regulation, emission of
money and guidelines for price policy; federal economic services,
including federal banks;
h) the federal budget; federal taxes and levies; federal funds of
regional development;
i) federal power grids, nuclear energy, fissionable materials;
federal transport, railways, information and communications; space
activities;
j) foreign policy and international relations of the Russian
Federation, international treaties of the Russian questions of war
and peace;
k) foreign trade relations of the Russian Federation;
l) defense and security; defense production; determining
procedures for the sale and purchase of arms, ammunition, military
hardware and other equipment; production of fissionable materials,
toxic substances, narcotics and procedure for the use thereof;
m) defining the status and protection of the state border,
territorial waters, the air space, the exclusive economic zone and
the continental shelf of the Russian Federation;
n) law courts; Prosecutor's Office; criminal, criminal-procedural
and criminal-executive legislation; amnesty and pardon; civil,
civil-procedural and arbitration-procedural legislation; legal
regulation of intellectual property;
o) federal conflict of laws;
p) meteorological service; standards, models, the metric system
and time measurement; geodesy and cartography; names of
geographical objects; official statistics and accounting;
q) state decorations and honorary titles of the Russian
Federation;
r) federal state service.
Article 72
(1) The
joint jurisdiction of the Russian Federation and the subjects of
the Russian Federation shall include:
a) ensuring compliance of the constitutions and laws of the
republics, charters, laws, and other regulatory legal acts of the
territories, regions, federal cities, the autonomous region and
autonomous areas with the Constitution and the federal laws;
b) protection of the rights and freedoms of man and citizen,
protection of the rights of ethnic minorities; ensuring legality,
law and order, and public safety; border zone regime;
c) issues of the possession, use and management of the land,
mineral resources, water an d other natural resources;
d) delimitation of state property;
e) management of natural resources, protection of the environment
and ecological safety; specially protected natural reserves;
protection of historical and cultural monuments;
f) general questions of upbringing, education, science, culture,
physical culture and sports;
g) coordination of health issues, protection of family,
motherhood, fatherhood and childhood; social protection including
social security;
h) implementing measures to combat catastrophes, natural
disasters, epidemics and eliminating consequences thereof;
i) establishment of the general guidelines for taxation and levies
in the Russian Federation;
j) administrative, administrative-procedural, labor, family,
housing, land, water and forestry legislation; legislation on the
sub-surface and environmental protection;
k) cadres of judiciary and law-enforcement agencies; the bar,
notaries;
l) protection of the original environment and traditional way of
life of small ethnic communities;
m) establishment of general guidelines of the organization of the
system of bodies of state power and local self-government;
n) coordination of the international and external economic
relations of the subjects of the Russian Federation, compliance
with the international treaties of the Russian Federation.
(2) The provisions of this Article shall equally apply to the
republics, territories, regions, federal cities, the autonomous
region and autonomous areas.
Article 73
Outside
of the jurisdiction of the Russian Federation and the powers of
the Russian Federation on issues within the joint jurisdiction of
the Russian Federation and the subjects of the Russian Federation,
the subjects of the Russian Federation shall exercise the entire
spectrum of state power.
Article 74
(1) No
customs frontiers, duties, levies, or any other barriers for free
movement of goods, services, or financial means may be established
on the territory of the Russian Federation.
(2) Restrictions on the movement of goods and services may be
established under the federal law, if this is necessary for the
protection of the people's safety, their lives and health,
protection of environment and cultural values.
Article 75
(1) The
monetary unit of the Russian Federation shall be the ruble. The
monetary emission shall be the exclusive responsibility of the
Central Bank of the Russian Federation. No other currencies may be
issued in the Russian Federation.
(2) The protection and stability of the ruble is the main function
of the Central Bank of the Russian Federation which it shall
exercise independently from other bodies of state power.
(3) The system of taxes levied to the federal budget and the
general principles of taxation and levies in the Russian
Federation shall be established by the federal law.
(4) State loans shall be issued in accordance with the procedure
established by the federal law and placed on a strictly voluntary
basis.
Article 76
(1) On
issues within the jurisdiction of the Russian Federation federal
constitutional laws and federal laws shall be adopted having
direct effect throughout the territory of the Russian Federation.
(2) On matters within the joint jurisdiction of the Russian
Federation and the subjects of the Russian Federation federal laws
shall be issued and in accordance with them laws and other
regulatory legal acts of the subjects of the Russian Federation
shall be adopted.
(3) Federal laws may not contravene federal constitutional laws.
(4) Outside of the jurisdiction of the Russian Federation and the
joint jurisdiction of the Russian Federation and the subjects of
the Russian Federation republics, territories, regions, federal
cities, autonomous regions and autonomous areas shall effect their
own legal regulation, including the adoption of laws and other
regulatory legal acts.
(5) Laws and other regulatory legal acts of the subjects of the
Russian Federation may not contravene federal laws adopted in
accordance with Parts (1) and (2) of this Article. In the event of
a contradiction between a federal law and any other act issued in
the Russian Federation, the federal law shall apply.
