B. A. 2nd Sem, (Pol-Science), Unit- 4 (Russia) Class Notes (KU-NEP)

 By

Dr. Farzeen Bano

Unit- 4, Russia

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Russia: Historical Development of the Russian Constitution

1. Pre-Soviet Period (Before 1917)

- Russia was a monarchy under the Tsarist regime.

- The October Manifesto (1905) led to the creation of the Duma (Parliament) but the Tsar retained autocratic powers.

- No proper written constitution; governance was largely based on imperial decrees.

2. Soviet Era Constitutions

a) Constitution of 1918 (RSFSR Constitution)

- After the Bolshevik Revolution of 1917, this was the first Soviet constitution.

- Established a dictatorship of the proletariat. 

- Private property abolished; focus on workers’ and peasants’ rights.

- Power centralized in the All-Russian Congress of Soviets.

b) Constitution of 1924 (USSR Constitution)

- Formalized the creation of the Union of Soviet Socialist Republics (USSR).

- Gave limited autonomy to republics but central power remained dominant.

- Adopted a federal structure in theory, but practically centralized.

c) Constitution of 1936 (Stalin Constitution)

- Declared socialism had been achieved.

- Introduced universal suffrage, rights to work, education, and rest.

- In reality, the Communist Party controlled everything; democratic rights were suppressed.

d) Constitution of 1977 (Brezhnev Constitution)

- Claimed to be the most democratic constitution.

- Described USSR as a state of the whole people.

- Increased formal rights, but again, all power remained with the Communist Party.

3. Post-Soviet Era Constitution

Constitution of 1993 (Current Constitution)

- Adopted after the collapse of the USSR in 1991.

- Approved by national referendum on December 12, 1993.

- Established the Russian Federation as a democratic, federal, and rule-of-law state.

- Introduced separation of powers, multi-party democracy, and a market economy.

Features of the Russian Constitution (1993)

1. Federal Structure

- Russia is a federal state comprising republics, territories (krais), regions (oblasts), cities of federal significance, an autonomous region, and autonomous areas.

- Each has its own constitution or charter, but all are subject to the federal constitution.

2. Democratic and Republican Form

- Russia is defined as a democratic, federative, law-governed state with a republican form of government (Article 1).

- Power is derived from the people, who exercise it directly or through elected representatives.

3. Separation of Powers

- The Constitution establishes three branches of government:

  - Legislative: Federal Assembly (State Duma + Federation Council)

  - Executive: President and Government (Prime Minister + Ministries)

  - Judicial: Constitutional Court, Supreme Court, and other courts

4. Strong Presidential System

- The President is the head of state, commander-in-chief, and the guarantor of the Constitution.

- Has powers to issue decrees, appoint the Prime Minister, dissolve the Duma, and conduct foreign policy.

5. Fundamental Rights and Freedoms

- Comprehensive list of civil, political, economic, social, and cultural rights. 

- Rights include: freedom of speech, religion, assembly, movement, private property, and access to courts.

- International law is part of the Russian legal system (Article 15).

6. Rule of Law and Supremacy of Constitution

- The Constitution is the supreme legal force.

- All laws, acts, and government actions must conform to the Constitution.

7. Independent Judiciary

- Judicial independence is guaranteed.

- Constitutional Court ensures laws comply with the Constitution.

- Citizens can appeal directly to the Constitutional Court.

8. Multi-Party System and Political Pluralism

- Recognizes political diversity and multi-party democracy.

- No ideology is declared as official or state ideology (Article 13).

9. Market Economy and Private Property

- Ensures the right to private property.

- Supports free enterprise, competition, and protection of economic freedom.

10. National Symbols and Language

- National flag, anthem, and emblem are constitutionally recognized.

- Russian language is the official state language, but republics may establish their own state languages.

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 Structure of the Russian Government (under the 1993) Constitution. 

This includes the main branches of government 

The Russian Federation follows the principle of separation of powers among Executive, Legislative, and Judicial branches.

1. Executive Branch

a) President of the Russian Federation

- Head of State and the most powerful figure in Russian politics.

- Elected by direct popular vote for a 6-year term (since 2012).

- Can serve two consecutive terms (limit reset by 2020 constitutional amendments).

Powers and Functions:

- Guarantees Constitutional order and state sovereignty.

- Commander-in-Chief of the Armed Forces.

- Appoints the Prime Minister (with approval of the Duma).

- Can dissolve the State Duma, call referendums, and issue decrees.

- Conducts foreign policy and represents Russia internationally.

- Can declare martial law or a state of emergency.

b) The Government of the Russian Federation

- Also known as the Council of Ministers.

- Headed by the Prime Minister, appointed by the President.

- Includes Deputy Prime Ministers, Ministers, and Heads of Federal Agencies.

