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Strasbourg, 24 February
2003
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Restricted
CDL (2003) 18
Or. Russian
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EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
CONSTITUTION OF THE RUSSIAN
FEDERATION
ADOPTED BY POPULAR VOTE
ON 12 DECEMBER 1993
We,
the multinational people of the Russian Federation,
united by the common destiny
on our own land,
asserting human rights and
freedoms, civil peace and harmony, preserving historically established unity of
the state,
proceeding
from the generally recognised principles of equality and self-determination of
peoples,
revering
the memory of ancestors, who have handed down to us their love and respect of
our Motherland and sincere belief in good and justice,
reviving
sovereign statehood of Russia and strengthening the firmness of its democratic
basis,
striving
to ensure the well-being and prosperity of Russia,
proceeding
from the responsibility for their Motherland towards present and future
generations,
aware
that they are part of the world community,
adopt
the Constitution of the Russian Federation
SECTION ONE
Chapter 1
The Basics of the
Constitutional System
Article 1
1.
The Russian Federation - Russia shall be a democratic federal law-governed
State with a republican form of government.
2.
The terms "the Russian Federation" and "Russia" shall be
equivalent.
Article 2
An
individual, his rights and freedoms, shall be the supreme value. Recognition,
observance and protection of rights and freedoms of individual and citizen
shall be an obligation of the state.
Article 3
1.
The multinational people of the Russian Federation shall be a bearer of its
sovereignty and the only source of power.
2.
The people shall exercise state power directly, as well as through bodies of
state power and organs of local self-government.
3.
The highest direct expression of the people's power shall be a referendum and
free elections.
4.
No person shall misappropriate power in the Russian Federation. Seizure of
power or misappropriation of power shall be prosecuted according to federal
law.
Article 4
1.
The sovereignty of the Russian Federation shall apply to its whole territory.
2.
The Constitution of the Russian Federation and the federal laws shall have
supremacy over all the territory of the Russian Federation.
3.
The Russian Federation shall guarantee the unity and the inviolability of its
territory.
Article 5
1.
The Russian Federation shall consist of Republics, Territories, Regions, Cities
of federal importance, Autonomous regions and Autonomous areas, subjects of the
Russian Federation enjoying equal rights.
2.
A Republic (State) shall have its own Constitution and legislation.
Territories, Regions, Autonomous regions, Autonomous areas and Cities of
federal importance shall have their own Statutes and legislation.
3.
Federative relations within the Russian Federation shall be built on the basis
of state unity, unity of the state power system, separation of the terms of
reference and authorities between the bodies of state power of the Russian
Federation and the bodies of state power of the subjects of the Russian
Federation, and equality of rights and self-determination of peoples within the
Russian Federation.
4.
In their relations with federal bodies all the subjects of the Russian
Federation shall have equal rights.
Article 6
1.
Citizenship of the Russian Federation shall be acquired and terminated
according to the federal legislation. It shall be uniform and equal
irrespective of the grounds of its acquisition.
2.
Every citizen of the Russian Federation shall possess, within its territory,
full rights and freedoms and shall bear equal responsibilities provided for by
the Constitution of the Russian Federation.
3.
No citizen of the Russian Federation shall be deprived of his citizenship or
the right to change it.
Article 7
1.
The Russian Federation shall be a social state, the policy of which is aimed at
the creation of conditions providing a decent life and the free development of
an individual.
2.
In the Russian Federation labour and health of people shall be protected, a
guaranteed minimum level of remuneration for labour shall be established,
support of family, motherhood, fatherhood and childhood, disabled and elderly
persons shall be guaranteed, system of social services shall be developed,
state pensions, allowances and other guarantees of social protection shall be
ensured.
Article 8
1.
In the Russian Federation the integrity of economic space, free movement of
goods, services and financial resources, protection of competition, freedom of
economic activity shall be guaranteed.
2.
In the Russian Federation private, state, municipal and other forms of property
shall be recognised and equally protected.
Article 9
1.
In the Russian Federation the land and other natural resources shall be used
and protected as a basis of life and activities of the peoples living within
the corresponding territory.
2.
The land and the other natural resources may be in private, state, municipal
and other forms of property.
Article 10
The
state power in the Russian Federation shall be exercised through separation of
the legislative, executive and judicial powers. The bodies of the legislative,
executive and judicial powers shall be independent.
Article 11
1.
The state power of the Russian Federation shall be exercised by the President
of the Russian Federation, the Federal Assembly (the Council of the Federation
and the State Duma), the Government of the Russian Federation and the courts of
the Russian Federation.
2.
The state power in the subjects of the Russian Federation shall be exercised
through the bodies of power established by them.
3.
The delimitation of the terms of reference and authorities between the bodies
of state power of the Russian Federation and the bodies of state power of the
subjects of the Russian Federation shall be realised on the basis of the
present Constitution and Federative and other treaties on the separation of
terms of reference and authorities.
Article 12
The
local self-government shall be recognised and guaranteed in the Russian
Federation. The local self-government within its terms of reference shall be
independent. The bodies of the local self-government shall not be included in
the system of the bodies of the state power.
Article 13
1.
In the Russian Federation ideological diversity shall be recognised.
2.
No ideology may be established as a state or compulsory one.
3.
In the Russian Federation, political diversity and a multiparty system shall be
recognised.
4.
Social associations shall be equal before the law.
5.
Creation and activity of social associations shall be prohibited, if their aims
and actions are directed to the violent change of the foundations of the
constitutional system, the breach of integrity of the Russian Federation, the
undermining of the security of the state, the creation of military units not
provided for by the Constitution of the Russian Federation and federal laws,
the fomenting of social, racial, national and religious strife.
Article 14
1.
The Russian Federation shall be a secular state. No religion shall be
established as a state or compulsory one.
2.
Religious associations shall be separated from the state and shall be equal
before the law.
Article 15
1.
The Constitution of the Russian Federation shall have the highest juridical
force, direct action and shall be applied throughout the territory of the
Russian Federation. The laws and other legal acts, adopted in the Russian
Federation, shall not contradict the Constitution of the Russian Federation.
2.
The bodies of state power, bodies of local self-government, government
officials, citizens and their associations shall observe the Constitution of
the Russian Federation and its laws.
3.
The laws shall be officially promulgated. Non-promulgated laws shall not be
applied. Any statutory legal acts affecting rights, freedoms and obligations of
individual and citizen shall not be used if they are not officially published
for general knowledge.
4.
Generally accepted principles and rules of international law and international
treaties of the Russian Federation shall be an integral part of its legal
system. If an international treaty of the Russian Federation establishes rules,
other than provided for by the law, the rules of the international treaty shall
be applied.
Article 16
1.
The provisions of the present Chapter of the Constitution shall be firm
fundamentals of the constitutional system of the Russian Federation, and cannot
be changed other than by the procedure established by the present Constitution.
2.
The other provisions of the Constitution may not be contrary to the
fundamentals of the constitutional system of the Russian Federation.
Chapter 2
Rights and Freedoms of
Individual and Citizen
Article 17
1.
In the Russian Federation the rights and freedoms of individual and citizen
shall be recognised and guaranteed according to the generally accepted
principles and rules of international law and according to the present
Constitution.
2.
The basic rights and freedoms shall be inalienable and belong to every person
from birth.
3.
The exercise of rights and freedoms of individual and citizen shall not
infringe upon the rights and freedoms of other persons.
Article 18
The
rights and freedoms of the individual and the citizen shall be directly
enforced. They shall determine the meaning, content and application of laws,
the activities of the legislative and executive authorities, bodies of local
self-government
and shall be guaranteed by justice.
Article 19
1.
Every person shall be equal before the law and the court.
2.
The equality of the rights and freedoms of the individual and the citizen shall
be guaranteed by the state irrespective of sex, race, nationality, language,
origin, property and official status, place of residence, attitude to religion,
convictions, membership in public associations as well as other circumstances.
All forms of limitation of rights of citizens according to their social status,
race, nationality, language or religion shall be prohibited.
3.
Men and women shall have equal rights and freedoms and equal opportunities for
their realisation.
Article 20
1.
Every person shall have the right to life.
2.
Capital punishment pending its abolition may be established by the federal law
as an exceptional punishment for especially grave crimes against life, and the accused
should be granted the right to have his case considered by a court of jury.
Article 21
1.
The dignity of a person shall be protected by the state. Nothing shall
constitute ground for its derogation.
2.