(6) In the event of a contradiction between the federal law and a
regulatory legal act of a subject of the Russian Federation issued
in accordance with Part (4) of this Article, the regulatory legal
act of the subject of the Russian Federation shall apply.
Article 77
(1) The
system of state power bodies of the republics, territories,
regions, federal cities, the autonomous region, autonomous areas
shall be established by the subjects of the Russian Federation
independently in accordance with the basic principles of the
constitutional system of the Russian Federation and general
principles of the organization of legislative and executive bodies
of power as envisaged by the federal law.
(2) Within the jurisdiction of the Russian Federation and the
powers of the Russian Federation on issues within the joint
jurisdiction of the Russian Federation and the subjects of the
Russian Federation the federal bodies of executive power and
bodies of executive power of the subjects of the Russian
Federation shall form the single system of executive power in the
Russian Federation.
Article 78
(1) To
exercise their powers, the federal bodies of executive power may
set up their own territorial structures and appoint respective
officials.
(2) By agreement with organs of executive power of the subjects of
the Russian Federation, the federal organs of executive power may
delegate to them part of their powers provided this does not
contravene the Constitution or federal laws.
(3) By agreement with the federal organs of executive power,
organs of executive power of the subjects of the Russian
Federation may delegate part of their powers to them.
(4) The President of the Russian Federation and the government of
the Russian Federation shall, under the Constitution, exercise the
authority of federal state power throughout the territory of the
Russian Federation.
Article 79
The
Russian Federation may participate in inter-state associations and
delegate some of its powers to them in accordance with
international agreements if this does not restrict human or civil
rights and liberties or contravene the fundamentals of the
constitutional system of the Russian Federation.
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Chapter
4
President of the Russian Federation
Article 80
(1) The
President of the Russian Federation shall be the head of state.
(2) The President shall be the guarantor of the Constitution, and
of human and civil rights and freedoms. In accordance with the
procedure established by the Constitution, he shall take measures
to protect the sovereignty of the Russian Federation, its
independence and state integrity, and ensure concerted functioning
and interaction of all bodies of state power.
(3) The President of the Russian Federation shall define the basic
domestic and foreign policy guidelines of the state in accordance
with the Constitution and federal laws.
(4) The President of the Russian Federation as head of state shall
represent the Russian Federation inside the country and in
international relations.
Article 81
(1) The
President of the Russian Federation shall be elected for a term of
four years by the citizens of the Russian Federation on the basis
of general, equal and direct vote by secret ballot.
(2) A citizen of the Russian Federation not younger than 35, who
has resided in the Russian Federation for not less than 10 years,
may be elected President of the Russian Federation.
(3) No one person shall hold the office of President of the
Russian Federation f or more than two terms in succession.
(4) The procedure for electing the President of the Russian
Federation shall be determined by federal law.
Article 82
(1) At
his inauguration the President of the Russian Federation shall
take the following oath to the people: "I vow, in the
performance of my powers as the President of the Russian
Federation to respect and protect the rights and freedoms of man
and citizen, to observe and protect the Constitution, to protect
the sovereignty and independence, security and integrity of the
state and to serve the people faithfully."
(2) The oath shall be taken in a solemn atmosphere in the presence
of members of the Council of the Federation, deputies of the State
Duma and judges of the Constitutional Court of the Russian
Federation.
Article 83
The
President of the Russian Federation shall:
a) appoint Chairman of the Government of the Russian Federation
subject to consent of the State Duma;
b) have the right to preside over meetings of the Government of
the Russian Federation;
c) decide on resignation of the Government of the Russian
Federation;
d) introduce to the State Duma a candidature for appointment to
the office of the Chairman of the Central Bank of the Russian
Federation; submit to the State Duma the proposal on relieving the
Chairman of the Central Bank of the Russian Federation of his
duties;
e) appoint and dismiss deputy chairmen of the Government of the
Russian Federation and federal ministers as proposed by the
Chairman of the Government of the Russian Federation;
f) submit to the Federation Council candidates for appointment to
the office of judges of the Constitutional Court of the Russian
Federation, the Supreme Court of the Russian Federation and the
Supreme Arbitration Court of the Russian Federation as well as the
candidate for Prosecutor-General of the Russian Federation; submit
to the Federation Council the proposal on relieving the
Prosecutor-General of the Russian Federation of his duties;
appoint the judges of other federal courts.
g) form and head the Security Council of the Russian Federation,
the status of which is determined by federal law;
h) endorse the military doctrine of the Russian Federation;
i) form the staff of the President of the Russian Federation;
j) appoint and dismiss plenipotentiary representatives of the
President of the Russian Federation;
k) appoint and dismiss the Supreme Command of the Armed Forces of
the Russian Federation;
l) appoint and recall, after consultations with the respective
committees or commissions of the Federal Assembly, diplomatic
representatives of the Russian Federation to foreign states and
international organizations.
