The amendments of 2020, which were proposed in January 2020, are the second substantial amendments to the
Constitution of Russia
The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of gov ...
of 1993. To introduce these amendments,
Vladimir Putin
Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
, president of Russia, held a
national vote. They were approved on 1 July by a contested popular vote.
With Putin's signing an executive order on 3 July to officially insert the amendments into the Russian Constitution, they took effect on 4 July.
History
Since the ratification of the Constitution in 1993, several amendments were proposed. In 2008, in order to extend the presidential and
State Duma
The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
terms, as well as require an annual report by the prime minister for the Duma members, four articles were changed. In early 2014, eight more amendments were ratified and one repealed, which resulted in the abolition of the
Supreme Court of Arbitration and the adjustment of prosecutor assignments. In mid-2014, two more articles were changed in order to allow the president to choose up to 10% (17 members) of the
Federation Council
The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
.
President Putin made new proposals during
his annual address to the
Federal Assembly on 15 January 2020. The amendments were prepared by a commission appointed by Putin, headed by
Talija Chabrieva.
According to Articles 136 and 108, amendments to the provisions of Chapters 3–8, require the same approval as a federal constitutional law, that is, a two-thirds
supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
vote in the
State Duma
The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
(the
lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
), a three-fourths
supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
vote in the
Federation Council
The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
(the
upper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
), and ratification by two-thirds of the 85
Regional legislatures of the
federal subjects
The federal subjects of Russia, also referred to as the subjects of the Russian Federation (russian: субъекты Российской Федерации, subyekty Rossiyskoy Federatsii) or simply as the subjects of the federation (russian ...
(57 regional ratifications required for an amendment to come into effect).
The president formally submitted the bill to the State Duma on 20 January. On 11 March, the State Duma, dominated by pro-government parties, swiftly approved the proposals in the third reading with no objection. By 13 March, legislative assemblies of all 85 Federal subjects approved the amendments to the Constitution. On 16 March the
Constitutional Court of Russia
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
gave their approval to the amendments.
Background
According to Point 3 of Article 81 of the
Constitution of Russia
The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of gov ...
, the same person cannot hold a position of the
presidency of the Russian Federation more than two terms in a row. This means that Vladimir Putin, who was elected president in
2012
File:2012 Events Collage V3.png, From left, clockwise: The passenger cruise ship Costa Concordia lies capsized after the Costa Concordia disaster; Damage to Casino Pier in Seaside Heights, New Jersey as a result of Hurricane Sandy; People gather ...
and re-elected in
2018
File:2018 Events Collage.png, From top left, clockwise: The 2018 Winter Olympics opening ceremony in PyeongChang, South Korea; Protests erupt following the Assassination of Jamal Khashoggi; March for Our Lives protests take place across the United ...
, would not be able to participate in the 2024 presidential election. In 2018 Putin claimed he would not hold the presidency for more than two consecutive terms and denied the possibility of his participation in the 2024 election.
Amendments to the Constitution of Russia solved the so-called "2024 problem" regarding the end of Putin's presidential term in 2024.
According to a Gallup International opinion poll conducted in December 2017, if Putin were not on the ballot, 46% would not have known for whom to vote and 19% would have invalidated their ballots. Valery Fedorov, the Director of the
Russian Public Opinion Research Center
Russian Public Opinion Research Center (VTsIOM or VCIOM) ( rus, Всероссийский центр изучения общественного мнения – ВЦИОМ, Vserossiysky tsentr izucheniya obshchestvennogo mneniya) is a state-own ...
, claimed the Russian population had not thought about this problem. Focus group participants gathered by the
Levada Center
The Levada Center is a Russian independent, nongovernmental polling and sociological research organization. It is named after its founder, the first Russian professor of sociology Yuri Levada (1930–2006). The center traces back its history to ...
identified two main solutions: preservation of presidential powers by Vladimir Putin and the appointment of a successor.
In 2018,
Valery Zorkin
Valery Dmitrievich Zorkin (russian: Вале́рий Дми́триевич Зо́рькин) is the first and the current Chairman of the Constitutional Court of the Russian Federation.
Zorkin was born on 18 February 1943 in Konstantinovka, ...
proposed changing the constitution so Putin could remain in office. However, later in March, Putin explicitly said he was not going to change the Constitution in an interview with
Megyn Kelly
Megyn Marie Kelly (; born November 18, 1970) is an American journalist and media personality. She currently hosts a talk show and podcast, ''The Megyn Kelly Show'', that airs live daily on SiriusXM. She was a talk show host at Fox News from 200 ...
.
