Constitutional Court of Russia
On the 25th of December 1989, the Soviet Union passed the Constitutional Control in the USSR Act. This legislation marked the first time judicial review existed within the country. Before this date, courts did not check if laws matched constitutional principles. The new act created a body called the Constitutional Supervision Committee. It began operations in mid-1990 and ceased to exist by late 1991. In December 1990, the Russian Soviet Federated Socialist Republic amended its constitution. These amendments allowed for a true court rather than just a committee. On the 12th of July 1991, the Constitutional Court of the RSFSR Act was adopted. Thirteen members were elected by the Fifth Congress of People's Deputies in October. The court started functioning that same month. From November 1991 until October 1993, it issued significant rulings. One decision declared certain decrees from the Presidium of the Supreme Soviet unconstitutional. Another ruling forbade extrajudicial eviction practices. More often, however, the court struck down presidential decrees issued by Boris Yeltsin.
Boris Yeltsin suspended the work of the Constitutional Court on the 7th of October 1993. His decree stated the institution was in deep crisis. Just over two months later, on December 24, another presidential decree repealed the original Constitutional Court of the RSFSR Act itself. A new law arrived in July 1994 to rebuild the body. This new Constitutional Court Act did not take effect immediately. The Federation Council refused multiple times to appoint judges nominated by Yeltsin. Consequently, the reorganized court only began working in February 1995. Critics argued the early court sided with the Supreme Soviet during the power struggle against the president. They pointed to frequent rulings declaring Yeltsin's own decrees unconstitutional as evidence of this alignment. The suspension and subsequent reorganization fundamentally altered the relationship between the executive branch and the judiciary.
Vladimir Yaroslavtsev served as a judge on the Constitutional Court until the 31st of August 2009. On that date, he gave an interview to the Spanish newspaper El País. He claimed security services had undermined judicial independence within Russia. In response, the court accused him of undermining its authority in violation of the judicial code. Yaroslavtsev was forced to resign from the Council of Judges shortly after. Anatoly Kononov frequently dissented from majority decisions during his tenure. He supported Yaroslavtsev in an interview published by Sobesednik. Kononov stated there was no independent judiciary in Russia and criticized new appointment amendments. The court removed Kononov from his position on the 1st of January 2010. This removal occurred seven years ahead of his scheduled term expiration. These events highlighted tensions regarding autonomy and political interference within the highest legal body.
Federal authorities proposed moving the court headquarters from Moscow to Saint Petersburg in 2005. Sergei Mironov, Chairman of the Federation Council, put forward this proposal in October 2005. A Federal Constitutional Law signed on the 5th of February 2007 mandated the change. President Vladimir Putin issued a decree on the 23rd of December 2007 setting the timeline for completion. The move was required to finish between February 1 and the 20th of May 2008. The relocation involved allocating land on Krestovsky Island for judges' cottages. It also included transferring the Russian State Historical Archive from the Senate and Synod Building. That building had previously housed the court before the transfer. The physical shift represented a significant administrative decision affecting the institution's daily operations and location.
The Constitutional Court consists of eleven judges with a quorum requirement of eight members. Valery Zorkin serves as the current president of the court. Judges are nominated by the President and appointed by the Federation Council for indefinite terms. Regular judges must retire at age 70 while the Deputy President retires at 76. To qualify, a person needs legal education and fifteen years of service as a lawyer. Resolutions require two-thirds approval from all participating judges. Since 2010, Article 47.1 allows cases to be considered without holding a hearing. Most decisions now occur in closed sessions without parties or outsiders present. In 2021, only five out of fifty-five decisions were adopted in open court sessions. This procedural shift has concentrated power within smaller groups of judges and reduced public transparency.
In May 2021, citizen Irina Nikiforova filed a complaint regarding her trial under Part 2 of Article 20.2 of the Code of Administrative Offenses. The Constitutional Court found norms applied in her case contradicted the Constitution. It indicated that her previous court decisions should be reviewed. However, the Supreme Court denied reviewing her case and did not mention the ruling. This remains the only known instance where the Supreme Court ignored the Constitutional Court's position. As of the 25th of August 2022, fifty rulings were being implemented by federal bodies. Twenty-seven resulted in bills submitted to the State Duma while twenty-three required further work. The Ministry of Justice reported delays in meeting six-month deadlines for legislative amendments. These gaps between judicial findings and executive action demonstrate challenges in enforcing constitutional supremacy.
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Common questions
When was the Constitutional Court of Russia established?
The Constitutional Court of the RSFSR Act was adopted on the 12th of July 1991. The court started functioning in October 1991 after thirteen members were elected by the Fifth Congress of People's Deputies.
Who suspended the work of the Constitutional Court of Russia in 1993?
Boris Yeltsin suspended the work of the Constitutional Court of Russia on the 7th of October 1993. His decree stated the institution was in deep crisis and led to the repeal of the original act on the 24th of December 1993.
Why did Vladimir Yaroslavtsev resign from the Council of Judges?
Vladimir Yaroslavtsev gave an interview to El País on the 31st of August 2009 claiming security services had undermined judicial independence within Russia. The court accused him of undermining its authority in violation of the judicial code and he was forced to resign shortly after.
Where is the headquarters of the Constitutional Court of Russia located now?
Federal authorities moved the court headquarters from Moscow to Saint Petersburg following a Federal Constitutional Law signed on the 5th of February 2007. The relocation required completion between February 1 and the 20th of May 2008 involving land allocation on Krestovsky Island.
How many judges serve on the Constitutional Court of Russia today?
The Constitutional Court consists of eleven judges with a quorum requirement of eight members. Valery Zorkin serves as the current president of the court while regular judges must retire at age 70.