No person shall be subjected to torture, violence, other cruel or degrading
human dignity treatment or punishment. No person shall be subjected to medical,
scientific or other experiments without his voluntary consent.
Article 22
1.
Every person shall have the right to freedom and personal immunity.
2.
Arrest, taking into custody and close confinement shall be allowed upon
decision of the court only. Before the decision of the court a person may not
be detained for more than 48 hours.
Article 23
1.
Every person shall have the right to inviolability of private life, personal
and family secrets, protection of honour and good name.
2.
Every person shall have the right to privacy of correspondence, telephone
conversations, post, telegraphic and other communications. Restrictions on this
right may be imposed only by a decision of the court.
Article 24
1.
Gathering, storage, use and dissemination of information on private life of an
individual without his consent shall not be allowed.
2.
State bodies and bodies of local self-government, and their officials shall be
bound to ensure to everyone the possibility of getting acquainted with
documents and materials directly affecting his rights and freedoms, unless
otherwise provided for by law.
Article 25
A
home shall be inviolable. No person shall have the right to penetrate the home
against the will of those residing in it unless in cases provided for by the
federal law or upon the decision of the court.
Article 26
1.
Everyone shall have the right to determine and declare his nationality. Nobody
can be forced to determine and declare his ethnic origin.
2.
Everyone shall have the right to use his native language, to a free choice of
the language of communication, upbringing, education and creative work.
Article 27
1.
Every person who legally resides in the territory of the Russian Federation
shall have the right to freely move and choose his place of residence or
domicile. Exceptions shall be established by federal law.
2.
Every person may freely leave the Russian Federation. Citizens of the Russian
Federation shall have the right to freely return to the Russian Federation.
Article 28
Every
person shall be guaranteed the right to freedom of conscience, freedom of
religion, including the right to profess, either alone or in community with
others, any or no religion, to freely choose, have and disseminate religious or
other convictions and to act according to them.
Article 29
1.
Every person shall have the right to freedom of thought and speech.
2.
Propaganda and agitation instigating social, racial, national or religious
hatred and strife shall not be allowed. The propaganda of social, racial,
national, religious or language exclusiveness shall be banned.
3.
No person may be compelled to express his views and convictions or to denounce
them.
4.
Every person shall have the right to freedom of seeking, receiving,
transferring, producing and disseminating information by any legal means. An
exhaustive list of data representing state secret shall be defined by the
federal law.
5.
Freedom of mass media shall be guaranteed. Censorship shall be prohibited.
Article 30
1.
Every person shall have the right to freedom of association, including the
right to establish trade unions to protect his interests. Free activity of
public associations shall be guaranteed.
2.
No person may be compelled to join or to belong to an association.
Article 31
Citizens
of the Russian Federation shall have the right to meet peacefully, without
arms, and to organise discussions, meetings and demonstrations, as well as
processions and pickets.
Article 32
1.
Citizens of the Russian Federation shall have the right to take part in the
administration of the state, directly or through their representatives.
2.
Citizens of the Russian Federation shall have the right to elect and to be
elected to bodies of state power and local self-government bodies as well as to
participate in referendum.
3.
Citizens found incapable by the court as well as those contained in places of
confinement upon the verdict of the court shall have neither the right to
elect, nor to be elected.
4.
Citizens of the Russian Federation shall have equal access to public service.
5.
Citizens of the Russian Federation shall have the right to participate in the
administering of justice.
Article 33
Citizens
of the Russian Federation shall have the right to address personally as well as
to send addresses individually or collectively to state bodies and bodies of
local self-government.
Article 34
1.
Every person shall have the right to freely use his abilities and property for
the purpose of business or other economic activities not prohibited by the law.
2.
Economic activities aimed at monopolisation or unfair competition shall be
prohibited.
Article 35
1.
The right to private property shall be protected by the law.
2.
Every person shall have the right to possess private property, own, use and
dispose of it, both personally and jointly with other persons.
3.
No person shall be deprived of his property otherwise than upon the decision of
the court. Compulsory alienation of
property for state purposes can be done only with preliminary and equal value
compensation.
4.
The right to succession shall be guaranteed.
Article 36
1.
Citizens and their associations shall have the right to privately own the land.
2.
Ownership, use and disposal of the land and other natural resources shall be
freely exercised by their owners, if it does not create a damage to the
environment and detriment to the interests of other persons.
3.
The conditions and the order of the land-use shall be established by federal
law.
Article 37
1.
Labour shall be free. Every person shall have the right to freely dispose of
his ability to work, to choose the sphere of his activities and profession.
2.
Forced labour shall be prohibited.
3.
Every person shall have the right to labour in the conditions meeting the
requirements of safety and hygiene, to the remuneration of his work without any
discrimination and not below the minimum level of labour remuneration
established by federal law, as well as to protection against unemployment.
4. The
right to individual and collective labour dispute, including the right to
strike with the use of methods of settlement established by federal law, shall
be recognised.
5.
Every person shall have the right to rest. For every person working under a
labour contract working hours, days-off and holidays, paid annual leave
established by the federal law shall be guaranteed.
Article 38
1.
Maternity, childhood and family shall be protected by the state.
2.
The care of children and their upbringing shall be an equal right and duty of
parents.
3.
Able-bodied children who have attained 18 years shall be obliged to care for
their not able-bodied parents.
Article 39
1.
Every person shall be guaranteed social insurance in old age, in case of
sickness, disablement, loss of capability to work, loss of a breadwinner,
upbringing of children and other cases established by law.
2.
State pensions and social allowances shall be established by the law.
3.
Voluntary social insurance, creation of additional forms of social security and
charity shall be promoted.
Article 40
1.
Every person shall have the right to housing. No person may be arbitrarily
deprived of his home.
2.
State bodies and local self-government bodies shall promote house building,
create conditions for exercising the right to housing.
3.
Needy and other citizens mentioned by the law who seek housing shall receive it
free of charge or at an affordable cost from state, municipal and other housing funds according to the standards
established by the law.
Article 41
1.
Every person shall have the right to health protection and medical care.
Medical care in state and municipal health institutions shall be provided to
citizens free of charge and be covered by relevant budget, insurance
contributions and other revenues.
2.
In the Russian Federation federal programmes of protection and improvement of
health of the population shall be financed, measures shall be taken to develop
state, municipal and private systems of health care and activities facilitating
improvement of health of every person and development of physical culture and
sports, ecological as well as sanitary and epidemiological welfare shall be
encouraged.
3.
Concealment by officials of the facts and circumstances posing threat to life
and health of people shall entail responsibility under the federal law.
Article 42
Every
person shall have the right to a favourable environment, reliable information
about the state of the environment, and compensation for damage to his health
or property caused by ecological offences.
Article 43
1.
Every person shall have the right to education.
2.
Provision of open-door and free pre-school, general secondary and vocational
secondary education in the state and municipal educational institutions and
enterprises shall be guaranteed.
3.
Every person shall have the right to receive, on a competitive basis, free
higher education in a state or municipal educational institution or enterprise.
4.
Basic general education shall be compulsory. Parents or their substitutes shall
ensure that children receive basic general education.
5.
The Russian Federation shall establish federal state educational standards and
maintain different forms of education and self-education.
Article 44
1.
Freedom of literature, artistic, scientific, technical and other kinds of
creative activities, or teaching as well as intellectual properly shall be
protected by law.
2.
Every person shall have the right to participate in cultural life, to use
cultural institutions, and to have access to cultural values.
3.
Every person shall be bound to care about the preservation of historic and
cultural heritage, to protect monuments of history and culture.
Article 45
1.
State protection of rights and freedoms of the individual and the citizen in
the Russian Federation shall be guaranteed.
2.
Every person shall have the right to protect his own rights and freedoms using
all means not prohibited by law.
Article 46
1.
Every person shall be guaranteed legal protection of his rights and freedoms.
2.
Decisions and actions or lack of action of state bodies, bodies of local
self-government, public associations and officials may be appealed against in
court.
3.
Every person shall have the right, in accordance with international treaties of
the Russian Federation, to appeal to international bodies on human rights and
freedoms protection, if all existing internal national legal remedies have been
exhausted.
Article 47
1.
No person shall be deprived of the right to the examination of his case in the
court and by the judge to whose jurisdiction the present case is related.
2.
The accused of committing the crime shall have the right to the examination of
his case in court before the jury in cases provided for by federal law.
Article 48
1.
Every person shall be guaranteed the right to qualified legal assistance. In
cases provided for by the legislation this assistance shall be rendered free of
charge.
2.
