Anaya Nolan
The Russian Federation is described as a democratic, federal, rule-based republic in its constitution, which was adopted in 1993. The Constitution is the fundamental statement of laws in Russia and is considered the supreme law of the land. The legislative process involves the preparation of a bill, which is guided by rules of legislative equipment, and includes cumulative analysis, decision-making, text development, and discussion. The Federal Assembly of the Russian Federation, headed by the President, holds legislative power, while the President and the government issue legally binding by-laws. The President of Russia has the power to issue decrees, provided they do not contravene the Constitution and federal laws. The Constitution outlines the fundamentals of government, proclaiming the rule of law, ideological neutrality, political pluralism, competitive elections, and a separation of powers.
| Characteristics | Values |
|---|---|
| Primary source of laws | Constitution of the Russian Federation |
| Legal sources | Statutes, e.g. Civil Code and Criminal Code |
| Legislative power | Two houses of the Federal Assembly of the Russian Federation |
| Executive power | Government, headed by the Prime Minister |
| Head of state | President of Russia |
| Judicial power | Courts, including the Supreme Court of the Russian Federation |
| Law creation process | Preparation of a bill, analysis, decision-making, development, discussion, coordination, and submission for consideration |
| Law approval | Majority vote by deputies of the State Duma |
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What You'll Learn
The Constitution of the Russian Federation
The Constitution establishes a semi-presidential system, with a strong executive branch headed by the President of Russia, who is the Supreme Commander-in-Chief of the Armed Forces and has the power to dissolve the State Duma. The President exercises executive power, while legislative power is vested in the two houses of the Federal Assembly of the Russian Federation: the State Duma (the lower house) and the Federation Council (the upper house). The State Duma is the more significant chamber, as it is primarily responsible for passing federal laws. However, a bill may originate in either chamber or be submitted by the President, government, local legislatures, Supreme Court, Constitutional Court, or High Arbitration Court. Federal laws are passed by a majority vote in the State Duma.
The Constitution provides for a strong and independent judicial branch, with judicial immunity, lifetime appointments for judges, and the supremacy of courts to administer justice. It originally established three main courts: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Arbitration Court (which was dissolved in 2014). Judges are appointed by the Federation Council based on proposals made by the President.
The Constitution also outlines various rights and freedoms for citizens of the Russian Federation, including the right to a favourable environment, education, health protection, and freedom of religion. It guarantees the equality of all citizens, who cannot be deprived of their citizenship. The Russian Federation is established as a secular state, with no state religion.
Amendments to the Constitution can be proposed by the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, and other legislative bodies. Significant amendments were made in 2008 to increase the presidential term of office from four to six years, and in 2020 to alter presidential terms, social policies, and the role of Russian law over international laws.
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The President of the Russian Federation
The President has the power to issue legally binding by-laws and normative and non-normative decrees, as long as they do not contravene the constitution and federal laws. The President can also issue directives, grant federal pardons and reprieves, and convene and adjourn either or both houses of the Federal Assembly under extraordinary circumstances. They can also call elections to the State Duma, dissolve the State Duma in certain cases, and call a referendum.
The President of Russia is also responsible for appointing the Prime Minister, who heads the government, with the parliament's approval. The President works with the Prime Minister and the Government of the Federation to determine the basic guidelines of domestic policy.
The President enjoys certain legal protections and guarantees, such as immunity from criminal or administrative liability for acts committed during their mandate. They are also entitled to a monthly lifetime pay of 75% of the monthly remuneration of the President of Russia after their term ends.
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Federal laws and the State Duma
The State Duma is the lower house of the Federal Assembly of Russia, with the upper house being the Federation Council. It was established by the Constitution of the Russian Federation in 1993, which was approved in a nationwide referendum. The State Duma is a legislative authority that consists of 450 members elected for five years. Its main tasks include the adoption of federal constitutional and federal laws, control over the activity of the Russian Government, appointment and dismissal of heads of the Central Bank, Accounts Chamber and High Commissioner on Human Rights, declaration of amnesty, and issues of international parliamentary cooperation.
The State Duma is one of the two chambers of the Federal Assembly of the Russian Federation, with the other being the Federation Council. The Federal Assembly is a bicameral parliament, and legislative power is vested in these two houses. The State Duma is the primary body for the adoption of federal laws, which are accepted by a majority vote of the total number of deputies. These laws are then sent to the Federation Council for further debate and approval or rejection. The State Duma also has the power to bring charges against the President of the Russian Federation for impeachment, which requires a two-thirds majority vote.