Functions:

- Implements domestic and foreign policy.

- Drafts the federal budget.

- Ensures law and order, and socio-economic development.

- Manages federal property and civil services.

2. Legislative Branch

The Federal Assembly is the bicameral (two-house) legislature of Russia.

a) State Duma (Lower House)

- 450 members, elected for 5 years through a mixed electoral system.

- Can initiate and pass federal laws.

- Approves the appointment of the Prime Minister.

- Can vote no confidence in the government.

b) Federation Council (Upper House)

- 170 members, two from each federal subject:

  - One elected by the regional legislature.

  - One appointed by the regional governor.

Functions:

- Approves laws passed by the Duma.

- Approves deployment of troops, martial law, and state emergencies.

- Approves judicial appointments and other presidential nominations.

3. Judicial Branch

a) Constitutional Court

- Interprets the Constitution.

- Can strike down laws that violate the Constitution.

- Resolves disputes between federal and regional authorities.

b) Supreme Court

- Highest court for civil, criminal, administrative, and economic disputes.

- Supervises the work of lower courts.

c) Other Courts

- Arbitration Courts (for commercial disputes).

- Regional and District Courts (general jurisdiction).

Key Features of Russian Government Structure

- Strong Presidential System with centralized power.

- Controlled checks and balances among branches.

- Legislative and judiciary have limited independence in practice.

- A federal system with 89 federal subjects, each having its own local government.

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Prime Minister of Russia

1. Status

- The Prime Minister (PM) is the head of the Government of the Russian Federation.

- Second most powerful official after the President.

- Appointed by the President, with approval of the State Duma. 

- Represents the executive branch, excluding presidential functions.

2. Role

- Acts as the chief administrator of the federal government.

- Leads the Council of Ministers (cabinet) in implementing laws and national policy.

- Oversees the economic, social, and administrative policies of the state.

- Coordinates the work of federal ministries, agencies, and services.

3. Powers and Functions

A. Administrative Powers

- Organizes the work of the government and chairs government meetings.

- Issues government resolutions and orders that are binding throughout Russia.

- Proposes candidates for federal ministers (except for ministers of defense, interior, and foreign affairs, which are proposed by the President).

B. Policy Implementation

- Ensures implementation of federal laws, presidential decrees, and decisions of the Federal Assembly.

- Develops and submits the federal budget to the State Duma.

- Oversees economic policy, health, education, science, labor, and other domestic issues.

C. Appointments and Proposals

- Submits proposals to the President regarding the structure and composition of the federal government.

- Nominates deputy prime ministers and ministers for appointment by the President.

D. Accountability

- The Prime Minister and the Government are accountable to the President and the State Duma.

- The Duma may pass a vote of no confidence; the President may then dismiss the government or reject the motion.

E. Acting President (in absence)

- If the President is unable to perform duties, the Prime Minister becomes the Acting President (e.g., in case of resignation, impeachment, or death of the President) until new elections are held.

4. Limitations

- The PM’s powers are subordinate to the President, who can:

  - Chair government meetings.

  - Overrule PM decisions.

  - Dismiss the PM at any time.

- Cannot independently conduct foreign policy or defense affairs, which are presidential domains.

5. Important Constitutional Provisions

- Article 83: President nominates PM.

- Article 111: State Duma must approve the President’s nominee within a set time.

- Article 113: PM determines guidelines for government work and signs its acts.

Conclusion

The Russian Prime Minister plays a central role in day-to-day governance, especially in domestic policy. However, the real power lies with the President, making the Prime Minister’s role influential but limited in terms of independent authority.

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President of the Russian (under the 1993 Constitution) 

1. Status

- The President is the Head of State and the highest official in the Russian Federation.

- Acts as the guarantor of the Constitution, rights and freedoms of citizens.

- Symbolizes national unity and state power.

- Not a part of the legislative, executive, or judicial branches, but holds dominant authority over all.

2. Role

- Ensures the functioning and coordination of all branches of power.

- Represents Russia in internal affairs and international relations.

- Plays a key leadership role in foreign policy, defense, national security, and lawmaking.

3. Powers and Functions

A. Legislative Powers

- Can initiate legislation in the State Duma.

- Signs federal laws or vetoes them (veto can be overridden by 2/3rd Duma vote).

- Can dissolve the State Duma under certain conditions (e.g., rejection of PM nomination three times).

- Addresses the Federal Assembly annually on the State of the Nation.

B. Executive Powers

- Appoints the Prime Minister (with State Duma approval).

- Appoints or dismisses Deputy PMs, Ministers, and Governors.

- Issues decrees and executive orders (which have the force of law unless they contradict the Constitution or federal law).

- Can dismiss the entire Government at will.

C. Foreign Policy and Defense

- Represents Russia internationally.

- Conducts treaty negotiations, signs agreements.