Article 84
The
President of the Russian Federation shall:
a) call elections to the chambers of the State Duma in accordance
with the Constitution and federal law;
b) dissolve the State Duma in cases and under procedures envisaged
by the Constitution;
c) call a referendum under procedures established by federal
constitutional law;
d) introduce draft laws in the State Duma;
e) sign and publish federal laws;
f) present annual messages to the Federal Assembly on the
situation in the country and on basic directions of the internal
and external policies of the state.
Article 85
(1) The
President of the Russian Federation may use dispute-settlement
procedures to settle differences between organs of state power of
the Russian Federation and organs of state power of the subjects
of the Russian Federation, and also between organs of state power
of the subjects of the Russian Federation. If no decision is
agreed upon, he may turn the dispute over for review by the
respective court of law.
(2) The President of the Russian Federation shall have the right
to suspend acts by organs of executive power of the subjects of
the Russian Federation if such acts contravene the Constitution
and federal laws, the international obligations of the Russian
Federation, or violate human and civil rights and liberties,
pending the resolution of the issue in appropriate court.
Article 86
The
President of the Russian Federation shall:
a) supervise the conduct of the foreign policy of the Russian
Federation;
b) conduct negotiations and sign international treaties of the
Russian Federation;
c) sign instruments of ratification;
d) accept credentials and instruments of recall of diplomatic
representatives accredited with him.
Article 87
(1) The
President of the Russian Federation shall be the Supreme
Commander-in-Chief of the Armed Forces of the Russian Federation.
(2) In the event of aggression against the Russian Federation or
an immediate threat thereof, the President of the Russian
Federation shall introduce martial law on the territory of the
Russian Federation or in areas thereof with immediate notification
thereof of the Federation Council and the State Duma.
Article 88
Under the circumstances and procedures envisaged by the Federal
Constitutional Law, the President of the Russian Federation shall
impose a state of emergency on the territory of the Russian
Federation or in areas thereof with immediate notification of the
Federation Council and the State Duma.
Article 89
The
President of the Russian Federation shall:
a) resolve issues of citizenship of the Russian Federation and of
granting political asylum;
b) award state decorations of the Russian Federation, confer
honorary titles of the Russian Federation and top military ranks
and top specialized titles;
c) grant pardon.
Article 90
(1) The
President of the Russian Federation shall issue decrees and
executive orders.
(2) The decrees and orders of the President of the Russian
Federation shall be binding throughout the territory of the
Russian Federation.
(3) The decrees and orders of the President of the Russian
Federation may not contravene the Constitution or federal laws.
Article 91
The
President of the Russian Federation shall possess immunity.
Article 92
(1) The
President of the Russian Federation shall assume his powers from
the time he shall be sworn in and terminate his exercise of such
powers with the expiry of his tenure of office from the time the
newly-elected President of the Russian Federation shall have been
sworn in.
(2) The powers of the President of the Russian Federation shall be
terminated in the event of his resignation or sustained inability
due to health to discharge his powers or in the event of
impeachment. In such cases new elections of the President of the
Russian Federation shall be held not later than three months after
the early termination of the President's powers.
(3) In all cases when the President of the Russian Federation
shall be unable to perform his duties such duties shall be
temporarily performed by the chairman of the Government of the
Russian Federation. The acting president of the Russian Federation
shall have no right to dissolve the State Duma, call a referendum
or make proposals on amendment or revision of the provisions of
the Constitution.
Article 93
(1) The
President of the Russian Federation may be impeached by the
Federation Council only on the basis of charges put forward
against him of high treason or some other grave crime, confirmed
by a ruling of the Supreme Court of the Russian Federation on the
presence of indicia of crime in the President's actions and by a
ruling of the Constitutional Court of the Russian Federation
confirming that the procedure of bringing charges has been
observed.
(2) The ruling of the State Duma on putting forward charges and
the decision of the Federation Council on impeachment of the
President shall be passed by the votes of two-thirds of the total
number in each of the chambers at the initiative of at least
one-third of the deputies of the State Duma and in the presence of
the opinion of a special commission formed by the State Duma.
(3) The decision of the Federation Council on impeaching the
President of the Russian Federation shall be passed within three
months of the charges being brought against the President by the
State Duma. The charges against the President shall be considered
to be rejected if the decision of the Federation Council shall not
be passed.
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Chapter 5
Federal Assembly
Article 94
The
Federal Assembly -- Parliament of the Russian Federation -- shall
be the supreme representative and legislative body of the Russian
Federation.
Article 95
(1) The
Federal Assembly shall consist of two chambers -- the Federation
Council and the State Duma.
(2) Two deputies from each subject of the Federation shall be
members of Federation Council: one from the representative and one
from the executive bodies of state authority.
(3) The State Duma shall consist of 450 deputies.
Article 96
(1) The
State Duma shall be elected for a term of four years.
(2) The procedure for forming the Federation Council and the
procedure for electing deputies to the State Duma shall be
established by federal law.
Article 97
(1) Any
citizen of the Russian Federation aged 21 and older who has the
right to take part in elections may be elected deputy to the State
Duma.