The process of preparing a bill for the State Duma includes a cumulative analysis of the requirements for settlement or change in a certain sphere of public relations and the corresponding gaps in current legislation and its application. This is followed by making a decision on project preparation, developing the text, discussing and completing the project, and coordinating with all interested bodies and organisations. The text is then offered for adoption of the law to the supreme legislative body or on a referendum. The government of the Russian Federation also provides written conclusions on bills related to taxes, financial obligations, and expenses covered by the federal budget.
The State Duma plays a crucial role in the legislative process of Russia, being responsible for the adoption of federal laws that regulate important public relations and have direct effect throughout the country. It works in conjunction with the Federation Council to debate, approve, and reject bills, ensuring that the laws adopted are in line with the needs and challenges of the country.
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The legislative process
The legislative power in Russia is vested in the two houses of the Federal Assembly of the Russian Federation. The right to legislative initiative belongs to the President, the Federation Council, members of the Council of the Federation, deputies of the State Duma, the Government, and legislative bodies of the Russian Federation's subjects. The legislative process involves the preparation of a bill, which includes analysing requirements, making decisions, developing text, and coordinating with relevant bodies and organisations. The bill is then submitted for consideration to the supreme legislative body or a referendum.
Federal laws are accepted by a majority vote in the State Duma and are left to the Federation Council for approval. The President of the Russian Federation has the power to issue normative and non-normative decrees, provided they do not contravene the Constitution and federal laws. The Government of the Russian Federation can also issue directives with a "normative" character to implement the Constitution and federal laws. The judicial system in Russia is independent and governed by the Constitution and Federal Constitutional Law "On the Judicial System of the Russian Federation".
The Constitution of Russia guarantees certain rights to its citizens, including the right to a favourable environment, reliable information, education, health protection, and freedom of creative activity. It also establishes Russia as a secular state with no state religion and guarantees the independence of religious associations. The Criminal Code of Russia (UGKRF) lays out impermissible conduct, and the Civil Code serves as the "constitution" of the market economy.
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The judicial system
The Russian judicial system is established by the Constitution of the Russian Federation and Federal Constitutional Law "On the Judicial System of the Russian Federation", passed on 31 December 1996. The Constitution outlines the fundamentals of government, proclaiming the rule of law, ideological neutrality, political pluralism, competitive elections, and a separation of powers, guaranteeing fundamental human rights to the Russian people.
The judicial power is autonomous and acts independently of the legislative and executive powers. Justice is administered in the forms of constitutional, civil, commercial, administrative, and criminal proceedings. There are specialized military courts within the system of general jurisdiction courts, which consider civil and administrative cases involving military personnel, as well as crimes committed by them. Commercial courts handle justice in the sphere of entrepreneurial and other economic activities.
The Supreme Court of the Russian Federation heads the system of courts of general jurisdiction and the system of commercial courts. It is the only court that can consider cases as a court of first instance, court of appeal, court of cassation, and as a supervisory body. The Constitutional Court of the Russian Federation resolves cases regarding the constitutionality of normative legal acts of all levels. Judges of the Constitutional Court and the Supreme Court are appointed by the Federation Council of the Federal Assembly (the upper house of parliament) on the proposal of the President.
Courts of the constituent entities of the Russian Federation primarily function as an appellate instance vis-à-vis the district courts, with limited original jurisdiction. They handle criminal cases concerning the gravest crimes, such as terrorism, and cases involving state secrets. A major judicial reform in 2018 created separate general jurisdiction courts of appeal and cassation.
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Frequently asked questions
The Constitution of the Russian Federation is the primary source of laws in Russia. It was adopted in 1993 and is considered the supreme law of the land.
Legislative power in Russia is vested in the two houses of the Federal Assembly of the Russian Federation. The right of legislative initiative also belongs to the President of the Russian Federation, the Federation Council, members of the Council of Federation, deputies of the State Duma, the Government, and legislative bodies of the Russian Federation.
Statutes, like the Civil Code and Criminal Code, are the predominant legal source of Russian laws. Codes are the basis for laws on a particular matter and are usually supplemented with legislation to develop certain provisions.
The process of creating a law in Russia involves cumulative analysis, decision-making, text development, discussion, coordination with relevant bodies, and finally, submission for consideration by the supreme legislative body or a referendum.