Every person arrested, detained or charged with an offence shall have the right
to assistance by a lawyer (counsel) from the moment of his arrest, detention or
accusation, respectively.
Article 49
1.
Every person charged with an offence shall be presumed innocent until proven
guilty in accordance with procedures provided for by the federal legislation
and by an enforced verdict of a court.
2.
No person accused shall be bound to prove his innocence.
3.
Unremovable doubts in the guilt of the accused shall be interpreted in his
favour.
Article 50
1.
No person shall be found guilty twice for the same offence.
2.
No evidence obtained by way of violating the federal legislation shall be
admissible in administering justice.
3.
Every person charged with an offence shall have the right to challenge his
verdict in a court of higher level in accordance with the procedure established
by the federal legislation, as well as the right to appeal for pardon or
mitigation of his sentence.
Article 51
1.
No person shall be bound to testify against himself, his spouse and close
relatives specified by the federal legislation.
2.
The federal legislation may provide for other cases of exemption from
obligation to give testimony.
Article 52
Rights
of victims of crimes and abuses of power shall be protected by law. The state
shall ensure them an access to justice and a compensation for the damage
caused.
Article 53
Every
person shall have the right to be compensated by the state for the damage
caused as a result of illicit actions (inaction) of the state bodies and their
officials.
Article 54
1.
The law establishing or aggravating responsibility of a person shall have no
retroactive effect.
2.
No person may be responsible for the act which at the moment of its commitment
has not been recognised as an offence. If after the commitment of an offence
the responsibility for it has been removed or mitigated, the new law shall be
applied.
Article 55
1.
The enumeration of fundamental rights and freedoms in the Constitution of the
Russian Federation shall not be interpreted as a denial of or derogation from
other universally recognised rights and freedoms of individual.
2.
Laws that deny or derogate from rights and freedoms of individual and citizen
shall not be issued in the Russian Federation.
3.
Rights and freedoms of individual and citizen may be restricted by federal law
only to the extent needed for the purposes of protecting the foundations of its
constitutional system, morals, health, rights and legitimate interests of other
persons, and ensuring the defence of the nation and security of the state.
Article 56
1.
Under the conditions of a state of emergency, in order to ensure safety of
citizens and protection of the constitutional system in conformity with federal
constitutional law certain restrictions of rights and freedoms may be
established with the indication of limits and terms of their effect.
2.
State of emergency throughout the territory of the Russian Federation and in
its separate localities may be imposed under certain circumstances in
accordance with the procedure established by federal constitutional law.
3.
Rights and freedoms provided for in Articles 20, 21, 23 (Part one), 24, 28, 34
(Part one), 40 (Part one), 46, 47, 48, 49, 50, 51, 52, 53 and 54 of the
Constitution of the Russian Federation shall not be subject to restriction.
Article 57
Every
person shall be bound to pay legally imposed taxes and collections. Laws
imposing new taxes or aggravating the situation of tax-payers shall have no
retroactive effect.
Article 58
Every
person shall be bound to protect nature and the environment, and to manage
natural wealth with care.
Article 59
1.
The defence of the Motherland shall be the duty and responsibility of a citizen
of the Russian Federation.
2.
A citizen shall do his military service under federal law.
3.
A citizen whose convictions or religious beliefs are inconsistent with the
performance of military service, as well as in other cases provided for by
federal law, shall have the right to an alternative civil service.
Article 60
A
citizen of the Russian Federation who has attained the age of 18 shall
independently exercise all his rights and discharge all his duties.
Article 61
1.
No citizen of the Russian Federation may be deported outside the country or
extradited to another state.
2.
The Russian Federation shall guarantee to its citizens protection and patronage
outside the country.
Article 62
1.
A citizen of the Russian Federation may have citizenship of another country
(double citizenship) in conformity with a federal law or an international
treaty of the Russian Federation.
2.
The fact that a citizen of the Russian Federation enjoys citizenship of another
country shall not diminish his rights and freedoms and shall not relieve him of
his duties arising from the Russian citizenship unless otherwise provided for
by the federal law or international treaty of the Russian Federation.
3.
Citizens of other countries and stateless persons in the Russian Federation
shall enjoy the rights and perform the duties of its citizens unless otherwise
provided for by the federal law or international treaty of the Russian
Federation.
Article 63
1.
The Russian Federation shall grant political asylum to foreign citizens and
stateless persons in accordance with the generally accepted rules of
international law.
2.
In the Russian Federation no extradition to other countries of persons
persecuted for political convictions as well as for actions (or inactions) not
recognised in the Russian Federation as crimes shall be allowed. Extradition of
persons accused of a crime as well as surrender of convicted persons to serve
sentence in other countries shall be carried out on the basis of the federal
law or an international treaty of the Russian Federation.
Article 64
The
provisions of the present Chapter shall be firm fundamentals of the juridical
status of an individual of the Russian Federation and cannot be changed other than
by the procedure established by the present Constitution.
Chapter 3
The Federal Structure
Article 65
1.
The Russian Federation shall be composed of the following subjects of the
Russian Federation:
The
Republic of Adygeya (Adygeya), the Republic of Altai, the Republic of
Bashkortostan, the Republic of Buryatia, the Chechen Republic, the Chuvash
Republic - the Chavash Respubliki, The Republic of Daghestan, the Ingush
Republic, the Kabardin-Balkar Republic. the Republic of Kalmykia - Hulmg
Tungch, the Karachai-Cherkess Republic, the Republic of Karelia, the Republic
of Komi, the Republic of Mariy El, the Mordovian Republic, the Republic of
North Ossetia, the Republic of Sakha (Yakutia), the Republic of Tatarstan
(Tatarstan), the Republic of Tuva, the Udmurt Republic, the Republic of
Khakassia;
the
Altai territory, the Krasnodar territory, the Krasnoyarsk territory, the
Primorsk territory, the Stavropol territory, the Khabarovsk territory;
the
Amur region, the Arkhangelsk region, the Astrakhan region, the Belgorod region,
the Bryansk region, the Chelyabinsk region, the Chita region, the Ivanovo
region, the Irkutsk region, the Kaliningrad region, the Kaluga region, the
Kamchatka region, the Kemerovo region, the Kirov region, the Kostroma region,
the Kurgan region, the Kursk region, the Leningrad region, the Lipetsk region,
the Magadan region, the Moscow region, the Murmansk region, the Nizhnyi
Novgorod region, the Novgorod region, the Novosibirsk region, the Omsk region,
the Orenburg region, the Orel region, the Penza region, the Perm region, the
Pskov region, the Rostov region, the Ryazan region, the Samara region, the
Saratov region, the Sakhalin region, the Sverdlovsk region, the Smolensk
region, the Tambov region, the Tver region, the Tomsk region, the Tula region,
the Tumen region, the Ulyanovsk region, the Vladimir region, the Volgograd
region, the Vologda region, the Voronezh region, the Yaroslavl region;
Moscow,
the city of federal importance, Saint-Petersburg, the city of federal
importance;
the
Jewish Autonomous region:
the
Aginsk Buryat Autonomous area, the Chukot Autonomous area, the Evenk Autonomous
area, the Khanty-Mansi Autonomous area, the Komi-Permyak Autonomous area, the
Koryak Autonomous area, the Nenets Autonomous area, the Taimyr (Dolgano-Nenets)
Autonomous area, the Oust-Orda Buryat Autonomous area, the Yamal-Nenets
Autonomous area.
2.
The admission into the Russian Federation and formation therein of a new
subject shall be carried out through federal constitutional law.
Article 66
1.
The status of a Republic shall be determined by the Constitution of the Russian
Federation and by the Constitution of the Republic.
2.
The status of a Territory, Region, City of federal importance, Autonomous
region and Autonomous area shall be defined by the Constitution of the Russian
Federation and by the Statute of the Territory, Region, City of federal
importance, Autonomous region. Autonomous area adopted by the legislative
(representative) body of the relevant subject of the Russian Federation.
3.
On the presentation of legislative and executive bodies of an Autonomous
region, Autonomous area a federal law on the Autonomous region, Autonomous area
may be adopted.
4.
The relations of the Autonomous areas which are part of a Territory or a Region
can be regulated by a federal law and a treaty between bodies of state power of
an Autonomous area and, correspondingly, bodies of state power of a Territory
or Region.
5.
The status of a subject of the Russian Federation can be changed with a mutual
consent of the Russian Federation and the subject of the Russian Federation
according to a federal constitutional law.
Article 67
1.
The territory of the Russian Federation shall include the territories of its
subjects, internal waters and territorial sea and air space above them.
