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15 Salient Features of the

Constitution of Russia
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1. Written, Enacted and Adopted Constitution:

The Constitution of Russian Federation is a written adopted and

enacted constitution. “The election day, December 12, 1993 is
considered as the day of the adoption of the Constitution of the
Russian Federation.” With effect from this day the previous
constitution of the Russian Federation ceased to be valid. All
those laws which were in any way in conflict with the new
constitution were also declared invalid.

The Constitution of the Russian Federation was specially drafted,

passed, enacted and adopted by the people of the Russian
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Federation.Read
It consists
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of two parts (1) Section A consisting of 137
 Articles and (2) Second Part containing 9 Articles covering
Concluding and Transitional Provisions.

2. Rigid Constitution:

(Special Method of Amendment) Chapter 9 of section one of the

Russian Constitution contains provisions regarding constitutional
amendments and revisions. It has 4 Articles. It provides for a
rigid method of amendment. The constitution provides two
separate methods of amendment, one for the amendment of
chapters 3 to 8 and the other for the amendment of chapters, 1, 2
and 9.

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Proposals for the amendment and revision of constitutional

provisions can be made by the President of Russia, the Federation
Council, the State Duma ( i.e. the two Homes of Russian
legislature), the Government of the Russian Federation
(Executive), Legislative (Representative) bodies of the Subjects
(units) of the Russian Federation as well as by groups of the
deputies numbering not less than 1/5th of the total number of the
members of the two houses (Federation Council and the State
Duma) of the Russian legislature, (Art 134).

(A) Procedure for amending Chapters 3 to 8 to the

Constitution:

An amendment proposal thus passed gets incorporated in the

constitution only when at least 2/3rd of the Subjects (units) of the
Russian Federation approve it in accordance with the special
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proceduresRead
laid down
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 constitutional laws by the Subjects of Russian Federation (Art
136).

(B) Procedure for amending Chapters 1, 2 and 9 of the

Constitution:

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Regarding Chapter 1, 2 and 9 (Fundamentals of the constitutional

system, Rights and Liberties of Man and Citizens, and
Constitutional Amendments and Revisions), Articles 135 lays
down a special and a more rigid procedure of amendment:

(a) The constitution states that the provisions of chapters 1, 2 and

9 may not be revised by the Federal Assembly.

(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.

(c) Thereupon a Constitutional Assembly is to be convened in

accordance with the federal constitutional law.

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(d) The Constitutional Assembly can either reject the demand for
revision or adopt the amendment by a 2/3rd majority of its total
membership or it can be submitted to a popular vote
(referendum). The amendment gets adopted only when at least
50% of the total electorate participates in such polling and at least
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 51% votes are polled in favour of the adoption of the new
amendment.

It is indeed a very rigid method of revision which, however,

covers only chapter 1, 2 and 9 of the Constitution of Russian
Federation. 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. Both the methods are special as well as rigid
methods. Hence it can be safely said that the Constitution of the
Russian Federation is a rigid constitution.

3. Fundamentals of the Constitutional System:

A really unique feature of the Constitution of Russian Federation

is its Chapter 1 which lays down the fundamentals of the
constitutional system. It can be described as the governing
chapter which lays down the general features and properties of
the Constitution. It contains 16 Articles.

These lay down several fundamental principles which can be

amended, but only in a very difficult way. These constitute the
charter of the spirit and ideology of the Constitution of the
Russian Federation. This chapter expresses full faith in the
ideology of liberalism and democracy. Art 2 states, “Man, his
rights and freedoms shall be the supreme value. It shall be the
duty of the State to recognize, respect and protect the rights and
liberties of man and citizens.”

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 Chapter one recognises the multinational character of Russian
society and declares the sovereignty of the Russian Federation.
Further, it describes the Russian Federation as “a social state
committed to secure through its policies a dignified life and
development for all the people.”

(i) Regarding the Russian political system, the Fundamental

Principles lay down that the Russian Federation shall be a truly
federal and democratic polity, and

(ii) Separation of the legislative, executive and judicial branches

shall be the basis for the exercise of state power. Article 13 lays
down that ideological plurality shall be followed in the Russian
Federation and that there shall be no state ideology or state
sponsored ideology.

Incorporation of this Article was essential to make a complete

break from the past. The communist state had in the past placed
the ideology of socialism above all the people of the erstwhile
USSR. The Russian Constitution makes these fundamental
principles sacrosanct. 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. Art 135
which provides for a very difficult method of amendment for
Chapter 1, 2, and 9 of the Constitution).”

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Chapter 1 enjoys constitutional protection, as Art 16 records: “No

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other provision of this constitution may contravene the
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 foundations of the constitutional system of the Russian
Federation.” In simple words we can say Chapter 1 lays down the
Basic Structure of the Russian Federation in the form of
Fundamentals of the constitutional system and makes these
inviolable foundations of the Constitution.

4. Fundamental Rights and Liberties of Man and Citizens:

In its Chapter 2, the Constitution of the Russian Federation grants

and guarantees fundamental rights and freedoms to all its people.
Articles 17 to 64 (48 Articles) of the Constitution lay down the
basic rights and liberties of the people. Chapter 2 is the lengthiest
chapter and it incorporates a very detailed enumeration of the
basic rights and liberties of man and citizen.

