Keith Mack
Russia's path to becoming a rule-of-law nation is complex and uncertain. Since the fall of the Soviet Union, Russia has adopted a constitution that proclaims the rule of law, neutral ideological stance, political pluralism, competitive elections, and fundamental human rights. However, the country's legal culture and practice are often at odds with these ideals. The centralization of executive power under Vladimir Putin, the politicization of the judiciary, and the use of law as a tool to suppress dissent have hindered progress toward a rule-of-law state. While Russia's engagement with institutions like the Council of Europe and the European Court of Human Rights has advanced legal reform, the country continues to face challenges in establishing a robust legal culture and an independent judiciary.
| Characteristics | Values |
|---|---|
| Primary source of laws | Constitution of the Russian Federation |
| Legal sources | Statutes, like the Russian Civil Code and the Russian Criminal Code |
| Constitution | Sets out fundamentals of government, proclaims the rule of law, ideological neutrality, political pluralism, competitive elections, and separation of powers |
| Human rights | Guarantees fundamental human rights to the Russian people |
| System of government | Semi-presidential, encompassing strong executive power and increased independence for the president |
| Legislative process | President may use agencies to circumvent it; agencies' powers may be limited by statutes |
| Court decisions | Not binding on other courts, but lower courts generally follow supreme court principles |
| Custom and tradition | Recognised as a separate source of law where no dispositive language exists in statute or written law |
| International law | Takes precedence over domestic law per Article 15 of the Constitution |
| Academic influence | Individual scholars may influence law by drafting legislation or contributing to debates |
| Judicial independence | Limited due to centralised executive power and dominance of the Kremlin |
| Compliance with international law | Russia is a member of the Council of Europe and has ratified the European Convention on Human Rights |
| Criminal justice reform | Implementation of a new criminal procedure code |
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What You'll Learn
The impact of Vladimir Putin on the rule of law in Russia
When Vladimir Putin became prime minister, he was faced with rebel activity in Chechnya and a series of bombings in Russian cities. Putin launched a military campaign in Chechnya, characterising the war as a campaign against terrorism. According to Kahn, Putin used the war to justify the centralisation of executive power, and this had a detrimental effect on the development of a rule of law state. Kahn observed a "callousness toward law" as the war on terrorism took precedence.
However, others argue that Putin's administration has implemented important legal reforms and adhered to international legal obligations. Jeffrey D. Kahn, an assistant professor of law, acknowledged the existence of good laws in Russia and credited Putin for certain reforms, particularly regarding the criminal justice system. Russia's membership in the Council of Europe and its acceptance of the jurisdiction of the European Court of Human Rights have been seen as positive influences on the rule of law in Russia. The Council of Europe, in particular, has pushed for reforms to align with European norms and the European Convention on Human Rights.
On the other hand, critics argue that Putin's regime uses the law and legal institutions to pursue political goals and suppress dissent. The judiciary's dependence on the regime has made it an effective tool for threatening, jailing, or forcing political opponents into exile. The law is highly consequential in Putin's Russia, but its application tends to be arbitrary and instrumental rather than predictable and principled. This politicisation of the judiciary and the use of law as a tool of governance undermine respect for the rule of law in Russia.
Overall, while there have been some positive legal reforms during Putin's tenure, the politicisation of the judiciary and the use of law as a tool of governance have had a detrimental impact on the rule of law in Russia. The balance between these contrasting aspects of Putin's influence on the rule of law is complex, and it remains to be seen whether Russia will move towards a more robust rule of law state in the future, especially considering the constitutional framework that guides the country's legal system.
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The role of the Council of Europe
The Council of Europe (CoE) is an international organisation with the goal of upholding human rights, democracy, and the rule of law in Europe. Founded in 1949, it is the continent's oldest intergovernmental organisation, with 46 member states from Europe and a population of approximately 675 million as of 2023. The CoE is distinct from the European Union (EU), although the two are sometimes confused. The CoE has observer status at the United Nations and is regularly represented in the UN General Assembly.
The CoE's two statutory bodies are the Committee of Ministers, comprising the foreign ministers of each member state, and the Parliamentary Assembly of the Council of Europe (PACE), composed of members of the national parliaments of each member state. Other major bodies include the European Directorate for the Quality of Medicines & HealthCare (EDQM) and the European Audiovisual Observatory.
The argument for admitting Russia to the CoE in 1996 rested on the belief that membership would lead Russia to change its behaviour and align with the CoE's fundamental values. Russia did change several laws to comply with CoE requirements, at least on paper. Additionally, the protection of the European Court of Human Rights was extended to Russian citizens as a consequence of membership.