(2) One and the same person may not concurrently be a deputy to
the Federation Council and to the State Duma. A deputy to the
State Duma may not be a deputy to any other representative body of
state power or bodies of local self-government.
(3) The deputies to the State Duma shall work on a permanent
professional basis. Deputies to the State Duma may not be employed
in the civil service or engage in any activities for remuneration
other than teaching, research or other creative activities.
Article 98
(1)
Deputies to the Federation Council and deputies to the State Duma
shall possess immunity throughout their term in office. A deputy
may not be detained, arrested, searched except when detained in
the act of perpetrating a crime, and may not be subject to
personal search except when such search shall be authorized by law
to ensure the safety of other people.
(2) The question of stripping a deputy of immunity shall be
decided on the recommendation of the Prosecutor-General of the
Russian Federation by the corresponding chamber of the Federal
Assembly.
Article 99
(1) The
Federal Assembly shall be a permanent body.
(2) The State Duma shall hold its first session on the 30th day
after its election. The President of the Russian Federation may
convene a session of the State Duma before this term.
(3) The first session of the State Duma shall be opened by the
oldest deputy.
(4) From the start of the work of the new State Duma the powers of
the previous State Duma shall cease.
Article 100
(1) The
Federation Council and the State Duma shall sit separately.
(2) The sessions of the Federation Council and the State Duma
shall be open. Each chamber has the right to hold closed sessions
as envisaged by its rules.
(3) The chambers may have joint sessions to hear the addresses of
the President of the Russian Federation, addresses of the
Constitutional Court of the Russian Federation and speeches by
leaders of foreign states.
Article 101
(1) The
Federation Council shall elect from among its members the Chairman
of the Federation Council and his deputies. The State Duma shall
elect from among its members the Chairman of the State Duma and
his deputies.
(2) The Chairman of the Federation Council and his deputies, the
Chairman of the State Duma and his deputies shall preside over the
sessions and supervise the internal rules of the chamber.
(3) The Federation Council and the State Duma shall form
committees and commissions, exercise parliamentary supervision
over issues within their jurisdiction and hold parliamentary
hearings.
(4) Each chamber shall adopt its own rules and solve questions of
internal organization and work.
(5) In order to exercise control over the federal budget the
Federation Council and the State Duma shall form an Accounting
Chamber, the membership and rules of order of which shall be
determined by federal law.
Article 102
(1) The
jurisdiction of the Federation Council shall include: a) approval
of changes of borders between the subjects of the Russian
Federation;
b) approval of the decree of the President of the Russian
Federation on the introduction of martial law;
c) approval of the decree of the President of the Russian
Federation on the introduction of a state of emergency;
d) making decisions on the possibility of the use of the Armed
Forces of the Russian Federation outside the territory of the
Russian Federation;
e) calling of elections of the President of the Russian
Federation;
f) impeachment of the President of the Russian Federation;
g) the appointment of judges of the Constitutional Court of the
Russian Federation, the Supreme Court of the Russian Federation,
and the Supreme Court of Arbitration of the Russian Federation;
h) the appointment to office and the removal from office of the
Prosecutor-General of the Russian Federation;
i) the appointment to office and removal from office of the deputy
Chairman of the Accounting Chamber and half of its staff of its
auditors.
(2) The Federation Council shall pass resolutions on the issues
within its jurisdiction under the Constitution.
(3) The decrees of the Federation Council shall be adopted by a
majority of all deputies to the Federation Council unless
otherwise provided for by the Constitution.
Article 103
(1) The
jurisdiction of the State Duma shall include:
a) granting consent to the President of the Russian Federation for
the appointment of the Chairman of the Government of the Russian
Federation;
b) decisions on confidence in the government of the Russian
Federation;
c) the appointment and dismissal of the Chairman of the Central
Bank of the Russian Federation;
d) the appointment and dismissal of the Chairman of the Accounting
Chamber and half of its staff of auditors;
e) the appointment and dismissal of the Plenipotentiary for Human
Rights acting in accordance with the Federal Constitutional Law;
f) granting amnesty;
g) bringing charges against the President of the Russian
Federation for his impeachment.
(2) The State Duma shall adopt resolutions on the issues of its
jurisdiction envisaged by the Constitution.
(3) The resolutions of the State Duma shall be adopted by a
majority of votes of all deputies of the State Duma unless
otherwise provided for by the Constitution.
Article 104
(1) The
President of the Russian Federation, the Federation Council, the
members to the Federation Council, the deputies to the State Duma,
the Government of the Russian Federation and the legislative
(representative) bodies of the subjects of the Russian Federation
shall have the right of legislative initiative. The Constitutional
Court of the Russian Federation, the Supreme Court of the Russian
Federation and the Supreme Court of Arbitration of the Russian
Federation shall also have the right of legislative initiative
within their jurisdiction.
(2) Draft laws shall be introduced in the State Duma.
(3) The draft laws on the introduction or abolishing of taxes,
exemptions from the payment thereof, on the issue of state loans,
on changes in the financial obligations of the state and other
draft laws providing for expenditures covered from the federal
budget may be introduced to the State Duma only with a
corresponding resolution by the Government of the Russian
Federation.