Sergei Markov said that Putin repeatedly ruling out the abolition of term limits had led discussions of possible scenarios for 2024 to a standstill.
In the end, despite earlier promises, the restrictions that prevented Putin from remaining president of the Russian Federation were changed.
According to political analyst Kirill Rogov, the constitutional design of Russian statehood remained unclear due to the unsuccessful experience of the "tandem" and the lack of institutions of distributed power. In addition to the obvious conflict between
Putin's political regime and the
official state system, there were also security issues for Putin and his family if he completely leaves office, as well as issues with the constitution which guarantees that as an eventual certainty.
Proposed amendments
In 2020, 41 articles were rewritten and five more were added. Excluding the 1st, 2nd and the 9th chapters, which can be changed only by calling together a Constituent Assembly and developing a new Constitution, around 60 % of articles were altered. The main amendments focus on how power is distributed between the branches of government: moving away from the super-presidential system that was established in 1993 and simultaneously creating a new one based on the principle of checks and balances.
In general, the following amendments were proposed:
*Remove the "in a row" clause from the article regulating the maximum number of presidential terms, discounting previous presidential terms before the amendment enters into force.
*Nullify the number of presidential terms served by the current president (Vladimir Putin) or former president (
Dmitry Medvedev
Dmitry Anatolyevich Medvedev ( rus, links=no, Дмитрий Анатольевич Медведев, p=ˈdmʲitrʲɪj ɐnɐˈtolʲjɪvʲɪtɕ mʲɪdˈvʲedʲɪf; born 14 September 1965) is a Russian politician who has been serving as the dep ...
) to allow either to serve his first term if elected to the presidency in 2024.
*The Russian Constitution should take precedence over international law;
*The
State Duma
The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
(the lower house of Parliament) should have the right to approve the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
's candidacy (currently it only gives consent to his appointment), the State Duma will also be able to approve the candidates of Deputy Prime Ministers and Federal Ministers, the President will not be able to refuse their appointment, but in some cases will be able to remove them from office;
*Persons who hold "important positions for ensuring the country's security" (President, Ministers, judges, heads of regions) should not have foreign citizenship or residence permit in other countries, either at the time of their work in office or, in the case of the President, at any time before;
*A presidential candidate must live in Russia for at least 25 years (previously 10 years) and may not have ever in their life held foreign citizenship or residency (with no possibility of renouncing foreign citizenship to become eligible to be president);
*The
Federation Council
The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
(the upper house of Parliament) will be able to propose that the President dismiss Federal judges; in some cases, the Federation Council, on the proposal of the President, will have the right to remove judges of the
Constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
and
Supreme courts;
*Particular ministers who are the heads of law enforcement agencies must be appointed by the President in consultation with the Federation Council;
*The minimum wage cannot be lower than the subsistence minimum;
*Regular indexation of pensions;
*Consolidation of the status and role of the
State Council State Council may refer to:
Government
* State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President
* State Council of the People's Republic of China, the national cabinet and chief administrative auth ...
(at present it is only an advisory body and is not prescribed in the Constitution);
*Granting the Constitutional Court the ability to check the constitutionality of laws adopted by the Federal Assembly of the Russian Federation at the request of the President before they are signed by the President;
*Defining
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
as a relationship between
one man and one woman.
Along with the redistribution of power initiatives, the first draft included a couple of social- and economically directed amendments. Specifically, Putin has suggested to require the minimum wage to be above the poverty line and to guarantee an annual increase in pension payments. The amendments from this block were developed by a special group consisting of parliament members, scientists and public representatives. As a result of their work, the Constitution was supplemented by articles imposing a distinct government attitude towards such things as public health, science, culture, voluntary work and young people. In addition, the amendments have a few innovations, such as regarding the Russian language as a "language of the state-forming people", protecting "historical truth" and
mentioning faith in God in regards to heritage. Most of these amendments do not embody new concepts, but rather duplicate norms that are already found in federal laws.
One of the amendments banned the ceding of Russian territory to foreign powers.
Enactment
The amendments have been put to a national vote initially called for April 2020 but later postponed due to the
COVID-19 pandemic
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
. They were rescheduled for 1 July 2020 (with early voting allowed from 25 June 2020).
The voting procedure was decided on already during the development process. Before that there was no concept of a "nationwide voting". The approved procedure is noticeably different from a regular voting or a referendum: just a month of preparation instead of 90–100 days; the observers can be only from the Public Chambers, which are formed by federal and regional authorities; "informing the public" regarding the content of the amendments instead of agitation; no minimum voter turn-out; an online-voting option.