2.
The Russian Federation shall possess sovereign rights and exercise jurisdiction
over the continental shelf and in the exclusive economic zone of the Russian
Federation as defined by the federal law and the rules of international law.
3.
The boundaries between the subjects of the Russian Federation may be altered
upon their mutual agreement.
Article 68
1.
The state language of the Russian Federation throughout its territory shall be
the Russian language.
2.
Republics shall have the right to introduce their own state languages. In state
bodies, bodies of self-government and institutions of Republics they shall be
used equally with the state language of the Russian Federation.
3.
The Russian Federation shall guarantee to all its peoples the right to preserve
a native language, create conditions for its learning and development.
Article 69
The
Russian Federation shall guarantee rights of indigenous minorities in
conformity with the generally recognised principles and rules of international
law and the international treaties of the Russian Federation.
Article 70
1.
The state flag, emblem and anthem of the Russian Federation, their description
and procedures of their official use shall be established by federal
constitutional law.
2.
The capital of the Russian Federation shall be the city of Moscow. The status
of the capital shall be established by federal law.
Article 71
The
jurisdiction of the Russian Federation shall cover:
a)
the approval of and amendment to the Constitution of the Russian Federation and
federal laws and the control over their observance;
b)
the federal structure and territory of the Russian Federation;
c)
the regulation and protection of the rights and freedoms of the individual and
the citizen; citizenship in the Russian Federation; regulation and protection
of the rights of national minorities;
d)
the establishment of a system of federal bodies of legislative, executive and
judicial authority, of the procedure of their organisation and activities;
setting up of federal state bodies;
e)
the federal state property and management thereof;
f) the establishment of foundations of federal
policy and federal programs in spheres of state, economic, ecological, social,
cultural and national development of the Russian Federation;
g)
the establishment of legal foundation of a single market; financial, monetary,
credit, customs regulation, emission of money, foundations of pricing policy,
federal economic services, including federal banks;
h)
the federal budget, federal taxes and collections, federal funds of regional
development;
i)
federal power supply systems, nuclear power engineering, fissionable materials;
federal transport, communications, information and telecommunication systems;
outer space activities;
j)
foreign policy and international relations of the Russian Federation,
international treaties of the Russian Federation; issues of war and peace;
k)
foreign economic relations of the Russian Federation;
1)
defence and security; defence production; determination of procedures of selling
and purchasing armaments, ammunition, military equipment and other military
property; production of toxic substances, drugs and their use;
m)
the .status and protection of state borders, territorial waters, air space,
economic zone and continental shelf of the Russian Federation;
n)
the judicial system; Procurator's office; criminal, criminal procedural and
criminal executive legislation; amnesty and pardon; civil, civil procedural and
arbitral procedural legislation; legal regulation of intellectual property;
o)
federal collision law;
p)
meteorological service, norms, standards, metrical system and time measurement;
geodesy and mapping, naming of geographical features and subjects, official
statistics and accounting;
q)
state decorations and honorary titles of the Russian Federation;
r)
federal state service.
Article 72
1.
Joint jurisdiction of the Russian Federation and the subjects of Russian
Federation shall cover:
a)
ensuring the conformity of constitutions and laws of Republics, statutes, laws
and other normative legal acts of Territories, Regions, Cities of federal
importance, Autonomous region, Autonomous areas to the Constitution of the
Russian Federation and federal laws;
b)
protection of the rights and freedoms of the individual and the citizen, the
rights of national minorities, ensuring legality, law and order public
security; border rivers regime;
c)
questions of ownership, use and disposal of land, minerals, water and other
natural resources;
d)
division of state property;
e) use of natural
resources; protection of environment and maintenance of ecological safety;
especially protected nature reserves; protection of monuments of history and
culture;
f)
general matters of upbringing, education, science, culture, physical culture
and sports;
g)
coordination of questions of health protection; protection of family,
maternity, paternity and childhood; social protection, including social
security;
h)
carrying out measures against disasters, natural disasters, epidemics,
elimination of consequences thereof;
i)
establishment of general principles of taxation and of collections of the
Russian Federation;
j) administrative, administrative procedural, labour, family, housing
legislation;
legislation
on land, water, forests, legislation on mineral resources, environmental
protection;
k)
personnel of judicial and law enforcement bodies; the Bar and notary system;
l)
protection of indigenous habitat and traditional mode of life of ethnic
minority communities;
m)
establishment of the general principles of organisation of the system of bodies
of state power and local self-government;
n)
coordination of international and external economic relations of members of the
Russian Federation, implementation of the international treaties of the Russian
Federation.
2.
The provisions of the present Article shall be equally extended to Republics,
Territories, Regions, Cities of federal importance, Autonomous region,
Autonomous areas.
Article 73
Outside
the jurisdiction of the Russian Federation and powers of the Russian Federation
on matters of joint jurisdiction of the Russian Federation and the subjects of
the Russian Federation, all powers of state authority shall be exercised by the
subjects of the Russian Federation.
Article 74
1.
Custom borders, duties, charges and any other barriers for free movement of
goods, services and financial means in the Russian Federation shall not be
allowed.
2.
Restrictions on movement of goods and services may be introduced in conformity
with a federal law provided it is necessary for ensuring safety, protection of
life and health of people, natural resources and cultural values.
Article 75
1.
The monetary unit in the Russian Federation shall be the rouble. Emission of
money shall be carried out exclusively by the Central Bank of the Russian
Federation. Introduction and emission of other currencies in Russia shall not
be allowed.
2.
The main function of the Central Bank of the Russian Federation, which it shall
exercise independently from other bodies of state power, shall be the defence and
the ensuring of the stability of the rouble.
3.
System of taxes which are levied into the federal budget and the general
principles of taxation and charges in the Russian Federation shall be
established by federal law.
4.
Public loans shall be issued and place exclusively on the voluntary basis, in
accordance with procedures established by federal law.
Article 76
1.
With respect to matters of jurisdiction of the Russian Federation adopted shall
be federal constitutional laws and federal laws having direct effect throughout
the territory of the Russian Federation.
2.
With respect to matters of joint jurisdiction of the Russian Federation and
subjects of the Russian Federation issued shall be federal laws and laws or
other normative legal acts of subjects of the Russian Federation, adopted in
conformity thereof.
3.
The federal laws may not contradict the federal constitutional laws.
4.
Outside the jurisdiction of the Russian Federation, joint jurisdiction of the
Russian Federation and subjects of the Russian Federation, Republics,
Territories, Regions, Cities of federal importance, Autonomous regions and
Autonomous areas shall carry out their own legal regulation including adoption
of laws and other statutory legal acts.
5.
The laws and other normative legal acts of subjects of the Russian Federation
may not contradict the federal laws adopted according to Parts 1 and 2 of the
present Article. In case of conflict between the federal law and other act
issued in the Russian Federation the federal law shall prevail.
6. In case of a
conflict between the federal law and a normative legal act of a subject of the
Russian Federation adopted according to Part 4 of the present Article, the
normative legal act of the subject of the Russian Federation shall prevail.
Article 77
1.
The system of bodes of state authority of Republics, Territories, Regions,
Cities of federal importance, the Autonomous region and Autonomous areas shall
be established by subjects of the Russian Federation independently in
conformity with the foundations of the constitutional system of the Russian
Federation and with the general principles relating to the organisation of the
system of representative and executive bodies of power established by federal
law.
2.
Within the jurisdiction of the Russian Federation and powers of the Russian
Federation on the matters of joint jurisdiction of the Russian Federation and
the subjects of the Russian Federation, federal bodies of executive authority
and bodies of executive authority of the subjects of the Russian Federation
shall form a single system of executive authority in the Russian Federation.
Article 78
1.
The federal bodies of executive authority, in order to exercise their powers,
may create their territorial structural units and appoint relevant officials.
2.
The federal bodies of executive authority upon agreement with the bodies of
executive authority of subjects of the Russian Federation may delegate to them
a part of the exercising of their powers, providing this does not contradict
the Constitution of the Russian Federation and federal laws.
3.
The bodies of executive authority of subjects of the Russian Federation upon
agreement with the federal bodies of executive authority may delegate to them a
part of the exercising of their powers.
4.
The President of the Russian Federation and the Government of the Russian
Federation shall ensure conformity with the Constitution of the Russian
Federation exercising powers of the federal state authority throughout the
territory of the Russian Federation.
