Although the legal system of russia recognises independent functions of each state branch based on the principle of separation of power, it fails to provide genuine instruments that can limit the president from accumulating power in. Politics and law in the second republic, wisconsin international law journal 14, 3 1996. A contextual analysis constitutional systems of the world. An economist of chechen origin, khasbulatov was a close ally of yeltsins in the waning days of the soviet union. This article explores the process of constitution writing by looking at a case study of the 1993 russian constitution. Moscow, december 12 sputnik december 12 marks the day, in 1993, when the constitution of the russian federation was adopted. The 1990 law on freedom of religion and the 1993 russian constitution promised religious freedom. The influences of the west on the 1993 russian constitution.
We, the multinational people of the russian federation, united by a common destiny on our land, asserting human rights and liberties, civil peace and accord, preserving the historic unity of the state, proceeding from the commonly recognized principles of equality and selfdetermination of the peoples honoring the memory of our ancestors. Building on firsthand interviews with contributors to and framers of the 1993 russian constitution, the article considers the extent to which idea transfer played a role in the development of that constitution. When boris yeltsin put the russian constitution of 1993 to a referendum, he was trying to. The new constitution adopted a model whereby the russian federation elects by popular vote a head of state the president, from 19932008 elected for a maximum of two four year terms, and since 2008 for a maximum of two six year terms and a legislature one of the two chambers of the federal assembly federalnoye sobraniye. Pdf countermajoritarian institutions in the russian. The course will both observe the specific of the russian constitutional system in comparison to the other constitutional systems and penetrate into the key characteristics of the russian constitution. Russian federation and state government bodies of constituent entities of the. The sovereignty of the russian federation shall extend to the entirety of its territory. Yeltsin under siege the october 1993 constitutional crisis. The current constitution of the russian federation was adopted by national referendum on december 12, 1993. Ratified december 12, 1993 preamble we, the multinational people of the russian federation, united by a common destiny on our land, asserting human rights and liberties, civil peace and accord. Relationship among the president, prime minister and. The federation council shall pass resolutions on the issues within its jurisdiction under the constitution of the russian federation. We, the multinational people of the russian federation, united.
Discussions concerning the advantages, drawbacks, and controversies of the current russian constitution have been going on since its adoption in 1993. The new russian constitution and international law by gennady m. The death penalty is specifically mentioned in article 20, whereas each state in the u. We, the multinational people of the russian federation, united by a common destiny on our land, asserting human rights and liberties, civil peace and accord, preserving the historic unity of the state, proceeding from the commonly recognized principles of equality and selfdetermination of the peoples honoring the memory of. The constitution of the russian federation was adopted at national voting on december 12, 1993 the constitution came into force on the day of its official publication. Russian federation shall be established by this constitution, the federation. The current constitution of the russian federation consists of the preamble and two sections.
A hardline defender of the russian white house leaves the parliament building, in moscow, to surrender on october 4 1993. In article 23 honor and good reputation are directly addressed, while in the. This text is included here with the kind permission of international constitutional law, wurzburg, germany. Constitution of the russian federation editors note minor textual changes to article 65 have been added by order of the president of 9 jan 1996. On the same day, the first state duma in the history of modern russia was elected. The relations between the president and the parliament had been deteriorating for some time. Sergei alexeyev, sergey shakhray, and sometimes anatoly sobchak are considered as coauthors of the constitution. The russian constitution has a few key differences, such as adhering to international law, something even u. Indeed, the constitution presents two main characteristics.
I also demonstrate how the 1993 postsoviet constitution represents a major breakthrough in the advancement of individual rights in russia. The constitution of 1993 was eventually established, creating a threebranch government, with a president, prime minster, lower and upper house, and a. The union was ended and the fifteen republic went their separate was, but yeltsin emerged as the president of the largest and most powerful republic, known as the russian federation. Russian federations constitution of 1993 with amendments.