With 98% of the ballot counted, and with 78% voting in favor versus 22% against, the amendments easily passed.
Criticism
The amendments were seen as allowing President Vladimir Putin to serve as president after 2024. Under the previous version of the constitution, Putin would have been required to step down in 2024.
The main debates around the whole arrangement were caused by the change of the amending procedure of the Constitution itself (which are stated in chapter 9). A new three-step procedure was imposed. After approval by federal and regional parliaments, only the third article describing the enforcement procedure of the change was enacted. After the Constitutional Court had validated the document, the second article was enacted, which regulated the nationwide voting procedure. The first article, which consists of all the amendments, can be enacted only when approved by the majority of voters.
The amendments also received criticism for contradicting the first two chapters of the Constitution. In particular, criticisms targeted the amendments which involved religious issues, the superiority of the Constitution above the interstate authority, the President's right to remove judges, and the consolidation of local authority into a "single public authority system." However, after examination of the amendments in question, as well as the one discounting previous presidential terms before the amendment enters into force, the Constitutional Court found no contradictions.
Some consider the introduction and adoption of the amendments as being a form of
self-coup
A self-coup, also called autocoup (from the es, autogolpe), is a form of coup d'état in which a nation's head, having come to power through legal means, tries to stay in power through illegal means. The leader may dissolve or render powerless ...
or autocoup as it removed term limits on the Presidency and grants Putin more authority..
Foreign analysis
''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' wrote that the proposed prohibition of same-sex marriage was "an effort to raise turnout for a constitutional referendum that could keep him in power and has stirred big enthusiasm among Russians".
''
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' wrote that move, announced by Putin in January, was initially seen as a way for him to hold on to power after 2024, when as things stand he will no longer be able to serve as president because of term limits."
''The Guardian'' further noted that "Putin's direct support for the amendments makes it likely they will go through. He has taken an increasingly conservative turn in his fourth term as president".
Will Partlett has written that the amendments are an example of "theatrical constitution-making" that is being used to support authoritarian populism in Russia. The amendments therefore constitutionalise legislative trends toward centralism, personalism, and protectionism.
The position of the Venice Commission
On 16 March 2020, 128 Russian
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
s,
political scientists
This is a list of notable political scientists. See the list of political theorists for those who study political theory. See also political science.
A
* Robert Abelson - Yale University psychologist and political scientist with special int ...
and
human rights defender
A human rights defender or human rights activist is a person who, individually or with others, acts to promote or protect human rights. They can be journalists, environmentalists, whistleblowers, trade unionists, lawyers, teachers, housing campai ...
s, including the member of the
Constitutional Conference of the Russian Federation
The Constitutional Conference of the Russian Federation (russian: Конституционное совещание Российской Федерации) was a consultative institution of representatives of government bodies, local authoritie ...
Georgy Satarov, the professor of the
Higher School of Economics
HSE University (russian: link=no, «Высшая школа экономики», ВШЭ), officially the National Research University Higher School of Economics (russian: link=no, Национальный исследовательский ун ...
,
doctor of sciences in jurisprudence Irina Alebastrova, the professor of the
Institute of Political Studies Sergei Guriev
Sergey Maratovich Guriyev (russian: Серге́й Мара́тович Гури́ев, os, Гуриаты Мараты фырт Сергей / Gwyriaty Maraty fyrt Sergej) is a Russian economist, who is Provost and a professor of economics at t ...
, and human rights defender
Lev Ponomaryov
Lev Aleksandrovich Ponomaryov (russian: Лев Алекса́ндрович Пономарёв, September 2, 1941) is a Russian political and civil activist. He is an executive director of the all-Russian movement "For Human Rights." He is a mem ...
, addressed to the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
with the petition requesting a legal assessment to the amendments to the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. The petition was posted on
Change.org
Change.org is a worldwide nonprofit petition website, based in California, US, operated by the San Francisco-based company of the same name, which has over 400 million users and offers the public the ability to promote the petitions they care abo ...
where it garnered over 200,000 signatures by 27 May. On that day the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
decided to send the request to the
Venice Commission
The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin ...
. The Commission should check for compliance with European and international standards of
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
and the
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
, as well as with Russia's legal obligations as a member of the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
.