Article 79
The
Russian Federation in conformity with the relevant treaties may participate in
international associations and delegate to them part of their powers, if it
does not limit the rights and freedoms of the individual and the citizen or
contradict the fundamentals of the constitutional system of the Russian
Federation.
Chapter 4
The President of the Russian
Federation
Article 80
1.
The President of the Russian Federation shall be the head of state.
2.
The President of the Russian Federation shall be a guarantor of the
Constitution of the Russian Federation and the rights and freedoms of the
individual and the citizen. According to the order established by the
Constitution he shall take measures to protect the sovereignty of the Russian
Federation, its independence and state integrity, and assure the coordinated
functioning and interaction of all bodies of state power.
3.
The President of the Russian Federation shall define the guidelines of internal
and foreign policy of the state according to the Constitution of the Russian
Federation and federal laws.
4.
The President of the Russian Federation as a head of state shall represent the
Russian Federation inside the country as well as in the international
relations.
Article 81
1.
The President of the Russian Federation shall be elected for a term of four
years by citizens of the Russian Federation on the basis of universal, equal
and direct suffrage by secret ballot.
2.
A citizen of the Russian Federation who has reached the age of 35 and has
permanently resided in the Russian Federation for not less than 10 years may be
elected President of the Russian Federation.
3.
The same person may not hold President's office for more than two consecutive
terms.
4.
The order of elections of the President of the Russian Federation shall be
established by a federal law.
Article 82
1.
Entering into office the President of the Russian Federation shall take the
following oath to the people:
"I
swear that while discharging the powers of President of the Russian Federation
I shall respect and protect the rights and freedoms of the individual and the
citizen, observe and defend the Constitution of the Russian Federation, defend
the sovereignty and independence, security and integrity of the state, and
loyally serve the people".
2.
The oath shall be taken in solemn circumstances in presence of the members of
the Council of the Federation, the deputies of the State Duma and the judges of
the Constitutional Court of the Russian Federation.
Article 83
The
President of the Russian Federation shall:
a)
appoint the Chairman of the Government of the Russian Federation with the
approval of the State Duma;
b)
have the right to chair the meetings of the Government of the Russian
Federation;
c)
take the decision concerning the resignation of the Government of the Russian
Federation;
d)
submit to the State Duma the nomination for the Chairman of the Central Bank of
the Russian Federation; shall raise before the State Duma the question
concerning the release from duty of the Chairman of the Central Bank of the
Russian Federation;
e)
appoint upon the proposal of the Chairman of the Government of the Russian
Federation, the Vice-Chairmen of the Government, federal ministers and shall
release them from duty;
f)
submit to the Council of the Federation nominations for the posts of judges of
the Constitutional Court of the Russian Federation, of the Supreme Court of the
Russian Federation, of the Higher Court of Arbitration of the Russian
Federation as well as a candidature of the General Procurator of the Russian
Federation; shall submit to the Council of the Federation the proposal
concerning the release from duty of the General Procurator of the Russian
Federation; shall appoint judges of other federal courts;
g)
form and head the Security Council of the Russian Federation, the status of
which shall be established by federal law;
h)
approve the military doctrine of the Russian Federation;
i) form the Administration of the President of
the Russian Federation;
j) appoint and release from duty plenipotentiary
representatives of the President of the Russian Federation;
k)
appoint and release from duty the High command of the Armed Forces of the
Russian Federation;
1)
appoint and recall after consultation with the relevant bodies of the chambers
of the Federal Assembly, diplomatic representatives of the Russian Federation
to the foreign states and international organisations.
Article 84
The
President of the Russian Federation shall:
a)
call the elections of the State Duma according to the Constitution of the
Russian Federation and to the federal law;
b)
dissolve the State Duma in cases and according to the procedure provided for by
the Constitution of the Russian Federation;
c)
call a referendum according to the procedure provided for by the federal constitutional
law;
d)
submit bills to the State Duma;
e)
sign and promulgate federal laws;
f)
address to the Federal Assembly annual messages concerning the situation the
country and the guidelines for the internal and foreign policy of the state.
Article 85
1.
The President of the Russian Federation may use reconciliation procedure to
settle disputes between bodies of state power of the Russian Federation and the
bodies of state power of subjects of the Russian Federation as well as between
the bodies of state power of the subjects of the Russian Federation. In case of
failure to reach an agreement he has the right to transmit the dispute to
consideration of the relevant court.
2.
The President of the Russian Federation shall have the right to suspend the
effect of acts of the executive authorities of subjects of the Russian
Federation in case of conflict of those acts with the Constitution of the
Russian Federation and federal laws, international engagements of the Russian
Federation or violation of the rights and freedoms of the individual and the
citizen until the decision on this question is taken by a relevant court.
Article 86
The
President of the Russian Federation shall:
a)
execute the guidance of the foreign policy of the Russian Federation;
b)
conduct talks and sign international treaties of the Russian Federation;
c)
sign the instruments of ratification;
d)
receive the credentials and letters of recall of diplomatic representatives
accredited to him.
Article 87
1.
The President of the Russian Federation shall be the Supreme Commander-in-Chief
of the Armed Forces of the Russian Federation.
2.
In case of aggression against the Russian Federation or of direct threat of
aggression the President of the Russian Federation shall proclaim martial law
throughout the country or in particular localities immediately reporting about
that to the Council of the Federation and the State Duma.
3.
The martial law regime shall be regulated by the federal constitutional law.
Article 88
The
President of the Russian Federation in circumstances and according to the
procedure provided for by the federal constitutional law shall proclaim the
state of emergency and immediately report about that to the Council of the
Federation and the State Duma.
Article 89
The
President of the Russian Federation shall:
a)
make decisions on matters of citizenship of the Russian Federation and grant
political asylum;
b)
award state decorations of the Russian Federation, confer honorary titles of
the Russian Federation, the highest military ranks and the highest special
titles;
c)
exercise the right of pardon.
Article 90
1.
The President of the Russian Federation shall issue decrees and orders.
2.
The decrees and orders of the President of the Russian Federation shall be
effective throughout the territory of the Russian Federation.
3.
The decrees and orders of the President of the Russian Federation must not
contradict the Constitution of the Russian Federation and the federal laws.
Article 91
The
President of the Russian Federation shall enjoy immunity.
Article 92
1.
The term of office of the President of the Russian Federation shall begin the
moment he is sworn in and shall end when his term of office expires, following
the taking of the oath by a President elected of the Russian Federation.
2.
The powers of the President of the Russian Federation shall end prematurely in
case of his resignation, persistent inability to discharge the powers vested
him as a result of a poor health condition or his removal from office.
Elections of a new President shall be held not later than two months as of the
moment of the premature ending of powers.
3.
In all instances when the President of the Russian Federation is unable for
health reasons to discharge his duties, they shall be temporarily executed by the
Chairman of the Government of the Russian Federation. The acting President of
the Russian Federation shall not have the right to dissolve the State Duma, to
hold a referendum, nor to present projects of laws concerning amendments to and
revision of the provisions of the Constitution of the Russian Federation.
Article 93
1.
The President of the Russian Federation may be removed from office by the
Council of the Federation only upon accusation of treason or other high crimes
put forward by the State Duma and confirmed by a conclusion of the Supreme
Court of the Russian Federation on the presence of indications of a crime in
the President's action, and a conclusion of the Constitutional Court as regards
the observance of the established procedure for bringing charges against the
President of the Russian Federation.
2.
The decision of the State Duma on bringing charges and the decision of the
Council of the Federation on the removal of the President from his office shall
be adopted by two thirds of the total of the votes in each chamber on the
initiative of not less than one third of the deputies of the State Duma and
provided there is a conclusion of a special commission formed by the State
Duma.
3.
The decision of the Council of the Federation on the removal of the President
from his office shall be adopted not later than 3 months after the charges
against the President were brought by the State Duma. The charges against the
President shall lapse if the decision of the Council of the Federation is not
adopted within this period.
Chapter 5
The Federal Assembly
Article 94
The
Federal Assembly - the parliament of the Russian Federation - shall be a
representative and legislative body of the Russian Federation.
Article 95
1.
The Federal Assembly shall consist of two Chambers - the Council of the
Federation and the State Duma.
2.
The Council of the Federation shall consist of two representatives from each
subject of the Russian Federation: one each from the representative and
executive bodies of state power.
3.
The State Duma shall comprise 450 deputies.
Article 96
1.
The State Duma shall be elected for a term of four years.
2.
The procedure for electing deputies to the Council of the Federation and the
State Duma shall be established by a federal law.
Article 97
1.