The day of the national referendum, december 12, 1993, shall be considered the day. He was elected to soviet russias congress of peoples deputies in 1990 and backed. On december 12,1993, the new constitution of russia was approved by the people who voted for it at the referendum. A contextual analysis constitutional systems of the world henderson, jane, harding, andrew, berger, benjamin l, klug, heinz, leyland, peter, dixon, rosalind on. For a short discussion of the problems with the 1993 russian constitutional vote, including the doubts about whether more than half of the electorate in reality voted, see robert sharlet, transitional constitutionalism. The constitution of the russian federation and federal laws shall have. The day of the nationwide referendum of december 12, 1993 shall be. The constitution of the russian federation we, the multinational people of the russian federation, united by a common fate on our land, establishing human. It is worth noting that the center for the study of public policy. The current constitution of the russian federation russian. On december 12, 1993, russia held a nationwide constitutional referendum, in which a total of 58,187,755 voters, or 54. Yeltsin used the results of the referendum of april 1993 to justify his actions. July 1993 russian constitutional court 673 toward constitutionalism in russia.
Russian constitution day in facts and history sputnik. The constitution of the russian federation was adopted at national voting on december 12, 1993 the constitution came into force on the day of its official. The first constitutional court the 19921993 constitutional court had one important power that is lacking in the 1994 statute of the current court. The current version of the constitution was adopted by nationwide voting on december 12, 1993, after. The constitutional crisis reached a tipping point on september 21, 1993, when yeltsin aimed to dissolve the countrys legislature the congress of peoples deputies and its supreme soviet, although the president did not have the constitutional authority to do so. Russias constitution came into force on december 25, 1993, at the moment of its official publication. The constitution was approved by the president of the russian federation and adopted by referendum on 12 december 1993. Introduction the new russian constitution, which was approved by a popular referendum on december 12, 1993,2 entered into force on december 25, 1993.
Treaty and other treaties on the division of authorities and powers. Hegel is the philosopher whose teachings on history, politics and law set the stage for the genesis and evolution of the russian constitutional tradition. Study 38 terms political science flashcards quizlet. The 1993 constitutional conference was attended by over 800 participants. The constitutional crisis of 1993 was a political standoff between the russian president boris yeltsin and the russian parliament that was resolved by military force. Still, the question of whether the results of political and socioeconomic reforms are irreversible and in line with constitutional ideas and norms is open to discussion. Pdf the article enriches the discussion on the legal reasons and conditions fostering the viability of democratic constitutions by analyzing the rich. The constitution of the russian federation of 1993 provided the basis and tools for largescale societal transformations in russia. The decrees of the federation council shall be adopted by a majority of all deputies to the federation council unless otherwise provided for by the constitution of the russian federation. The division of authorities and powers among state government bodies of the.
Every citizen of the russian federation shall enjoy in its territory all the rights and freedoms and bear equal duties provided for by the constitution of the russian federation. The changes entered into force upon their official publication and are the first changes to the russian constitution since it was adopted in 1993. Constitution of the russian federation of december 25, 1993, with amendments of december 30, 2008 federal constitutional laws no. Learn vocabulary, terms, and more with flashcards, games, and other study tools. From a broad political perspective, the 1993 constitution signifies a complete departure from the communist dictatorship and a passage to democratic government. The constitution of the russian federation and federal laws shall have supremacy on the entire territory of the russian federation.
Constitution of the russian federation adopted by referendum on. Since adoption of the current russian constitution of 1993 this constitutional system made a great evolution. Introduction in autumn 1991 russia established a judicial mechanism to enforce the constitutionality of state action, introducing for the first time in russia the principle that government is subject to the rule of law. The article presents evidencebased data showing that the president and the constitutional court of the russian federation systematically acted as countermajoritarian institutions at the initial stage of the implementation of the blueprint for the future set down in the 1993 russian constitution. The new constitution came into force on the day when it was published in the rossiyskaya gazeta, december 25, 1993. State government bodies, local selfgovernment bodies, officials, citizens and their associations shall be obliged to observe the constitution of the russian federation and laws. The text of the constitution was inspired by mikhail speranskys constitutional project and current french constitution a constitutional referendum was held in russia on 12 december 1993. The text of the constitution was published in rossiiskaya gazeta newspaper as of december 25, 1993. This paper discusses the relationship among the president, the prime minister and the parliament of russia under the constitution of the russian federation 1993. Russian constitution financial disclosure law library. English translation garantservice download in zip format 26 kb. The power struggle reached its crisis on 21 september 1993, when president yeltsin aimed to dissolve the countrys legislature the. The new russian constitution and international law.
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