Article 105
(1)
Federal laws shall be passed by the State Duma.
(2) Federal laws shall be passed by a majority of votes of all
deputies of the State Duma unless otherwise provided for by the
Constitution.
(3) Laws adopted by the State Duma shall be passed to the
Federation Council for review within five days.
(4) A federal law shall be considered passed by the Federation
Council if more than half of its deputies vote for it or if within
fourteen days it has not been considered by the Federation
Council. In the event the Federation Council shall reject the
federal law, the chambers may set up a conciliatory commission to
settle the differences, whereupon the federal law shall again be
considered by the State Duma.
(5) In the event the State Duma shall disagree with the decision
of the Federation Council, the federal law shall be considered
adopted if, in the second voting, at least two-thirds of the total
number of deputies to the State Duma vote for it.
Article 106
The
federal laws adopted by the State Duma shall be considered by the
Federation Council on a mandatory basis if such laws deal with the
issues of: a) the federal budget; b) federal taxes and levies;
c) financial, monetary, credit and customs regulations and money
emission;
d) ratification and denunciation of international treaties of the
Russian Federation;
e) the status and protection of the state border of the Russian
Federation;
f) war and peace.
Article 107
(1) An
adopted federal law shall be sent to the President of the Russian
Federation for signing and publication within five days.
(2) The President of the Russian Federation shall, within fourteen
days, sign a federal law and publish it.
(3) If the President rejects a federal law within fourteen days
since it was sent to him, the State Duma and the Federation
Council shall again consider the law in accordance with the
procedure established by the Constitution. If, during the second
hearings, the federal law shall be approved in its earlier draft
by a majority of not less than two thirds of the total number of
deputies of the Federation Council and the State Duma, it shall be
signed by the President of the Russian Federation within seven
days and published.
Article 108
(1)
Federal constitutional laws shall be passed on issues specified in
the Constitution.
(2) A federal constitutional law shall be considered adopted, if
it has been approved by a majority of at least three quarters of
the total number of deputies of the Federation Council and at
least two thirds of the total number of deputies of the State Duma.
The adopted federal constitutional law shall be signed by the
President of the Russian Federation within fourteen days and
published.
Article 109
(1) The
State Duma may be dissolved by the President of the Russian
Federation in cases stipulated in Articles 111 and 117 of the
Constitution.
(2) In the event of the dissolution of the State Duma, the
President of the Russian Federation shall determine the date of
elections so that the newly-elected State Duma shall convene not
later than four months since the time of dissolution.
(3) The State Duma may not be dissolved on grounds provided for by
Article 117 of the Constitution within one year after its
election.
(4) The State Duma may not be dissolved since the time it has
brought accusations against the President of the Russian
Federation and until a corresponding decision has been taken by
the Federation Council.
(5) The State Duma may not be dissolved during the period of the
state of emergency or martial law throughout the territory of the
Russian Federation, as well as within six months of the expiry of
the term of office of the President of the Russian Federation.
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Chapter 6
The
Government of the Russian Federation
Article 110
(1)
Executive power in the Russian Federation shall be exercised by
the Government of the Russian Federation.
(2) The Government of the Russian Federation shall consist of the
Chairman of the Government of the Russian Federation, Deputy
Chairmen of the Government and federal ministers.
Article 111
(1) The
Chairman of the Government of the Russian Federation shall be
appointed by the President of the Russian Federation with consent
of the State Duma.
(2) The proposal on the candidacy of the Chairman of the
Government of the Russian Federation shall be made no later than
two weeks after the inauguration of the newly-elected President of
the Russian Federation or after the resignation of the Government
of the Russian Federation or within one week after the rejection
of the candidate by the State Duma.
(3) The State Duma shall consider the candidacy of the Chairman of
the Government of the Russian Federation submitted by the
President of the Russian Federation within one week after the
nomination.
(4) After the State Duma thrice rejects candidates for Chairman of
the Government of the Russian Federation nominated by the
President of the Russian Federation, the President of the Russian
Federation shall appoint Chairman of the Government of the Russian
Federation, dissolve the State Duma and call a new election.
Article 112
(1) The
Chairman of the Government of the Russian Federation shall, not
later than one week after appointment, submit to the President of
the Russian Federation proposals on the structures of the federal
bodies of executive power.
(2) The Chairman of the Government of the Russian Federation shall
propose to the President of the Russian Federation candidates for
the office of Deputy Chairmen of the Government of the Russian
Federation and federal ministers.
Article 113
The
Chairman of the Government of the Russian Federation, in
accordance with the Constitution, federal laws and decrees of the
President of the Russian Federation shall determine the guidelines
of the work of the Government of the Russian Federation and shall
organize its work.