On 18 June, the opinion of the Venice Commission on the draft amendments to the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
(as signed by the president of the Russian Federation on 14 March) related to the execution in the
Russian Federation
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
of decisions by the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
br>
was published. The Commission indicated that there is no choice to execute or not to execute the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
judgment: under Article 46 of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
the judgments of the ECtHR are binding. The proposed amendments use the notion "contrary to the Constitution", which is too broad a formula, broader than that of current Article 79 of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
("limiting the rights and freedoms of the individual and the citizen or contradicting the fundamentals of the constitutional system of the Russian Federation"). These concerns should be seen against the backdrop of the proposed amendment to Article 83 of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, empowering the
Council of the Federation
The Council of the Federation (french: Conseil de la fédération) is a congress that meets twice annually and comprises the premiers of each of Canada's 13 provinces and territories, the main function of which is to provide a united front amongs ...
to dismiss the
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s of the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
at the request of the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
.
On 23 March 2021, the opinion of the Venice Commission on constitutional amendments to the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
and the procedure for their adoptio
was published. The Commission welcomed that the amendments bring about several positive changes (the increased protection of social rights, the two-term limitation of the mandate of the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, the possibility for the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
to refer to the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
the use of a presidential veto, the constitutionalisation of the
State Council State Council may refer to:
Government
* State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President
* State Council of the People's Republic of China, the national cabinet and chief administrative auth ...
, which has, already for two decades, operated based solely on an executive legal act, the extension of parliamentary control, including the possibility of carrying out inquiries into the heads of state bodies and the competence to "hear" the annual report of the
Prosecutor-General of Russia, Prosecutor of the Russian Federation, the introduction of a fixed six-year term for most of the Senators of the
Federation Council
The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
). Nonetheless, the Commission has identified some serious flaws in the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
and the procedure of its adoption.
The Commission indicated that on a general note raising to the constitutional level (constitutionalising) existing provisions of
ordinary law An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or or ...
creates a risk of excluding the issues in question from open debate and thus restricts
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
. Constitutionalised norms become more rigid; they cannot be reviewed by the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
and become, on the contrary, the Court's yardstick for evaluating other legal provisions.
The Commission concluded that the amendments disproportionately strengthened the position of the
President of the Russian Federation
The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
and have done away with some of the checks and balances originally foreseen in the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. The ad hominem exclusion from the term limits of the current and previous
Presidents
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
(Vladimir Putin and Dmitry Medvedev) contradicts the very logic of the adopted amendment limiting the
President's mandate to two terms. The unusually wide scope of immunity, taken together with rules of impeachment that make it very difficult to dismiss a
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
raise serious concerns as to the accountability of the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
. The
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
has acquired additional powers at the expense of the
Chair of the Government. The increase in the number of Senators appointed by the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
may give the latter additional leverage, thus raising doubts as to whether the
Federation Council
The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
will be independent enough from the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
to be able to exercise the monitoring functions entrusted to it by the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. Taken together, these changes go far beyond what is appropriate under the principle of
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
, even in
presidential regimes.
The Commission found that the amendments to the provisions relating to the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, notably the power for the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
to initiate the dismissal of apex
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
presidents as well as presidents, vice-presidents and
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s of the cassation and appeal
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s on very vague grounds affect the core element of
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
independence. Taken together, the amendments to the provisions on the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
amount to a danger to the
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
in the
Russian Federation
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
.
Furthermore, the Commission concluded that the amendments weaken
constituent subjects and
local self-government bodies. The inclusion of provisions referring to the
Russian nation creates a tension with the
multi-ethnic character of the
Russian Federation
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
.
As to the procedure of the adoption of the amendments, the Venice Commission concluded that the speed of the preparation of such wide-ranging amendments was clearly inappropriate for the depth of the amendments considering their societal impact. This speed resulted in a lack of time for a proper period of consultation with
civil society
Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.[parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...]
.
As a Constitutional Assembly of Russia was not convened, the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
was adopted after it was voted by
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
and by the
subjects of the Federation. Following these steps, the amendments had to enter into force under Article 135 of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
. A negative outcome of the additional steps which were introduced ad hoc, i.e. the review by the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
and the all-Russian vote, could not have prevented the entry into force of the amendments. It follows that the introduction of these additional steps in the procedure used to amend the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
created an obvious tension with Article 16 of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
which safeguards "the fundamental principles of the constitutional order of the
Russian Federation
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
".
See also
*
Russia under Vladimir Putin
Vladimir Putin has served three terms and is currently in a fourth as President of Russia (2000–2004, 2004–2008, 2012–2018 and May 2018 to present) and served as Acting President from 1999 to 2000, succeeding Boris Yeltsin after Yeltsin's ...
References
{{Vladimir Putin
Political history of Russia
Law of Russia
Vladimir Putin
Amendments to the Constitution of Russia
Amendments to the Constitution
Amendments to the Constitution of Russia An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
Discrimination in Russia