Any citizen of the Russian Federation, who has reached the age of 21 and has
the right to take part in the elections, may be elected a deputy of the Council
of the Federation or a deputy of the State Duma.
2.
No single person shall simultaneously be a deputy to the Council of the
Federation and the State Duma. A deputy of the State Duma cannot be a deputy of
any other representative bodies of state power and bodies of local
self-government.
3.
Deputies of the State Duma shall function on a professional permanent basis.
Deputies of the State Duma cannot hold a government post, or be engaged in paid
activity other than lecturing, research or any other creative activities.
Article 98
1.
Deputies of the Council of the Federation and of the State Duma shall enjoy
immunity for the whole term of office. Deputies must not be detained, arrested
or searched, unless they are caught in the act. They must not be subjected to
personal examination unless it is established by federal law to provide the
safety of other persons.
2.
A deputy may be deprived of his immunity upon a notification of the General
Procurator of the Russian Federation by the respective chamber of the Federal
Assembly.
Article 99
I.
The Federal Assembly shall be a permanently working body.
2.
The State Duma shall meet in its first session on the thirtieth day following
its election. The President of the Russian Federation shall have the right to
convene a session of the State Duma before that date;
3.
The first session shall be opened up by the eldest deputy.
4.
As of the moment the State Duma of a new convocation starts its work, the
powers of the State Duma of the previous convocation shall expire.
Article 100
1.
The Council of the Federation and the State Duma shall sit in session separately.
2.
The Council of the Federation and the State Duma shall hold open sessions. In
cases provided for in the regulations a chamber may meet in camera sessions.
3.
The chambers may hold joint sittings to hear messages from the President of the
Russian Federation, messages from the Constitutional Court of the Russian
Federation, speeches by leaders of foreign states.
Article 101
1.
The Council of the Federation shall elect from its own ranks the Chairman of
the Council of the Federation and Vice-Chairmen. The State Duma elects from its
own ranks the Chairman of the State Duma and Vice-Chairmen.
2.
The Chairman and Vice-Chairmen of the Council of the Federation and the
Chairman and Vice-Chairmen of the State Duma shall preside over and administer
the interchamber proceedings.
3.
The Council of the Federation and the State Duma shall set up committees and
commissions, hold within their competences parliamentary hearings.
4.
Both chambers shall approve their own rules and regulations, and decide upon
the organisation and carrying out their activities.
5.
In order to monitor the federal budget performance the Council of the
Federation and the State Duma shall set up an Accountants' Chamber, composition
and activities thereof shall be defined by the federal law.
Article 102
1.
The jurisdiction of the Council of the Federation shall cover:
a)
approval of alternation of borders between the subjects of the Russian
Federation;
b)
approval of the decree of the President of the Russian Federation imposing
martial law;
c)
approval of the decree of the President of the Russian Federation imposing a
state of emergency;
d)
decisions on using Armed Forces of the Russian Federation outside the territory
of the Russian Federation;
e)
setting the election of the President of the Russian Federation;
f) removal of the President of the Russian
Federation from office;
g)
appointment of judges of the Constitutional Court of the Russian Federation,
the Supreme Court of the Russian Federation and the Higher Arbitration Court of
the Russian Federation;
h)
appointment of the General Procurator of the Russian Federation and his
dismissal from office;
i)
appointment of the Vice-Chairman and half the auditors of the Accountants'
Chamber and their dismissal from office.
2.
The Council of the Federation shall adopt the resolutions on the matters within
its terms of reference as provided for in the Constitution of the Russian
Federation.
3.
The resolutions of the Council of the Federation shall be adopted by the
majority vote of the deputies of the Council of the Federation, unless
stipulated otherwise in the Constitution of the Russian Federation.
Article 103
1.
The jurisdiction of the State Duma shall cover:
a)
giving its consent to the President of the Russian Federation for the
appointment of the Chairman of the Government of the Russian Federation;
b)
decisions on a vote of confidence in the Government of the Russian Federation;
c)
appointment of the Chairman of the Central Bank of the Russian Federation or
his dismissal from office;
d)
appointment of the Chairman and half the auditors of the Accountants' Chamber
or their dismissal from office;
e)
appointment of the Plenipotentiary Representative on Human Rights Issues,
acting according to federal constitutional law, or his dismissal from office;
f)
declaration of amnesty;
g)
bringing charges against the President of the Russian Federation or his removal
from office.
2.
The State Duma shall take resolutions on the issues within its competence in
compliance with the Constitution of the Russian Federation.
3.
The resolution of the State Duma shall be adopted by a majority vote of the
deputies of the State Duma; unless otherwise provided for by the Constitution
of the Russian Federation.
Article 104
1.
The right to initiate new legislation shall be vested in the President of the
Russian Federation, the Council of the Federation, the deputies of the Council
of the Federation, the deputies of the State Duma, the Government of the
Russian Federation and legislative (representative) bodies of the subjects of
the Russian Federation. The right to initiate legislation shall also be vested
within their terms of reference in the Constitutional Court of the Russian
Federation, the Supreme Court of the Russian Federation and the Higher Court of
Arbitration of the Russian Federation.
2.
Bills shall be submitted to the State Duma.
3.
Bills which are intended to impose or revoke taxes, to provide exemption from
their payment, to issue state loans, to change the financial obligations of the
state, other bills envisaging expenses
covered by the federal budget, may be introduced provided a relevant decision
is taken by the Government of the Russian Federation.
Article 105
1.
Federal laws shall be adopted by the State Duma.
2.
Federal laws shall be adopted by a majority of votes of the total number of
elected deputies of the State Duma unless otherwise provided for by the
Constitution of the Russian Federation.
3.
Federal laws adopted by the State Duma shall be submitted within five days for
consideration by the Council of the Federation.
4.
A federal law shall be deemed adopted by the Council of the Federation when
passed by a majority of the total number of deputies or not examined by the
Council of the Federation within 14 days. In case the Council of the Federation
rejects a federal law, the two chambers may form a consiliation commission to
overcome differences, after which the federal law is subject to repeat
examination of the State Duma.
5.
In the event of disagreement of the State Duma with the decision of the Council
of the Federation, a federal law shall be deemed adopted if during a second
vote it is passed by no less than two thirds of the total number of deputies of
the State Duma.
Article 106
It
shall be the duty of the Council of the Federation to consider the federal laws
passed by the State Duma which deal with:
a)
federal budget;
b)
federal taxes and collections;
c)
regulation of finances, foreign currency, credits and customs as well as with
monetary emission issues;
d)
ratification and denunciation of international treaties of the Russian
Federation;
e)
status and defence of the state borders;
f)
war and peace.
Article 107
1.
After its adoption, federal law shall be submitted within five days to the
President of the Russian Federation for signature and promulgation.
2.
The President of the Russian Federation shall sign and promulgate it within
fourteen days.
3.
If the President declines the federal law within fourteen days, beginning from
the date of its submission, the State Duma and the Council of the Federation
shall once again consider the given law in a manner envisaged by the
Constitution of the Russian Federation. If on a second consideration a law is
passed in a previous wording by a majority of no less than two thirds of the
total number of deputies of each chamber, it shall be signed by the President
of the Russian Federation within 7 days and promulgated.
Article 108
1.
Federal constitutional laws shall be adopted on matters stipulated by the
Constitution of the Russian Federation.
2.
A federal constitutional law shall be deemed adopted when passed by a majority
of no less than three quarters of the total number of deputies of the Council
of the Federation and no less than two thirds of the total number of deputies
of the State Duma. After its adoption, the federal constitutional law shall be
signed by the President of the Russian Federation and promulgated within
fourteen days.
Article 109
1.
The State Duma may be dissolved by the President of the Russian Federation in
instances stipulated in Article 111 and Article 117 of the Constitution of the
Russian Federation.
2.
In the event of the dissolution of the State Duma, the President of the Russian
Federation shall set the date for election so that the newly elected State Duma
convenes no later than 4 months as of the moment of dissolution of the former.
3.
The State Duma may not be dissolved on the grounds envisaged by Article 117 of
the Constitution of the Russian Federation within a year after its election.
4.
The State Duma may not be dissolved from the date of bringing accusation
against the President of the Russian Federation until the Council of the
Federation takes appropriate decision.
5.
The State Duma may not be dissolved during a state of emergency and martial law
enforced throughout the Russian Federation as well as within six months before
the expiration of the terms of office of the President.
Chapter 6
The Government of the
Russian Federation
Article 110
1.