Article 114
(1) The
Government of the Russian Federation shall:
a) develop and submit the federal budget to the State Duma and
ensure compliance therewith; submit a report on the execution of
the federal budget to the State Duma;
b) ensure the implementation in the Russian Federation of a
uniform financial, credit and monetary policy;
c) ensure the implementation in the Russian Federation of a
uniform state policy in the field of culture, science, education,
health, social security and ecology;
d) manage federal property;
e) adopt measures to ensure the country's defense, state security
and the implementation of the foreign policy of the Russian
Federation;
f) implement measures to ensure legality, the rights and freedoms
of citizens, protect property and public law and order and control
crime;
g) exercise any other powers vested in it by the Constitution,
federal laws and the decrees of the President of the Russian
Federation.
(2) The work of the Government of the Russian Federation shall be
regulated by federal constitutional law.
Article 115
(1) On
the basis of and pursuant to the Constitution, federal laws and
normative decrees of the President of the Russian Federation the
Government of the Russian Federation shall issue decrees and
orders and ensure their implementation thereof.
(2) The decrees and orders of the Government of the Russian
Federation shall be binding throughout the Russian Federation.
(3) The decrees and executive orders of the Government of the
Russian Federation may be repealed by the President of the Russian
Federation if they contravene the Constitution, federal laws and
the decrees of the President of the Russian Federation.
Article 116
The
Government of the Russian Federation shall lay down its powers
before the newly-elected President of the Russian Federation.
Article 117
(1) The
Government of the Russian Federation may hand in its resignation
which may be accepted or rejected by the President of the Russian
Federation.
(2) The President of the Russian Federation may take a decision
about the resignation of the Government of the Russian Federation.
(3) The State Duma may express non-confidence in the Government of
the Russian Federation. The non-confidence resolution shall be
approved by a simple majority of deputies in the State Duma. In
the event the State Duma shall again express non-confidence in the
Government of the Russian Federation within three months, the
President of the Russian Federation shall announce the resignation
of the Government or dissolve the State Duma.
(4) The Chairman of the Government of the Russian Federation may
put the question of confidence in the Government of the Russian
Federation before the State Duma. In the case of a non-confidence
vote by the State Duma, the President shall within seven days make
a decision about the resignation of the Government of the Russian
Federation or about the dissolution of the State Duma and call a
new election.
(5) If the Government of the Russian Federation resigns or lays
down its powers, it shall, following instructions by the President
of the Russian Federation, continue working until the formation of
a new government of the Russian Federation.
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Chapter 7
Judiciary
Article 118
(1)
Justice in the Russian Federation shall be administered only by
law courts.
(2) Judiciary power shall be exercised to constitutional, civil,
administrative and criminal process.
(3) The judiciary system of the Russian Federation shall be
established by the Constitution and the federal constitutional
law. The creation of extraordinary courts shall be forbidden.
Article 119
Citizens
of the Russian Federation aged 25 and older, holding a law degree
and having worked in the law profession for at least five years
may become judges The federal law may establish additional
requirements for judges in the courts of the Russian Federation.
Article 120
(1)
Judges shall be independent and shall obey only the Constitution
and the federal law.
(2) A court of law, having established the illegality of an act of
government or any other body, shall pass a ruling in accordance
with law.
Article 121
(1)
Judges may not be replaced.
(2) A judge may not have his powers terminated or suspended except
under procedures and on grounds established by federal law.
Article 122
(1)
Judges shall possess immunity.
(2) Criminal proceedings may not be brought against a judge except
as provided f or by federal law.
Article 123
(1) All
trials in all law courts shall be open. The hearing of a case can
be in camera in cases provided by the federal law.
(2) Hearing of criminal cases in law courts in absentia shall not
be allowed except the cases provided for by the federal law.
(3) The trial shall be conducted on an adversarial and equal
basis.
(4) In cases stipulated by federal law trials shall be held by
jury.
Article 124
Law
courts shall be financed only out of the federal budget and
financing shall ensure full and independent administration of
justice in accordance with federal law.
Article 125
(1) The
Constitutional Court of the Russian Federation consists of 19
judges.
(2) The Constitutional Court of the Russian Federation on request
by the President of the Russian Federation, the State Duma,
one-fifth of the members of the Federation Council or deputies of
the State Duma, the Government of the Russian Federation, the
Supreme Court of the Russian Federation and Supreme Arbitration
Court of the Russian Federation, bodies of legislative and
executive power of subjects of the Russian Federation shall
resolve cases about compliance with the Constitution of:
a) federal laws, normative acts of the President of the Russian
Federation, the Federation Council, State Duma and the Government
of the Russian Federation;
b) republican constitutions, charters, as well as laws and other
normative acts of subjects of the Russian Federation published on
issues pertaining to the jurisdiction of bodies of state power of
the Russian Federation and joint jurisdiction of bodies of state
power of the Russian Federation and bodies of state power of
subjects of the Russian Federation;
c) agreements between bodies of state power of the Russian
Federation and bodies of state power of subjects of the Russian
Federation, agreements between bodies of state power of subjects
of the Russian Federation;
d) international agreements of the Russian Federation that have
not entered into force.
(3) The Constitutional Court of the Russian Federation shall
resolve disputes over jurisdiction:
a) between the federal state bodies;
b) between state bodies of the Russian Federation and state bodies
of the subjects of the Russian Federation;
c) between supreme state bodies of subjects of the Russian
Federation.
