Anaya Nolan
In the context of Russia's legal regime, Vladimir Putin has been known to establish laws without review, such as the law that may allow him to remain in office until 2036, and another that imposes harsh penalties for false news about the Russian military. Putin's regime uses the law and legal institutions to achieve political goals and exert control, often in an arbitrary manner. While Russia's acceptance of the European Court of Human Rights is significant, the country's judiciary faces a lack of trust, and Putin's influence on the courts is a concern for those seeking democratic reform and an independent judiciary.
| Characteristics | Values |
|---|---|
| Can Putin establish any law without review? | Yes, Putin can establish laws without review. For example, he has signed a law that may keep him in office until 2036 and another that allows for long prison terms for 'false news' about the army. |
| Can Putin remain in power without establishing a new law? | Yes, Putin has made a habit of remaining in power even when he could have stepped down and anointed a successor. |
| Can Putin be prosecuted for war crimes? | Yes, Putin and other Russian officials could face an investigation by the International Court of Justice (ICJ) for war crimes committed during the invasion of Ukraine. |
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What You'll Learn
Putin's regime uses the law to fulfil political goals
In Putin's Russia, the regime uses the law and legal institutions to fulfil political goals, to communicate them to society, and to manage the authoritarian coalition that helps the president govern. As a result, the law is highly consequential and important, but its use tends to be arbitrary, expedient, and instrumental, rather than predictable and principled.
Putin's regime does not pursue legal nihilism while trying to hoodwink domestic and foreign audiences into believing that law matters. Law does matter, but it serves a different purpose than it does in a constitutionalist context. For example, in 2012, the Putin regime turned to "morality politics" and began to promote public commitment to traditional values. The Pussy Riot case provides an example of the arbitrary and selective application of the law for political goals. The punk rockers' performance in the Cathedral of Christ the Savior was construed as a crime under Article 213 of the Criminal Code, which punishes public acts of blasphemy. The prosecution and the courts acted in line with this goal and delivered convictions. Offering further evidence of the policy shift, in 2013, three of Voina's leading members fled Russia with their families, reportedly to avoid impending criminal prosecution.
Putin has also made a habit of remaining in power at every moment he could have stepped down and anointed a successor. Some believe he has not found a way to transfer power and ensure that he and his family would remain safe in his retirement. In 2021, Putin passed a law that may allow him to stay in office until 2036. The law specifically does not count terms served until it entered into force, meaning that Putin's past four terms (including the current term) do not count and he can still serve two more. The new law also gives him and former president Dmitry Medvedev lifetime immunity from prosecution.
The power to detain individuals has shifted from prosecutors to judges, as well as the power to issue warrants to search homes or seize property. Greater protections for defendants and witnesses are written into the code, as well as the right to jury trials. However, while the older generations have resisted reforms, they are increasingly being displaced by a new cadre of younger professionals.
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Putin's laws are arbitrary, not predictable
In Putin's Russia, the law is highly consequential and important, but it is often used arbitrarily and instrumentally to fulfil political goals. Putin's laws are not predictable, and the regime's use of the law is often expedient and closely tied to the goals of the authoritarian coalition that helps the president govern.
Putin has passed laws that allow him to remain in power, such as a law that does not count his previous terms, enabling him to serve two more terms. He has also passed a law granting himself and former president Dmitry Medvedev lifetime immunity from prosecution. Putin has also shown a tendency to suppress political dissent, with Russia accounting for more than 20% of the European Court of Human Rights' docket.
The regime's use of the law is often unpredictable and can be harsh towards NGOs, social movement activists, and individual protestors. For example, in response to the war in Ukraine, Putin signed a law allowing for long prison terms for distributing "false news" about the Russian military. This law has been used to target independent media outlets and has resulted in suspensions and closures of major international broadcasters reporting from inside Russia.
While some sources suggest that a democratic breakthrough could lead to constitutionalism and an independent judiciary in Russia, it is unclear if and when this will occur. The likelihood of an independent judiciary is closely linked to Putin's view of regime succession, and if he intends to remain in power or has a loyal successor, an independent judiciary is unlikely to emerge.
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Putin's laws are not reviewed by an independent judiciary
In Putin's Russia, the law is used to achieve political goals and communicate them to society. The law is highly consequential and important, but it is often applied arbitrarily and instrumentally rather than in a predictable, principled manner. Putin's regime has used criminal law to manage the membership of the authoritarian governing coalition, and the judiciary lacks de facto independence.