The executive power of the Russian Federation shall be vested in the Government
of the Russian Federation.
2.
The Government shall consist of the Chairman of the Government of the Russian
Federation, Vice-Chairmen of the Government of the Russian Federation and
federal ministers.
Article 111
1.
The Chairman of the Government of the Russian Federation shall be appointed by
the President of the Russian Federation on the approval of the State Duma.
2.
The nominations of the Chairman of the Government of the Russian Federation
shall be made no later than two weeks after the assumption of office by the
newly elected President of the Russian Federation, or after the resignation of
the Government of the Russian Federation, or within a week after a nomination
was rejected by the State Duma.
3.
The State Duma shall examine the candidacy for the chairmanship of the
Government of the Russian Federation submitted by the President of the Russian
Federation within a week of the day the candidacy proposal is submitted.
4.
In case the State Duma refuses to give its approval for the nomination of the
Chairman of the Government of the Russian Federation even at the third time,
the President of the Russian Federation may appoint a Chairman of the
Government of the Russian Federation, dissolve the State Duma and set new
elections.
Article 112
1.
The Chairman of the Government of the Russian Federation no later than a week
after his appointment shall submit to the President of the Russian Federation
proposals on the structure of the federal bodies of executive authority.
2.
The Chairman of the Government of the Russian Federation shall propose to the
President of the Russian Federation candidates for the posts of Vice-Chairmen
of the Government as well as of federal ministers.
Article 113
The
Chairman of the Government of the Russian Federation, in accordance with the
Constitution of the Russian Federation, federal laws and decrees of the
President of the Russian Federation, shall define the guidelines for the
activities of the Government of the Russian Federation and shall organise its
work.
Article 114
1.
The Government of the Russian Federation shall:
a)
work out and submit to the State Duma the federal budget and ensure its
performance; submit to the State Duma a report on the performance of the
federal budget;
b)
ensure in the Russian Federation a uniform financial, credit and monetary
policy;
c)
ensure in the Russian Federation a uniform state policy in the field of
culture, science, education, health care, social security and ecology;
d)
carry out the management of federal property;
e)
take measures to ensure national defence, state security, realisation of the
foreign policy of the Russian Federation;
f)
take measures to ensure legality, rights and freedoms of citizens, protection
of property, maintenance of public order, struggle against crime;
g)
implement other functions as entrusted to it by the Constitution of the Russian
Federation, federal laws and decrees of the President of the Russian
Federation.
2.
The order of functioning of the Government of the Russian Federation shall be
defined by a federal constitutional law.
Article 115
1.
The Government of the Russian Federation, on the basis and in pursuance of the
Constitution of the Russian Federation, the federal laws. and the decrees of
the President of the Russian Federation, shall issue decisions and orders and
verify their execution.
2.
The decisions and orders of the Government of the Russian Federation shall be
binding throughout the Russian Federation.
3.
The decisions and orders of the Government of the Russian Federation in case of
their incompatibility which the Constitution of the Russian Federation, federal
laws and decrees of the President of the Russian Federation, may be revoked by
the President of the Russian Federation.
Article 116
The
Government of the Russian Federation shall surrender its powers to a newly
elected President of the Russian Federation.
Article 117
1.
The Government of the Russian Federation may submit its resignation which the
President of the Russian Federation may either accept or refuse.
2.
The President of the Russian Federation may take the decision on the
resignation of the Government of the Russian Federation.
3.
The State Duma may give the Government of the Russian Federation a vote of no
confidence. A decision of no confidence shall be taken by a majority of votes
of the total number of deputies of the State Duma. The State Duma having given
the Government a vote of no confidence, the President of the Russian Federation
shall have the right either to declare the resignation of the Government or not
accept the decision of the State Duma. In case the State Duma within three
months has once again given the Government of the Russian Federation a vote of
no confidence, the President of the Russian Federation shall either declare the
resignation of the Government or dissolve the State Duma.
4.
The Chairman of the State Duma may request before the State Duma a vote of
confidence to the government of the Russian Federation. If the State Duma
refuses the vote of confidence, the President may take the decision on the
resignation of the Government of the Russian Federation or on the dissolution
of the State Duma and the setting of new elections.
5.
In case of its resignation, the Government of the Russian Federation shall
continue to act on the instructions of the President of the Russian Federation
until the appointment of a new Government of the Russian Federation.
Chapter
7
Justice
Article
118
1.
In the Russian Federation justice shall be administered by the courts only.
2.
Justice shall be administered by constitutional, civil, administrative and
criminal proceedings.
3.
Judicial system of the Russian Federation shall be provided for by the
Constitution of the Russian Federation and by the federal constitutional law.
Creation of emergency courts shall be inadmissible.
Article 119
The
judges shall be citizens of the Russian Federation who have attained the age of
25, have higher judicial education and no less than 5 years of service in
judicial system. The federal law may impose additional requirement to the judges
of the courts of the Russian Federation.
Article 120
1.
Judges shall be independent and be responsible only to the Constitution of the
Russian Federation and the federal law.
2.
The court having established while hearing, that the acts of state authority or
other body are incompatible with the law, shall deliver a judgement in keeping
with the law.
Article 121
1.
The judges shall be irremovable.
2.
Functions of a judge may be stopped or suspended, provided there are grounds
for it, and following the procedure for it provided by federal law.
Article 122
1.
Judges shall be inviolable.
2.
Judge may not face criminal prosecution except in cases provided for by federal
law.
Article 123
1.
Proceedings in all courts shall be open to the public. Hearings in camera
shall be only allowed in cases provided for by federal law.
2.
No hearing in absentia of criminal cases in courts shall be admissible
except the cases provided for by federal law.
3.
Legal proceedings shall be conducted on an adversary basis with all parties
involved enjoying equal rights.
4.
In cases provided for by federal law, hearings shall be conducted with the
participation of jurors.
Article 124
Courts
shall be financed only from the federal budget, thus providing complete and
independent administration of justice in conformity with the requirements of
federal law.
Article 125
1.
The Constitutional Court of the Russian Federation shall consist of 19 members.
2.
The Constitutional Court of the Russian Federation, on the request of the President
of the Russian Federation, the Council of the Federation, the State Duma, one
fifth of the deputies of a chamber of the Federal Assembly, the Government of
the Russian Federation, the Supreme Court of the Russian Federation and the
Higher Court of Arbitration of the Russian Federation, legislative and
executive bodies of the subjects of the Russian Federation, shall adjudicate in
cases concerning the compatibility with the Constitution of the Russian
Federation of:
a)
federal laws and normative acts of the President of the Russian Federation, the
Council of the Federation, the State Duma, the Government of the Russian
Federation;
b)
the constitutions of the Republics, the Statutes, laws and other regulations of
the subjects of the Russian Federation which are under the jurisdiction of the
bodies of the state power of the Russian Federation and under the joint
jurisdiction of bodies of state power of the Russian Federation and bodies of
state power of the subjects of the Russian Federation;
c)
treaties between the bodies of state power of the Russian Federation and bodies
of state power of the subjects of the Russian Federation; also treaties between
the bodies of state power of the subjects of the Russian Federation;
d)
international treaties of the Russian Federation which have not yet come into
force.
3.
The Constitutional Court of the Russian Federation shall settle disputes with
regard to competence:
a)
between federal bodies of state power;
b)
between federal bodies of state power and bodies of state power of subjects of
the Russian Federation;
c)
between supreme bodies of state power of subjects of the Russian Federation.
4.
The Constitutional Court of the Russian Federation, upon complaints about
violations of the constitutional rights and freedoms of citizens and upon
requests of the courts, shall verify the conformity with the Constitution of
any law which is applied or shall be applied in a concrete case in a way
established by federal law.
5.
The Constitutional Court of the Russian Federation, upon the requests of the
President of the Russian Federation, the Council of the Federation, the State
Duma, the Government of the Russian Federation or the legislative bodies of the
subjects of the Russian Federation, shall interpret the Constitution of the
Russian Federation.
6.
Acts and their provisions which are not in conformity with the Constitution
shall lose validity. International treaties which are not in conformity with
the Constitution of the Russian Federation shall not be implemented and applied.
7.
The Constitutional Court of the Russian Federation upon a request of the
Council of the Federation shall issue a ruling on whether the bringing of
charge against the President of treason or the commission of other grave crime
complies with established procedure.
Article 126
The
Supreme Court of the Russian Federation shall be the highest judicial body for
hearing civil, criminal, administrative and other cases, which fall within the
competence of the courts of ordinary jurisdiction, and within the limits
established by federal law shall exercise judicial supervision over their
activity and explain the matters of judicial practice.