However, during its membership, Russia was suspended from voting rights on multiple occasions. In 2019, international law scholars Kanstantsin Dzehtsiarou and Donal K Coffey described Russia as showing "persistent and clear disregard of the values and aims of the CoE". Following the Russian invasion of Ukraine, the Committee of Ministers voted to expel Russia from the CoE in March 2022.
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Criminal justice reform
The 1993 Yeltsin Constitution was a pivotal moment in the Russian legal revolution, proclaiming Russia a "lawful state" and emphasising the "recognition, observance, and defence of rights of the individual and the citizen". It established a semi-presidential system, guaranteeing human rights, free elections, and a separation of powers. The Constitution also affirmed the independence of judges, who are to follow only the Constitution and federal law, and ensured funding for courts from the federal budget to secure independent dispensation of justice.
However, Russia's criminal justice system continues to face challenges. There is a perception of callousness towards the law, partly due to the characterisation of the war in Chechnya as a campaign against terrorism, which justified the centralisation of executive power. Additionally, there is a lack of a strong legal culture, and the judiciary's independence is sometimes questioned, with a history of manipulation by political authorities.
To further strengthen the rule of law, Russia should continue to focus on judicial reform, ensuring the independence of the judiciary and promoting a culture that respects the rule of law. This includes guaranteeing the rights and freedoms outlined in the Constitution, such as human rights, and ensuring that laws are applied fairly and efficiently to all citizens. Additionally, Russia's compliance with international legal obligations, such as the European Convention on Human Rights, is an important step towards establishing a robust rule-of-law framework.
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The Russian Constitution
The Constitution of the Russian Federation, or the Russian Constitution, is the country's primary legal document. It was adopted by national referendum on 12 December 1993, with 54.5% of the vote, and came into effect on 25 December 1993—the day of its official publication. The Constitution sets out the fundamentals of government, proclaiming the rule of law, ideological neutrality, political pluralism, competitive elections, and a separation of powers, while guaranteeing fundamental human rights to the Russian people.
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The role of the President of Russia
The President of Russia is the head of state and of a multi-party system, with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. The President bears ultimate authority over the Russian Armed Forces as "Supreme Commander-in-Chief", a role established by Article 87 of the Constitution. In this capacity, the President issues military directives, makes defence policy, and appoints the High Command of the Armed Forces.
The President's powers include executing federal law, appointing federal ministers and members of the judiciary, and negotiating treaties with foreign powers. The President also has the power to grant federal pardons and reprieves, and to convene and adjourn the Federal Assembly under extraordinary circumstances. The President also appoints the Prime Minister, who directs domestic policy alongside the President. The President is elected directly through a popular vote to a six-year term.
Since the fall of the monarchy in 1917, the role of the President of Russia has evolved significantly. The All-Russian Constituent Assembly, elected in the same year, planned to establish a democratic presidential or semi-presidential federal republic, proclaiming the Russian Democratic Federal Republic (RDFR) in January 1918. However, due to the dissolution of the assembly by the Bolsheviks, no one was ever elected to this office.
In 1991, Boris Yeltsin was elected president of the Russian SFSR, becoming the first non-Communist Party member to hold a major Soviet political role. He played a crucial role in the dissolution of the Soviet Union, which led to the transformation of the RSFSR into the Russian Federation. Following a series of scandals and doubts about his leadership, a new constitution was implemented in 1993, which remains in force today. This constitution establishes Russia as a semi-presidential system, separating the President from the government, which exercises executive power.
Since 2012, Vladimir Putin has been the President of Russia, previously serving from 2000 to 2008. Putin also served as Prime Minister from 1999 to 2000, 2008 to 2012, and briefly in 1999 before becoming acting President. Putin has been characterised as a dictator by some, and his leadership has been marked by military conflicts, economic growth, and international sanctions.
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Frequently asked questions
Russia is a civil law country, and while there are plenty of good laws on the books, there is not a strong legal culture. The country's primary source of law is its Constitution, which sets out the fundamentals of government, proclaims the rule of law, and guarantees human rights to its people. However, the central position of the president and the executive power they hold has hindered the growth of a rule-of-law state.
Since his rise to power in the late 1990s, Putin has pledged to develop Russia into a law-based state. While he has implemented important reforms, such as a new criminal procedure code, and adhered to international legal obligations, his actions have also centralized executive power and hindered the growth of a rule-of-law state.
The Council of Europe has been credited with doing more to advance the rule of law in Russia than any other institution or individual. By allowing Russia to join, the Council undertook a risk that has proven worthwhile, as Russia's acceptance of the European Court of Human Rights' jurisdiction has been important for the rule of law.
The prospects for Russia to become a rule-of-law state after Putin are slim. While the potential agents of change are Putin himself and his close associates, a gradual move to authoritarian constitutionalism could occur if they plan to leave politics and seek guarantees that the law will not be used to prosecute them. Alternatively, a group of major business owners could push for the rule of law to protect their assets.