- Appoints and recalls ambassadors.

- Supreme Commander-in-Chief of the Armed Forces.

- Can declare martial law or state of emergency. 

D. Judicial Powers

- Appoints judges of the Constitutional Court, Supreme Court, and other federal courts (with Federation Council approval).

- Has the power of pardon and clemency.

E. Security and National Stability

- Heads the Security Council.

- Ensures national sovereignty, integrity, and constitutional order.

4. Term and Election

- Directly elected by the people for a 6-year term. 

- May serve two consecutive terms (reset by 2020 constitutional amendments).

- Must be a citizen of Russia, at least 35 years old, and resident for at least 25 years.

5. In Case of Inability or Vacancy

- If the President is unable to perform duties (death, resignation, impeachment), the Prime Minister becomes Acting President until elections are held.

6. Constitutional Provisions

- Article 80 to 93 of the Russian Constitution deal with the President’s office.

- Emphasize the President’s duty to maintain stability, protect sovereignty, and coordinate the state system.

7. Limitations and Criticism

- Constitutionally, Russia is a semi-presidential system, but in practice, it has a strong presidential regime.

- The President’s authority sometimes leads to centralization of power, reducing checks and balances.

Conclusion

The Russian President is the most powerful political figure in the country, with broad authority over domestic and international matters. While there are formal checks, in practice, the President holds dominant influence over all branches of government.

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Russian Legislature: Federal Assembly (the Parliament of the Russian Federation) 

The Federal Assembly is the bicameral national legislature of Russia. It consists of:

1. State Duma (Lower House)

2. Federation Council (Upper House)

Established under Articles 94–109 of the 1993 Constitution.

1. State Duma (Lower House)

Composition

- Total Members: 450 Deputies.

- Term: 5 years.

- Elected by: Mixed electoral system (half by proportional representation, half by single-member constituencies).

Powers and Functions

Legislative Powers

- Initiates, discusses, and adopts federal laws.

- Can override Presidential veto with a two-thirds majority.

Government Oversight

- Gives consent to the President’s appointment of the Prime Minister.

- Can express vote of no confidence in the Government.

- Hears annual reports from the Prime Minister and government bodies.

Appointments

- Appoints or approves:

  - Chairperson of the Central Bank.

  - Human Rights Commissioner.

  - Half of the Audit Chamber members.

Other Functions

- Approves the federal budget and monitors its implementation.

- Debates domestic and foreign policy issues.

- Initiates impeachment proceedings against the President (requires a two-thirds vote, subject to Federation Council confirmation).

2. Federation Council (Upper House)

Composition

- Total Members: 170 (2 from each of the 85 federal subjects):

  - 1 elected by the regional legislature.

  - 1 appointed by the regional governor.

- No fixed term – depends on the term of the regional representative.

Powers and Functions

Legislative Review

- Reviews and approves or rejects laws passed by the State Duma.

- Must approve laws related to federal structure, budget, taxes, war and peace, and national security.

Appointments

- Approves:

  - Presidential appointments of Constitutional and Supreme Court judges.

  - Appointment of Prosecutor General and Central Bank head.

Defense and Security

- Authorizes:

  - Use of the Armed Forces outside Russia.

  - Declaration of martial law or state of emergency (as proposed by the President).

Presidential Impeachment

- Plays a key role in impeachment trials: must approve the decision by a two-thirds majority.

Conclusion

The Federal Assembly ensures representative democracy, lawmaking, and a check on executive power. While the State Duma is more active in daily legislation and oversight, the Federation Council acts as a stabilizing institution representing regional interests and overseeing major national decisions.

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Russian Judiciary (as outlined in the 1993 Constitution) 

The judicial system of the Russian Federation is an independent branch of government. It functions under the principle of rule of law, as enshrined in Chapter 7 (Articles 118–129) of the Russian Constitution.

1. Structure of the Russian Judiciary

A. Constitutional Court of the Russian Federation

- Highest body of constitutional supervision. 

- Consists of 11 judges (as of 2020, previously 19).

- Judges are nominated by the President and approved by the Federation Council. 

Jurisdiction:

- Interprets the Constitution.

- Reviews laws, presidential decrees, and government acts for constitutionality.

- Resolves disputes between federal and regional authorities.

- Decides on the constitutionality of political parties and election laws.

- Individuals can file complaints if their constitutional rights are violated by a law.

B. Supreme Court of the Russian Federation

- The highest court for civil, criminal, administrative, and economic cases.

- Supervises and gives guidance to lower courts.

- Can review decisions of lower courts and provide legal interpretations.

- Has authority over military courts and specialized courts. 

C. Courts of General Jurisdiction

Includes:

- Regional/Oblast Courts

- District Courts

- Justices of the Peace

Functions:

- Handle civil, criminal, and administrative cases.