Another example of the Kremlin's influence on the judiciary is the passage of laws that limit anti-government demonstrations and criminalise anti-war speech. Judges who go along with the government's decisions are safe, but those who show independence are no longer welcomed into the system. This was evident in the case of Saidi Yangulbaev, who fled the country with his daughter due to threats against his family. Despite a brazen attack on a judge's family, Russian officials did not respond, and the Kremlin expressed confidence in the Chechen law enforcement.
The European Court of Human Rights (ECtHR) has provided some oversight of Russian domestic law, as Russia has ratified the European Convention on Human Rights. However, Russia left the Council of Europe in 2022 after invading Ukraine, further reducing external oversight of its legal system.
Some predict that as Russia continues to reject Western influence, it is unlikely to accept constitutional or judicial constraints to placate the West or the international community. However, there could be domestic reasons for autocrats to choose to bind themselves through a credible constitution and an independent judiciary, such as reducing the potential for intraelite conflict and political instability.
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Putin has passed laws to remain in power
In April 2021, Vladimir Putin passed a law that could allow him to remain in power for two further terms, potentially keeping him in office until 2036. This controversial bill resets Putin's term-limit clock to zero, allowing him to seek re-election in 2024 and again in 2030. This move has been criticised as a crude power grab, with Putin accused of rewriting the constitution through a referendum-like process. If he remains in power until 2036, Putin's tenure will surpass that of Joseph Stalin, making him the longest-serving Moscow leader since the Russian Empire.
Putin has been Russia's most dominant politician since assuming the presidency in 2000. He has a history of retaining power when he could have stepped aside and anointed a successor. Some analysts attribute this to his inability to find a way to transfer power and ensure his safety in retirement. The new law also grants him and former president Dmitry Medvedev lifetime immunity from prosecution.
Putin's regime has been characterised by the arbitrary and expedient use of the law to achieve political goals and maintain control over the country's authoritarian coalition. This has resulted in a turn towards authoritarianism and repressiveness, with anti-Putin critics facing imprisonment, poisoning, and unprecedented pressure on the media. Constitutional reforms have further consolidated Putin's power, with the State Council serving as a key platform for coordinating the work of various state bodies and levels.
While there is growing anti-Putin sentiment, especially among the youth, the Russian legal regime is unlikely to undergo significant evolutionary change in the near future. The politicised use of the courts against dissidents and political competitors is expected to continue, hindering the prospects for democratic reform and the establishment of an independent judiciary.
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Putin's laws violate the UN Charter
Vladimir Putin's laws and actions as President of Russia have been widely scrutinised and criticised by the international community, particularly in the context of the ongoing invasion of Ukraine. Putin's regime has been characterised as authoritarian, with the law being used to fulfil political goals and manage the coalition that helps the president govern.
Putin's invasion of Ukraine has been deemed a violation of the UN Charter and international law by the UN Secretary-General, António Guterres. Article 2(4) of the UN Charter states that all members shall "refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state". The invasion has also been called a crime of aggression under international criminal law and may be considered a violation of some countries' domestic criminal codes.
In addition to violating the territorial integrity of Ukraine, Putin's actions have also raised concerns about his commitment to the rule of law and respect for international institutions. Putin's regime has been known to use administrative and criminal law to deal more harshly with NGOs, social movement activists, and individual protestors, with fines, longer verdicts, and more blatant procedural violations.
The UN Secretary-General emphasised the importance of upholding the values of the UN Charter, the rule of law, and the principles of sovereignty, political independence, and territorial integrity of states. Putin's invasion of Ukraine and his regime's domestic actions reflect a disregard for these principles, which are fundamental to the international order and the protection of human rights.
Furthermore, Putin's recent passing of a law that may allow him to remain in office until 2036, along with granting himself and former president Dmitry Medvedev lifetime immunity from prosecution, raises further concerns about the concentration of power and the erosion of democratic principles in Russia.
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Frequently asked questions
No, Putin cannot establish a law without review. Putin's regime uses the law and legal institutions to fulfil political goals, but the law is highly consequential and important, and Putin cannot change it without review.
Yes, Putin can be prosecuted for war crimes. Russia's invasion of Ukraine violates Article 2(4) of the UN Charter, which requires UN member states to refrain from using force against the territorial integrity or political independence of any state. Putin's suggestion that Russia's use of force is justified under Article 51 of the UN Charter has no support in fact or law.
Yes, Putin has passed laws that benefit himself. In 2021, Putin passed a law that may allow him to stay in office until 2036. The law does not count his previous terms, so he can serve two more terms. The law also grants him and former president Dmitry Medvedev lifetime immunity from prosecution.