After declaring these to be inalienable rights, it records that these

shall determine the meaning of all laws and actions of the state.
The Constitution in its Article 55 also lays down: “The listing of
the basic rights and liberties in the constitution of Russian
Federation shall not be interpreted as the denial or belittlement
of the other commonly recognized human and citizens rights and
liberties.” In other words, it gives recognition to natural human
rights of man.

The Chapter on Rights and Liberties lays down that no law can be
made by the state against the basic rights and liberties of the
people. It also recognizes and grants protection to human rights
of all. “No laws denying or belittling human and civil rights and
liberties may be issued by the Russian Federation” (Art 55(2)).

Thus, of
Top 5 Theories the Constitution
Learning – Explained!of Russian Federation grants to its people
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several rights and liberties, gives to these constitutional and legal
 protection and places full faith in Human rights and freedoms of
all the people. However, it also lays down the principles under
which some limitations can be imposed on these. Art 55(3)
declares: “Human and civil rights and freedoms may be restricted
by the federal law only to the extent required for the protection
of the fundamentals of the constitutional system (as laid down in
Chapter 1), morality, health, rights and lawful interests of the
persons, for ensuring the defence of the country and the security
of the state.”

5. Federalism:

The Constitution of Russian Federation is based upon the true

spirit of federalism. The name of the state: “Russian Federation”
shows the presence of federalism. Chapter 3 of the constitution
explains in detail the federal system in its true spirit and shape.

Art 1 of the Constitution declares:

“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. Areas,
and 2 Federal Cities. It however, uses the term ‘Subjects’ to refer
to ail the constituent parts of the Russian Federation.

6. The constitution describes the status of each unit of the

federation and recognizes this status as adopted by the
legislative representative body of each Subject:

No federal law on any Subject can be passed except on the

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(nomination) of the executive and legislative body of the
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concerned Subject. The status of no Subject can be changed
 without the consent of concerned Subject. Thus, the constitution
provides for a federation and gives due respect to the autonomy
of the units (Subjects) of the Russian Federation.

It describes the jurisdiction of the Russian Federation as well as

its concurrent jurisdiction with the Subjects of the Russian
Federation and grants residuary jurisdiction to the Subjects. In
this way, it follows a practice similar to the Constitution of the
USA. The Constitution of Russian Federation describes itself as a
federal state. In reality also a federal system is at work in Russia.

7. Republicanism:

The Constitution of the Russian Federation is a republican

constitution. Article 1 of the constitution declares Russia to be a
Republic. Art 80 provides for the office of the President and
describes him as the head of state. Art 81 lays down: “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.”

No person can hold the office of the President for more than two
terms in succession. It follows that after completing two
consecutive terms in office, the person will have to wait for at
least 4 years to seek a fresh election to this highest office of the
land.

In 2008, President Putin respected this rule and decided against

contesting the election for a third time. He preferred to accept the
office of Prime Minister of Russia for keeping himself in power in
the state.
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 Presently Mr. Dmitry Medvedev is the President and Mr. Putin is
the Prime Minister of Russia.

8. Mixture of Presidential and Parliamentary Forms:

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Like the constitution of France, and unlike the constitutions of the

USA, UK and India, the Constitution of Russian Federation
provides for a mixed Presidential-Parliamentary Model. The
President is the head of state with some real executive powers.
He stands empowered to define the basic domestic and foreign
policy guidelines of the state.

He represents the Russian Federation within the federation as

well as in international relations. He appoints the chairman of
the Government of the Russian Federation with the consent of the
State Duma and has the right to preside over the meetings of the
Government of Russia. He is the guardian protector of the
Constitution and can reject any decision of the Government
which contravenes the provisions of the constitution. He holds a
definite tenure and can be removed only by a difficult process of
impeachment.

The constitution also provides for a separation of powers

between the executive, legislative and judicial organs of
government describes it as a fundamental principle of the
constitutional system. The Government of the Russian Federation
works under the direction and final control of the President of
Russia. All these features indicate the incorporation of a
presidential
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 Along with it, the Constitution in its Chapter 6 (Art 110 to 117)
provides for the Government of the Russian Federation, It
consists of a chairman, some deputy chairmen and several
federal ministers. The President appoints the chairman with the
consent of State Duma – the lower house of the Federal
Legislature. Other members of the Government are appointed by
the President on the recommendation of the Chairman of the
Government.

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The office of Chairman resembles the office of the Premier of

China. 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.
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.

This feature makes the Government of Russian Federation

collectively responsible before the State Duma. These features
indicate the presence of a parliamentary form.

The Constitution of Russian Federation provides for a mixed

model Presidential— Parliamentary form. However, the balance
is decidedly in favour of the Presidential Form. It can be fairly
concluded that Russia has a presidential system of government
with some features of a parliamentary form of government.

9. Bicameralism:
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 The national legislature of the Russian Federation stands
designated as the Federal Assembly. Art 94 describes it as the
supreme representative and legislative body of the Russian
Federation. It is a bicameral legislature. Its two houses are the
Federation Council and the State Duma.

