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vol.1


USSR
The Political System of the Russian Federation and Constitution 93
By Sato Takaaki
Senior Research Fellow, Russian Department, East Asia Economic Law Office Lecturer,
Nishogakusha University

The Union of Soviet Socialist Republics
The USSR collapsed in December of 1991, with all fifteen members going their separate ways, the Russian Republic being one of them. Before the collapse, there was a federal legal system with a Constitution, Soviet criminal and civil law and so on. In addition to the federal legal system, each of the republics in the Soviet Federation, the Ukraine Republic and the Russian Republic, etc. had its own system: republican constitution, republican criminal law, etc.

These systems also collapsed along with the USSR itself, but some laws deemed beneficial to the interests of the new Russian leaders were preserved as part of the new legal system, which subsequently became an amalgamation of the laws of the USSR, the former Russian Federation and those newly enacted. The core of this new legal system is still basically a socialist one, derived from the Soviet system, a fact that does not sit well with the present regime. This means that another process of judicial reform has been put into process, but that a number of crucial reforms are yet to be implemented. There are over one hundred different ethnic groups living in Russia. Within the discussions of a new national framework, the Russian Republic has been transformed into the Russian Federation. In 1993, the Constitution 93 of the Russia Federation was enacted and remains in force today.


Constitution 93 of the Russian Federation
From the viewpoint Constitution 93, there are six principles governing the Russian Federation. They are:
  1. a federal government system;
  2. the separation of powers - administration, legislation and judicial;
  3. fundamental human rights and freedoms guaranteed to the people;
  4. freedom to engage in economic activity;
  5. protection of private property ownership rights and
  6. adherence to international law.
Let's take a look at them in detail.


(1)The Federal System
Eighty-nine political bodies comprise the Russian Federation, republics such as the Sakha Republic, provinces such as Primorsky-krai, oblasts such as Sakharin., autonomous oblasts, autonomous okrug-krai, cities of federal designation such as Moscow and St. Petersburg, etc. Article 71 and Article 73 of Constitution 93 define the jurisdiction of the Federation and other major administrative bodies. Matters such as real estate, natural resources such as water and underground resources are covered by Article 72. However matters concerning the distribution of some natural resources, such as fuel and gas, are presently the subject of political contention.


(2)Separation of Powers - Administration, Legislation and Judicial
1 The National Assembly is bicameral. :
The Federal Council (upper house) consists of two representatives from each political body of the Russian Federation, a governor and a council-chairman, 178 individuals in all. The lower house, the State Duma consists of 450 members, half of whom are elected under proportional representation system. The rest are elected under the small constituency system. The term of office is four years.

Article 104 defines the initiative. The organizations and people who have the legislative initiative are the President, the members of the National Assembly, the Federal Council, the federal government and the legislative bodies as major components of the Russian Federation. A bill proposed to the State Duma is first discussed in committee. Next, it is brought up for discussion in the State Duma and undergoes three "readings." When it has passed the State Duma by a majority vote it is sent to the Federal Council. When it is passed by the Federal Council by a majority vote or is not taken up within fourteen days, it is regarded as approved. After this approval, it is sent to the President within five days , and if it is signed within fourteen days and is promulgated, it become laws. If the President refuses to sign a bill, it is passed to the State Duma who then must approve it by a majority of two-thirds or more. It must also pass the Federal Council by a majority of two-thirds or more of to become law.

2 The President:
The President is the chief of state (Article 80) and is elected directly. The term of office is four years and he cannot serve for more than two successive terms. Candidates must be federal citizens and have lived in the Russian Federation for more than ten years and be at least thirty-five years old. The President has the following major powers:
  1. the right to appoint the Prime Minister with the approval of the State Duma,
  2. the right to decide to dissolve the Cabinet,
  3. the right to propose a candidate for President of the Central Bank to the State Duma,
  4. the right to propose candidates for judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court and the candidate for Federal Attorney General to the Federal Council,
  5. serves as Commander in Chief of the armed forces,
  6. has the right to dissolve the State Duma, and
  7. promulgate Presidential decrees and declare a state of emergency. The President has considerable power.

3 The Judiciary:
All judicial power is vested in the courts. The Russian Federation has three types of courts, Constitutional Courts, General Courts and Arbitration Courts. Nineteen judges serve on the Constitutional Court, which decides the legality of federal legislation and resolves conflicts among political bodies of the Russian Federation. The court system of is pyramidal, with the regional courts and justices of peace forming the base, then higher courts - the Supreme Courts of each of the political bodies of the Russian Federation, and then the Federal Supreme Court at the top. Courts are concerned with both civil affairs and criminal cases. Arbitration courts deal with economic matters. At the top is the Supreme Arbitration Court. The lower courts consist of ten federal circuit arbitration courts and the arbitration court for the Russian Federation.


(3)Fundamental Human Rights and Freedoms Guaranteed to the People
Article 17 concerns freedoms guaranteed to the people: equality before the law and in courts, freedom to move, freedom of thought, freedom of speech, freedom to choose and change residence, freedom of assembly, freedom of religion, and so on.


(4)Personal Property Rights and Freedoms of Economic Activity
Article 34 states that people can operate private companies in compliance with the law. Personal property rights are guaranteed and inviolable unless a court decision is made to the contrary. In cases of necessity for the national benefit, private property can be taken with fair compensation paid in advance (Article 35). Article 36 guarantees land ownership. However, the necessary land code has not been enacted to date because private agricultural land ownership issues have not yet been resolved. However, it is very important that private property rights and freedom of economic activity by private companies are guaranteed by Constitution to depart from socialism.




II System of Law
The legal system of the Russian Federation consists of the Constitution, law (constitutional law and ordinary law), government ordinances and Presidential decrees. The Criminal Code was enacted in June of 1996. Part 1 of the Civil Code was enacted in April of 1994, Part 2 in February of 1996. The tax code was enacted in July of 1998. These were evidence of change even though the rate was slow. Laws which have not yet been enacted are civil proceedings laws, new foreign investment laws, land codes, and so on.



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