(4) The Constitutional Court of the Russian Federation, proceeding
from complaints about violation of constitutional rights and
freedoms of citizens and requests from courts shall review the
constitutionality of the law applied or due to be applied in a
specific case in accordance with procedures established by federal
law.
(5) The Constitutional Court of the Russian Federation on request
by the President of the Russian Federation, the Federation
Council, State Duma, the Government of the Russian Federation,
legislative bodies of subjects of the Russian Federation shall
interpret the Constitution.
(6) Acts and their provisions deemed unconstitutional shall loose
force thereof; international agreements of the Russian Federation
may not be enforced and applied if they violate the Constitution.
(7) The Constitutional Court of the Russian Federation on request
of the Federation Council shall rule on compliance with
established procedures when charging the President of the Russian
Federation with state treason or other grave crime.
Article 126
The
Supreme Court of the Russian Federation shall be the highest
judiciary body on civil, criminal, administrative and other
matters triable by general jurisdiction courts, and shall effect
judiciary supervision over their activity in line with federal
procedural forms and shall offer explanations on judicial practice
issues.
Article 127
The
Supreme Arbitration Court of the Russian Federation shall be the
highest judiciary body resolving economic disputes and other cases
considered by arbitration courts, and shall carry out judicial
supervision over their activity in line with federal legal
procedures and shall offer explanations on questions of judiciary
practice.
Article 128
(1)
Judges of the Constitutional Court of the Russian Federation, of
the Supreme Court of the Russian Federation, of the Supreme
Arbitration Court of the Russian Federation shall be appointed by
the Federation Council following nomination by the President of
the Russian Federation.
(2) Judges of other federal courts shall be appointed by the
President of the Russian Federation in accordance with procedures
established by federal law.
(3) The powers, and procedure of the formation and activities of
the Constitutional Court of the Russian Federation, the Supreme
Court of the Russian Federation and the Supreme Arbitration Court
of the Russian Federation and other federal courts shall be
established by federal constitutional law.
Article 129
(1) The
Prosecutor's Office of the Russian Federation is a single
centralized system in which lower prosecutors are subordinated to
higher prosecutors and the Prosecutor-General of the Russian
Federation.
(2) The Prosecutor-General of the Russian Federation shall be
appointed to his post and relieved from the post by the Federation
Council on nomination by the President of the Russian Federation.
(3) Prosecutors of subjects of the Russian Federation shall be
appointed by the Prosecutor-General of the Russian Federation
after consultations with its subjects.
(4) Other prosecutors shall be appointed by the Prosecutor-General
of the Russian Federation.
(5) The powers, organization and working procedure for the
Prosecutor's Office of the Russian Federation shall be determined
by federal law.
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Chapter 8
Local Self-Government
Article 130
(1)
Local self-government in the Russian Federation shall ensure
independent solution by the population of local issues, the
ownership, use and disposal of municipal property.
(2) Local self-government shall be exercised by the citizens
through referendums, elections and forms of expression of their
will, through elected and other bodies of local self-government.
Article 131
(1)
Local self-government shall be exercised in the cities, rural
areas and other localities taking into account historical and
other local traditions. The structure of bodies of local
self-government shall be determined by the population
independently.
(2) The borders of territorial entities under local
self-government shall be changed only with the consent of their
population.
Article 132
(1) The
bodies of local self-government shall independently manage
municipal property, form, approve and execute the local budget,
establish local taxes and levies, ensure law and order and solve
any other local issues.
(2) The bodies of local self-government may be invested under law
with certain state powers with the transfer of material and
financial resources required to exercise such powers. The exercise
of the powers transferred shall be supervised by the state.
Article 133
Local
self-government in the Russian Federation shall be guaranteed by
the right to judicial protection and compensation for any
additional expenses arising from the decisions passed by the
bodies of state power, and the ban on the restrictions of the
rights of local self-government established by the Constitution
and federal laws.
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Chapter 9
Constitutional
Amendments and Revisions
Article 134
Proposals
on amendments and revision of constitutional provisions may be
made by the President of the Russian Federation, the Federation
Council, the State Duma, the Government of the Russian Federation,
legislative (representative) bodies of the subjects of the Russian
Federation as well as groups of deputies numbering not less than
one-fifth of the total number of deputies of the Federation
Council or the State Duma.
Article 135
(1) The
provisions of Chapters 1, 2 and 9 of the Constitution may not be
revised by the Federal Assembly.
(2) In the event a proposal to revise any provisions in Chapters
1, and 9 of the Constitution shall be 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.
(3) The Constitutional Assembly may either confirm the
inviolability of the Constitution or develop a new draft of the
Constitution which shall be adopted by two-thirds of the total
number of deputies to the Constitutional Assembly or submitted to
popular voting. The Constitution 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 have taken part
in the poll.