The Federation Council is the upper house. Each Subject of the

Russian Federation sends two deputies to Federation Council—
one deputy is sent by the legislature/representative body and the
second deputy by the executive body of each Subject.

The State Duma consists of 450 deputies who are elected by the
people of Russia for tenure of four years. Of the two houses, the
State Duma has been given more powers then the Federation
Council. Drafts for law-making can be introduced in the State
Duma. After having passed by it, these are sent, to the Federation
Council with in five days. The Federation Council has to act
within fourteen days.

The laws passed by State Duma when passed by the Federation

Council become Acts. If the Federation Council fails to take a
decision within 14 days, these are considered to have been passed
by it. In case the Federation Council rejects a law within 14 days,
the two chambers can set up a conciliatory commission for
settling the differences. 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.

In this way the authority to give a final verdict on every law rests
with the
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 Assembly require the signatures of the President of Russia for
becoming Acts.

The President can exercise a sort of suspensory veto over any

federal law passed by the two houses of Federal Assembly. If the
President returns any law to the Federal Assembly within 14 days
of its receipt, the concerned law has to secure a re-passage from
by the State Duma and the Federation Council by a majority of at
least 2/3rd of the total number of deputies in each of these two
Houses. 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. In such a situation he cannot refuse to sign it.

The Federal Assembly is a bicameral legislature with Federation

Council as the upper and State Duma as the lower house. It has
the law-making power over all federal and concurrent issues.
However, the President of Russia can exercise a suspensory veto
over the laws passed by the Federal Assembly and the
Constitutional Court of the Russian Federation can conduct
judicial review over the laws passed by it.

10. Independent and Powerful Judiciary:

The Constitution of the Russian Federation affects a separation

between the legislative, executive and judicial branches of the
Government. Article 10 declares: “The bodies of legislative,
executive and judicial powers shall be independent.” It ensures
the presence of an independent Judiciary. It contains all the
provisions deemed necessary for securing the independence of
judicial. It makes the judiciary a guardian, protector and final
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interpreter of the constitution and the rights and liberties of the
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people.
 11. Constitutional Court:

Like the constitution of Fifth Republic France, the Constitution of

Russian Federation also provides for the institution of the
Constitutional Court of the Russian Federation. 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.

It has the power to settle Federal-Subject disputes, to protect the

constitutional rights and freedoms of the citizens and to protect
the constitution from unconstitutional acts of the Federal
Government as well as of the legislatures and governments of the
Subjects of Russian Federation. Further, it has the power to
interpret the constitution and apply it to specific cases. Any law
or any part of a law which is declared unconstitutional by the
Constitutional Court cases to remain operative thereafter.

12. Supreme Court of the Russian Federation and the

Supreme Arbitration Court of Russian Federation:

The Constitution establishes the Supreme Court of the Russian

Federation and describes it as the highest judicial body on civil,
criminal, administrative and other matters. All federal judicial
courts work under the supervision of the Supreme. Court.

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. All arbitration
courts work under the judicial supervision of the Supreme Court
of Arbitration. The judges of both these courts are appointed by
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the President of Russia.
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 13. Office of the Prosecutor General and Other Prosecutors:

Under its Article 129, the Constitution provides for the office of
Prosecutor-General (PG) and under him a chain of offices of
prosecutors. 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.

The Prosecutor General is appointed by the President upon the

nomination made by the Federation Council. Prosecutors of
Subjects of Russian Federation are appointed by the Prosecutor
General in consultation with the government of the Subjects. All
other prosecutors are appointed by the Prosecutor General.

14. System of Local Self Government:

In its Chapter 8, the Constitution of Russia contains provisions

regarding Local Self-Government. It provides for the creation of
independent local self-government institutions for the cities,
rural areas and other localities. The people of each local area
enjoy the right to organize and run their local government.

Each unit of local self-government is an elected and autonomous

unit. It caters to the local needs and decides all local issues with
the regular and active involvement of the local people and their
local representatives. The bodies of local self-government
independently manage their properties, finances, approve and
execute the local budget, establish local taxes and levies; ensure
law and order and solve their local problems/issues locally.

15. Political Pluralism:

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 The Constitution of Russian Federation affects a complete break
with the constitution of the (erstwhile) USSR. It accepts and
ensures socio-economic- politico-cultural pluralism. It provides
for a truly multinational, culturally pluralistic society and
political pluralism. The people enjoy the right to form their
political associations/parties and to participate freely in the
political process.

The Constitution reposes faith in liberalism, liberalisation,

pluralism and rule of law. It grants and guarantees equality to all
citizens, all nationalities and all Subjects of the Russian
Federation. 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.

With all these salient features the Constitution of Russian

Federation is a liberal, democratic, secular, federal republican
constitution. It indeed makes a complete departure from the
constitution of (erstwhile) USSR which was monolithically in
approach and authoritarian in content.

The present constitution creates a truly pluralistic constitutional

system with a true spirit of liberal democracy writ large on all its
pages. Since 1993, it has been successfully guiding the
organisation and working of the government and administration
of the Russia.
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