2020 amendments to the Constitution of Russia
Vladimir Putin made new proposals during his annual address to the Federal Assembly on the 15th of January 2020. This moment marked a sharp turn from earlier positions he had taken in March 2018, when he explicitly stated he was not going to change the Constitution. The previous version of the Constitution, ratified in 1993, contained Article 81 which prevented any person from holding the presidency for more than two terms in a row. Since Putin was elected president in 2012 and re-elected in 2018, this clause meant he could not participate in the 2024 presidential election. In 2008, four articles were changed to extend presidential and State Duma terms. Early 2014 saw eight more amendments ratified and one repealed, resulting in the abolition of the High Court of Arbitration. Mid-2014 brought changes allowing the president to choose up to 17 members of the Federation Council. Political analyst Kirill Rogov noted that the constitutional design remained unclear due to unsuccessful experiences with distributed power institutions. Security issues for Putin and his family if he left office completely also played a role in the decision to alter term limits.
The president formally submitted the bill to the State Duma on the 20th of January. By the 11th of March, the State Duma approved the proposals in the third reading with no objection. Legislative assemblies of all 85 federal subjects had approved the amendments by the 13th of March. On the 16th of March, the Constitutional Court of Russia gave their approval to the amendments. Articles 136 and 108 required a two-thirds supermajority vote in the State Duma and a three-fourths supermajority vote in the Federation Council. Ratification by two-thirds of the 85 regional legislatures was needed for an amendment to come into effect. This meant 57 regional ratifications were required. The procedure involved a new three-step process where only specific articles describing enforcement were enacted after parliamentary approval. A petition signed by 128 Russian lawyers, political scientists, and human rights defenders was sent to the Council of Europe on the 27th of May. The petition garnered over 200,000 signatures before being forwarded to the Venice Commission for legal assessment.
In 2020, 41 articles were rewritten and five more were added. Around 60% of articles were altered excluding Chapters 1, 2, and 9 which require a Constituent Assembly. The main amendments focus on how power is distributed between branches of government. The clause regarding maximum presidential terms removed the phrase "in a row" to nullify previous terms served by Putin. Former president Dmitry Medvedev would have been allowed to serve another two terms since his last term ended in 2012. Persons holding important positions like ministers or judges could not hold foreign citizenship or residence permits. A presidential candidate must live in Russia for at least 25 years and may never have held foreign citizenship. The Federation Council gained the ability to propose that the President dismiss federal judges. Particular ministers heading law enforcement agencies had to be appointed by the President in consultation with the Federation Council. The minimum wage could not be lower than the subsistence minimum. Regular indexation of pensions was mandated. Marriage was defined as a relationship between one man and one woman. One amendment banned ceding Russian territory to foreign powers.
The amendments were put to a national vote initially called for April 2020 but later postponed due to the COVID-19 pandemic. They were rescheduled for the 1st of July 2020 with early voting allowed from the 25th of June 2020. Before this, there was no concept of a nationwide voting procedure in place. The approved procedure differed significantly from regular voting or a referendum. Preparation took just a month instead of the usual 90 to 100 days. Observers could only come from Public Chambers formed by federal and regional authorities. There was no minimum voter turn-out requirement and an online-voting option existed. With 98% of the ballot counted, 78% voted in favor versus 22% against. The voting procedure was decided during the development process itself rather than being established beforehand. This approach ensured that the amendments passed easily despite opposition arguments regarding the speed and nature of the vote.
Some consider the introduction and adoption of the amendments as being a form of self-coup or autocoup. It removed term limits on the Presidency and granted Putin more authority. The main debates around the arrangement were caused by changes to the amending procedure stated in Chapter 9. A new three-step procedure was imposed after approval by federal and regional parliaments. Critics argued that the amendments contradicted the first two chapters of the Constitution. Specific criticisms targeted religious issues, the superiority of the Constitution over interstate authority, and the President's right to remove judges. The consolidation of local authority into a single public authority system also drew fire. Despite these concerns, the Constitutional Court found no contradictions after examination. Valery Fedorov claimed the Russian population had not thought about this problem before the proposals emerged. Focus group participants identified preservation of presidential powers by Vladimir Putin as one of two main solutions discussed earlier.
On the 18th of June, the opinion of the Venice Commission related to execution of decisions by the European Court of Human Rights was published. The Commission indicated there is no choice to execute or not to execute such judgments under Article 46 of the European Convention on Human Rights. The proposed amendments used the notion "contrary to the Constitution" which is too broad a formula compared to current Article 79. On the 23rd of March 2021, another opinion from the Venice Commission regarding constitutional amendments was published. The commission welcomed increased protection of social rights but identified serious flaws in the adoption procedure. They concluded that the amendments disproportionately strengthened the position of the President. The ad hominem exclusion from term limits for current and previous presidents contradicted the logic of limiting mandates to two terms. The increase in Senators appointed by the President raised doubts about Federation Council independence. Changes to judicial provisions affected core elements of judicial independence. The inclusion of provisions referring to the Russian nation created tension with the multi-ethnic character of the federation. The speed of preparation was clearly inappropriate given the depth of societal impact involved.
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Common questions
When did Vladimir Putin propose the 2020 amendments to the Constitution of Russia?
Vladimir Putin made new proposals during his annual address to the Federal Assembly on the 15th of January 2020. This marked a sharp turn from earlier positions he had taken in March 2018 when he explicitly stated he was not going to change the Constitution.
What were the key changes regarding presidential term limits in the 2020 amendments to the Constitution of Russia?
The clause regarding maximum presidential terms removed the phrase in a row to nullify previous terms served by Vladimir Putin. A presidential candidate must live in Russia for at least 25 years and may never have held foreign citizenship under these new rules.
How many regional legislatures approved the 2020 amendments to the Constitution of Russia?
Legislative assemblies of all 85 federal subjects had approved the amendments by the 13th of March. Ratification by two-thirds of the 85 regional legislatures was needed for an amendment to come into effect which meant 57 regional ratifications were required.
On what date did the national vote take place for the 2020 amendments to the Constitution of Russia?
The amendments were rescheduled for the 1st of July 2020 with early voting allowed from the 25th of June 2020. With 98% of the ballot counted, 78% voted in favor versus 22% against during this nationwide procedure.
What criticisms did the Venice Commission raise about the 2020 amendments to the Constitution of Russia?
The commission concluded that the amendments disproportionately strengthened the position of the President on the 23rd of March 2021. They identified serious flaws in the adoption procedure and noted that changes to judicial provisions affected core elements of judicial independence.