- Deal with local disputes, family law, minor crimes, and small claims.

- Justices of the Peace handle the lowest level of cases (e.g., traffic violations, small disputes).

D. Arbitration Courts (Commercial Courts)

- Deal with economic and business-related disputes.

- Includes:

  - Federal Arbitration Courts

  - Regional Arbitration Courts

  - Court for Intellectual Property Rights

Functions:

- Resolve disputes between legal entities, including state bodies and private companies. 

- Handle bankruptcy cases, commercial contracts, and tax issues.

2. Powers of the Russian Judiciary

A. Interpretation and Application of Law

- Courts apply and interpret federal laws, the Constitution, international treaties, and presidential decrees.

B. Judicial Review

- Constitutional Court can invalidate laws that conflict with the Constitution.

C. Protection of Rights and Freedoms

- Ensures the protection of constitutional rights of individuals.

- Citizens can appeal illegal acts of government bodies to the courts.

D. Dispute Resolution

- Resolves disputes between citizens, organizations, and the state.

- Arbitration courts resolve economic and property-related disputes.

E. Criminal Justice

- Conducts fair and impartial trials.

- Ensures rights of the accused, including presumption of innocence, legal counsel, and fair hearing.

F. Judicial Independence

- Judges are independent and irremovable during their term.

- They are subject only to the Constitution and federal law. 

- Judicial interference is prohibited.

3. Judicial Appointments and Oversight

- Judges are appointed by the President (higher courts) or other relevant bodies (lower courts).

- The Judicial Qualification Board oversees appointment and discipline of judges.

- The Prosecutor General supervises legality of administrative actions but is not part of the judiciary.

Conclusion

The Russian judiciary plays a key role in upholding the Constitution, ensuring justice, and protecting rights. While independent in theory, its actual autonomy is often debated due to strong executive influence. The Constitutional and Supreme Courts form the backbone of legal interpretation and justice delivery in Russia.

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The Russian Federation

1. Introduction

- The Russian Federation (Russia) is the largest country in the world by land area.

- It is a federal, semi-presidential republic with a multi-ethnic population and strong centralized power.

- The current Constitution was adopted on December 12, 1993, after the fall of the Soviet Union.

2. Historical Background

- Pre-1917: Tsarist autocracy under Romanov dynasty.

- 1917–1991: Communist rule under the Soviet Union (USSR).

- 1991: Dissolution of the USSR; Russia emerged as an independent state. 

- 1993: Adoption of a new Constitution establishing the Russian Federation.

3. Nature of the State

- Sovereign and democratic federal state with a republican form of government.

- Governed by the rule of law, separation of powers, and human rights. 

- Official language: Russian (over 100 other languages spoken regionally).

- Capital: Moscow.

4. Federal Structure

- Russia is a federation consisting of 85 federal subjects, including:

  - 22 Republics

  - 9 Territories (Krais)

  - 46 Provinces (Oblasts)

  - 3 Federal Cities (Moscow, St. Petersburg, Sevastopol)

  - 1 Autonomous Oblast

  - 4 Autonomous Districts

- Each federal subject has its own constitution or charter and regional legislature. 

5. Constitution and Legal System

- The 1993 Constitution is the supreme law of the land.

- Establishes the rights and freedoms of citizens, state structure, and division of powers.

- Russia follows a civil law system.

6. Structure of Government

A. Executive Branch

B. Legislative Branch (Federal Assembly)

C. Judicial Branch

7. Political System

- Multiparty system, though dominated by United Russia party.

- Elections held at federal, regional, and local levels.

- Accusations of electoral manipulation and restricted media freedom exist.

8. Foreign Policy

- Permanent member of the UN Security Council. 

- Focus on multipolar world. regional dominance, and strategic partnerships (e.g., China, India).

- Active in former Soviet states, and involved in conflicts like Ukraine and Syria.

9. Economy

- Mixed economy with state involvement in strategic sectors (oil, gas, defense).

- Rich in natural resources: oil, gas, minerals, forests.

- Faces sanctions, inflation, and dependency on energy exports.

10. Society and Culture

- Diverse ethnic groups (over 190), including Russians, Tatars, Chechens, Bashkirs.

- Russian Orthodox Church is the dominant religion.

- Education, literature, arts, and sciences have deep historical roots.

11. Key Challenges

- Authoritarian governance and centralization of power.

- Corruption and lack of judicial independence.

- Human rights violations, media suppression, and limited opposition space.

- Regional inequality and population decline. 

Conclusion

The Russian Federation is a powerful and complex state with a rich history, strong leadership, and significant global influence. Despite its constitutional framework and federal structure, its politics are marked by centralization of authority, ongoing internal and external challenges, and a continuous struggle between democratic principles and authoritarian tendencies.