Article 136
Amendments
to Chapters 3 to 8 of the Constitution shall be adopted in
accordance with the procedures envisaged for the adoption of a
federal constitutional law and shall come into force following t
he approval thereof by no less than two-thirds of the subjects of
the Russian Federation.
Article 137
(1)
Changes to Article 65 of the Constitution which determines the
composition of the Russian Federation, shall be made on the basis
of the federal constitutional law on admission to the Russian
Federation and the formation within the Russian Federation of a
new subject and on a change of the constitutional-legal status of
the subject of the Russian Federation.
(2) In the event of a change in the name of the republic,
territory, region, federal cities, autonomous region and
autonomous area, the new name of the subject of the Russian
Federation shall be included in Article 65 of the Constitution.
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[Chapter
10] Concluding
and Transitional Provisions
Section 1
(1) The
Constitution comes into force from the day of its official
publication on the basis of the results of a nationwide vote.
(2) The election day, December 12, 1993 is considered the day of
adoption of the Constitution.
(3) Simultaneously, the Constitution (Fundamental Law) of the
Russian Federation - Russia, adopted 12 April, 1978, with the
changes and amendments that followed, ceases to be valid.
(4) In the event of a situation of nonconformity between the
Constitution and the Federal Treaty - the Agreement on the
Delineation of Jurisdiction and Powers between the Federal Bodies
of State Power of the Russian Federation and the Bodies of State
Power of the Sovereign Republics making up the Russian Federation,
the Agreement on the Delineation of Jurisdiction and Powers
between the Federal Bodies of State Power of the Russian
Federation and Bodies of State Power of the territories, regions,
the cities of Moscow and St. Petersburg of the Russian Federation,
the Agreement on the Delineation of Jurisdiction and Powers
between the Federal Bodies of State Power of the Russian
Federation and Bodies of State power of the autonomous region,
autonomous areas making up the Russian Federation, and similarly
other agreements between the Federal Bodies of State Power of the
Russian Federation and Bodies of State Power of the subjects of
the Russian Federation, agreements between Bodies of State Power
of the subjects of the Russian Federation, the provisions of the
Constitution shall apply.
Section 2
Laws
and other legal acts in effect on the territory of the Russian
Federation until the enactment of this Constitution are enforced
in so far as they do not contravene the Constitution.
Section 3
The
President of the Russian Federation, elected in accordance with
the Constitution (Fundamental Law) of the Russian Federation -
Russia, from the day this Constitution takes effect exercises the
powers set down in the Constitution until the end of his term for
which he was elected.
Section 4
The
Council of Ministers - the Government of the Russian Federation
from the day this Constitution takes effect assumes the rights,
duties and responsibilities of the Government of the Russian
Federation set down in the Constitution and in future shall be
designated as the Government of the Russian Federation.
Section 5
(1)
Courts in the Russian Federation exercise the right to administer
justice in accordance with their powers as set down in this
Constitution.
(2) After the Constitution takes effect the judges of all courts
of the Russian Federation preserve their powers until the end of
their terms for which they were elected. Vacancies shall be filled
in accordance with the procedures set down in this Constitution.
Section 6
(1)
Until the adoption of a federal law setting forth the procedures
for trial by jury, the prior procedure for conducting trials shall
be retained.
(2) Until the enforcement of criminal-procedural legislation of
the Russian Federation in accordance with the provisions of this
Constitution, the prior procedures of the arrest, custody and
detention of individuals suspected of committing crimes shall be
maintained.
Section 7
The
Federal Council and the State Duma of the first convocation shall
be elected for a two-year term.
Section 8
The
Federation Council shall hold its first session on the 30th day
after election. The first session of the Federation Council shall
be opened by the President of the Russian Federation.
Section 9
(1) A
deputy of the State Duma of the first convocation may
simultaneously be a member of the Government of the Russian
Federation. Deputies of the State Duma - members of the Government
of the Russian Federation - are not covered by the provisions of
this Constitution concerning deputies' immunity from
responsibility for their activities (or their lack of activity)
connected with the execution of their official duties.
(2) Deputies of the Federation Council of the first convocation
shall exercise their powers on a temporary
basis.
WE Shall Be
Coming Up With The Following Additions:
Russian
Government
Russian Courts (in Russian)
Federation Council
The Legislation in Russia
Russian Government Sites
Russian Minorities and Citizenship Laws in the Baltics, an article
by Brian Moffitt
Keep Watching
this section for more on Russia
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came into existence more than a century after the first courts
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Supreme Court of Bangladesh:
The territorial area of Bangladesh originally being a part and
parcel of the then Indian Sub-continent, the history of its legal
system may be traced back from the year of 1726,when King George-I
issued a Charter changing the judicial administration of the
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Civil and Criminal Courts, as established, started deriving their
authority from the King....
The International Court of Justice
is the principal judicial organ of the United Nations. Its seat is
at the Peace Palace in The Hague (Netherlands). It began work in
1946, when it replaced the Permanent Court of International
Justice which had functioned in the Peace Palace since 1922. It
operates under a Statute largely similar to that of its
predecessor, which is an integral part of the Charter of the
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