Constitution of Russia
The Constitution of the Russian Federation was adopted by national referendum on the 12th of December 1993. It came into force on the 25th of December 1993, marking the end of the Soviet-era system that had governed the country since 1978. This new charter replaced the Constitution of the 12th of April 1978, which itself had been amended in April 1992 to reflect the dissolution of the Soviet Union. The drafting process involved over 800 participants at the 1993 Constitutional Conference. Sergei Alexeyev and Sergey Shakhray are recognized as primary co-authors alongside Anatoly Sobchak. USAID-funded lawyers contributed significantly to the development of the draft text. The document drew inspiration from Mikhail Speransky's constitutional project and the current French constitution. A violent constitutional crisis preceded this adoption, leading to the replacement of the previous Soviet-era charter.
William Partlett describes the resulting system as crown-presidentialism, granting vast power to the office of the president. Article 80 specifies that the President is the head of state, setting domestic and foreign policy while representing Russia internationally. The original constitution stipulated a four-year term with a maximum of two terms in succession. Vladimir Putin served his first and second terms under these rules before being barred from re-election in 2008. He then served as Prime Minister while Dmitry Medvedev held the presidency for four years. Putin was re-elected to his third term in 2012 under new six-year term rules. As Supreme Commander-in-Chief of the Armed Forces, the president holds the power to dissolve the State Duma. This structure affords the executive branch dominance over legislative and judicial powers.
The Constitution originally delineated three main courts: the Constitutional Court, the Supreme Court, and the Supreme Arbitration Court. Judges for each court are appointed by the Federation Council based on proposals made by the President. The Constitution requires nineteen judges for the Constitutional Court but does not specify numbers for other courts. In September 2014, the Institute of Modern Russia reported that the Supreme Arbitration Court had been dissolved. Its jurisdiction was transferred to the Supreme Court following this elimination. Due to expanded duties after 2014, the number of seats in the Supreme Court increased from 115 members in 2002 to 170. Article 123 provides for open and fair trials with equal application of the law. Judicial immunity and lifetime appointments remain part of the constitutional framework despite debates about independence.
Chapter Nine outlines the procedure for amending the Constitution through various mechanisms. Proposals may be submitted by the President, the Council of Federation, the State Duma, or groups consisting of at least one fifth of either chamber's members. Article 136 covers updates to chapters 3 through 8 requiring ratification by legislative bodies of constituent entities. Changes to fundamental provisions in chapters 1, 2, and 9 require adoption of a new Constitution by a Constitutional Assembly or popular vote. The first substantial amendments came into force on the 31st of December 2008, extending presidential terms from four to six years and State Duma terms from four to five years. Before 2000, changes were not discussed publicly. In 2008, President Dmitry Medvedev presented corrections while stressing that no full reform was intended. Since 2007, attitudes toward modifications became less strictly negative than before.
From the 25th of June to the 1st of July 2020, a nationwide vote took place regarding proposed amendments. Official results showed 78% of voters approved the changes with a turnout of 65%. Vladimir Putin signed an executive order on the 3rd of July 2020 to officially insert these amendments into the Russian Constitution. They took effect on the 4th of July 2020. The 2020 amendments removed the "in a row" clause regulating maximum presidential terms, discounting previous terms before the amendment entered into force. Other changes included recognition of Russia as successor to the Soviet Union in international organizations and treaties. The text banned ceding Russian territory and enshrined God and heterosexual marriage within the constitution. Amendments also gave statutory backing to the State Council and recognized the role of the Russian language as that of a state-forming people.
After signing annexation treaties during the 2022 invasion of Ukraine, the constitutional text was updated to include four new regions. These additions encompassed the Donetsk People's Republic, Kherson Oblast, Luhansk People's Republic, and Zaporizhzhia Oblast. As of December 2022, none of these territories were fully controlled by Russian forces. Kremlin spokesperson Dmitry Peskov stated that Russia would continue consultations regarding oblast borders. High-level Russian collaborator Oleg Tsariov claimed there were no established 2014 borders for these areas. Federal Constitutional Law No. 6 adopted on the 21st of March 2014 had previously addressed Crimea and Sevastopol. Article 65 updates now incorporate these newly annexed subjects through federal constitutional law procedures.
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Common questions
When was the Constitution of Russia adopted and when did it come into force?
The Constitution of the Russian Federation was adopted by national referendum on the 12th of December 1993. It came into force on the 25th of December 1993, marking the end of the Soviet-era system that had governed the country since 1978.
Who are the primary co-authors of the Constitution of Russia?
Sergei Alexeyev and Sergey Shakhray are recognized as primary co-authors alongside Anatoly Sobchak. The drafting process involved over 800 participants at the 1993 Constitutional Conference with significant contributions from USAID-funded lawyers.
What powers does the President hold under Article 80 of the Constitution of Russia?
Article 80 specifies that the President is the head of state, setting domestic and foreign policy while representing Russia internationally. As Supreme Commander-in-Chief of the Armed Forces, the president holds the power to dissolve the State Duma.
How many judges serve on the Constitutional Court according to the original text of the Constitution of Russia?
The Constitution requires nineteen judges for the Constitutional Court but does not specify numbers for other courts. Judges for each court are appointed by the Federation Council based on proposals made by the President.
When did the nationwide vote regarding proposed amendments to the Constitution of Russia take place?
From the 25th of June to the 1st of July 2020, a nationwide vote took place regarding proposed amendments. Official results showed 78% of voters approved the changes with a turnout of 65%.
Which four new regions were added to the Constitution of Russia following the 2022 invasion of Ukraine?
These additions encompassed the Donetsk People's Republic, Kherson Oblast, Luhansk People's Republic, and Zaporizhzhia Oblast. As of December 2022, none of these territories were fully controlled by Russian forces.