Article 127
The
Higher Court of Arbitration of the Russian Federation shall be the highest
judicial body to settle economic disputes and other cases under the
jurisdiction of arbitration bodies, shall exercise, following the procedure
established by federal law, judicial supervision over their activity and
explain the matters of judicial practice.
Article 128
1.
Judges of the Constitutional Court of the Russian Federation, the Supreme Court
of the Russian Federation, the Higher Court of Arbitration of the Russian
Federation shall be appointed by the Council of the Federation upon their
presentation by the President of the Russian Federation.
2.
Judges of other federal courts shall be appointed by the President of the
Russian Federation following the procedure established by federal law.
3.
The powers, the procedure of formation and functions of the Constitutional
Court of the Russian Federation, the Supreme Court of the Russian Federation,
the Higher Court of Arbitration of the Russian Federation shall be established
by the federal constitutional law.
Article 129
1.
The Procurator's Office of the Russian Federation shall be a single,
centralised system in which lower-level procurators are subordinate to
higher-level procurators and to the Procurator-General of the Russian
Federation.
2.
The Procurator-General of the Russian Federation shall be appointed and
released from office by the Council of the Federation upon the presentation by
the President of the Russian Federation.
3.
The procurators of the subjects of the Russian Federation shall be appointed by
the Procurator-General of the Russian Federation by agreement with the subjects
of the Russian Federation.
4.
Other procurators shall be appointed by the Procurator-General of the Russian
Federation.
5.
The powers, the organisation and procedure of activity of the Procurator's
Office of the Russian Federation shall be defined by federal law.
Chapter 8
Local Self-Government
Article 130
1.
Local self-government in the Russian Federation shall ensure an independent
settlement by the population of matters of local importance, ownership, use and
disposal of municipal property.
2.
Local self-government shall be exercised by citizens through referendum,
elections, other forms of direct expression of will and through elected and
other organs of local government.
Article 131
1.
Local self-government shall be exercised in cities, villages and other
territorial units with regard for historical and other local traditions. The
structure of bodies of local self-government shall be determined by the
population independently.
2.
Alteration of the borders of the territorial units within which the local
self-government is exercised shall be allowed where the public opinion of the
population of respective territorial units has been taken into account.
Article 132
1.
Bodies of local self-government shall manage independently municipal property,
draw up, approve and execute local budget, impose local taxes and duties,
protect public order, and shall also settle other matters of local importance.
2.
Individual state powers can be vested in bodies of local self-government by
law, with the transfer of the material and financial resources necessary to
exercise them. The exercise of transferred powers shall be monitored by the
state.
Article 133
Local
self-government in the Russian Federation shall be guaranteed the right to
judicial protection, compensation for additional expenditures arising as result
of decisions adopted by bodies of state power, prohibition of the restriction
of the rights of local self-government established by the Constitution of the
Russian Federation and federal laws.
Chapter 9
Constitutional Amendments
and Revision of the Constitution
Article 134
Proposals
on amendments to and revision of provisions of the Constitution of the Russian
Federation may be put forward by the President of the Russian Federation, the
Council of the Federation, the State Duma, the Government of the Russian
Federation, legislative (representative) bodies of subjects of the Russian
Federation as well as by a deputies group of not less than one fifth of the
total number of deputies of one of the chambers of the Federal Assembly.
Article 135
1.
Provisions of Chapters I, 2 and 9 of the Constitution of the Russian Federation
shall be not subject to revision by the Federal Assembly.
2.
In case a proposal to change provisions of Chapters 1, 2 and 9 of the Constitution
of the Russian Federation has been supported by three fifth of votes of the
total number of deputies of the chambers of the Federal Assembly, in conformity
with federal constitutional law the Constitutional Assembly shall be convened.
3.
The Constitutional Assembly shall either confirm the immutability of the
Constitution of the Russian Federation or elaborate a draft of a new
Constitution of the Russian Federation which is adopted by the Constitutional
Assembly by a vote of two thirds of the total number of its members or is
submitted to a nation-wide vote. In case of a nation-wide vote the Constitution
of the Russian Federation shall be considered adopted when approved by a
majority of voters casting their votes, provided that more than one half of
voters have cast their votes.
Article 136
Amendments
to Chapters 3 - 8 of the Constitution of the Russian Federation shall be
adopted following the procedure envisaged for the adoption of federal
constitutional law and shall come into effect after their approval by the
bodies of legislative power of not less than two thirds of the subjects of the
Russian Federation.
Article 137
1.
Changes in Article 65 of the Constitution of the Russian Federation determining
the composition of the Russian Federation shall be introduced on the basis of
federal constitutional law on admission to the Russian Federation and formation
within it of a new member of the Russian Federation, on alteration of
constitutional and legal status of a member of the Russian Federation.
2.
In case the name of the Republic, Territory, Region, City of federal
importance, Autonomous region, Autonomous area is changed, a new name of a
member of the Russian Federation shall be included in Article 65 of the
Constitution of the Russian Federation.
SECTION TWO
Concluding and Interim
Provisions
1.
The Constitution of the Russian Federation shall come into force from the
moment of its official publication according to the results of a nation-wide
vote.
The
day of the nation-wide vote, 12 December 1993, shall be considered to be the
day of the adoption of the Constitution of the Russian Federation.
Simultaneously
the Constitution (Basic Law) of the Russian Federation - Russia adopted on 12
April 1978 with all amendments and changes shall become invalid.
In
case of non-compliance with the Constitution of the Russian Federation of
provisions of the Federative Treaty - the Treaty on the Division of Subjects of
Jurisdiction and Powers between the Federal Bodies of State Power of the
Russian Federation and the Bodies of Authority of Sovereign Republics within
the Russian Federation, the Treaty on the Division of Subjects of Jurisdiction
and Powers between the Federal Bodies of State Powers of the Russian Federation
and the Bodies of Authority of Territories, Regions, Cities of Moscow and St.
Petersburg of the Russian Federation, the Treaty on the Division of Subjects of
Jurisdiction and Powers between the Federal Bodies of State Power of the
Russian Federation and Bodies of Authority of Autonomous Region, Autonomous
Areas within the Russian Federation, as well as other treaties between federal
bodies of state authority of the Russian Federation and bodies of state
authority of subjects of the Russian Federation, treaties between bodies of
state authority of subjects of the Russian Federation - the provisions of the
Constitution of the Russian Federation shall prevail.
2.
Laws and other legal acts acting on the territory of the Russian Federation
before the present Constitution comes into force shall be used in the part
which does not contradict the Constitution of the Russian Federation.
3.
The President of the Russian Federation, elected according to the Constitution
(Basic Law) of the Russian Federation - Russia, from the moment the present
Constitution comes into force shall carry out the powers established in it
until the term of office for which he was elected expires.
4.
The Council of Ministers - the Government of the Russian Federation from the
moment when the present Constitution comes into force shall acquire the rights,
obligations and responsibilities of the Government of the Russian Federation
established by the Constitution of the Russian Federation and shall from then
be called the Government of the Russian Federation.
5.
The courts of the Russian Federation shall administer justice according to
their powers established by the given Constitution.
After
the Constitution comes into force judges of all courts of the Russian
Federation shall retain their powers until the term they were elected for expires.
Vacant positions shall be filled according to the rules established by the
given Constitution.
6.
Until the adoption and coming into force of the federal law establishing the
rules for considering cases by a court of jury the existing rules of court
examination of corresponding cases shall be preserved.
Until
criminal procedural legislation of the Russian Federation is brought in
correspondence with the provisions of the present Constitution the previous
rules for arrest, detention and keeping in custody of persons suspected of
committing a crime shall be preserved.
7.
The Council of the Federation of the first convocation and the State Duma of
the first convocation shall be elected for a period of two years.
8.
The Council of the Federation shall meet in its first session on the thirtieth
day after the elections. The first session of the Council of the Federation
shall be opened by the President of the Russian Federation.
9.
A deputy of the State Duma of the first convocation may simultaneously be a
member of the Government of the Russian Federation. Provisions of the present
Constitution on the immunity of deputies in the part which concerns actions
(inaction) connected with fulfilment of office duties shall not cover deputies
of the State Duma - members of the Government of the Russian Federation.
Deputies
of the Council of the Federation of the first convocation shall exercise their
powers on a non-permanent basis.
Unofficial translation by the
European Commission for Democracy through Law - (CDL (94) 1).