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COUNTRY: Russia

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Constitution (1978)  


Below is a summary of the provisions of the Constitution of the Russian Federation. It was implemented in 1978, when the Russian Soviet Federative Socialist Republic (RSFSR) was a part of the Union of the Soviet Socialist Republics (USSR). In 1991 the Russian electorate approved a referendum to create the position of president, while a series of laws passed during 1990-91 changed the Constitution. Most notably, these laws established the sovereignty of the Russian Federation, as the RSFSR is now called, over Russian territory and replaced the Supreme Soviet of the RSFSR with the Russian Congress of People's Deputies. Also, the Soviet Communist Party was banned in the fall of 1991. These changes are not reflected in the document summarized below.  


 
Constitution (Fundamental Law) of the Russian Soviet Federative Socialist Republic  


The preamble states the accomplishments of the socialist revolution of October 1917, noting the progress of society and democratic political rights under the Soviet Communist Party. It notes that the RSFSR is a republic enjoying equal rights with other republics within the Soviet Union and reaffirms the commitment to socialist principles.  


I. PRINCIPLES OF THE SOCIAL STRUCTURE AND POLICY OF THE RSFSR  


Chapter 1: The Political System  


The state reflects the will and interests of the workers, peasants, and intelligentsia, which is exercised through the Soviets of People's Deputies. The Communist Party of the Soviet Union (CPSU) is the guiding force behind the nation and exists to serve the people. Trade unions, the All-Union Leninist Young Communist League, and worker collectives participate in public affairs, planning, and development.  


Chapter 2: The Economic System  


The means of production are state property, and therefore belong to the people. Natural resources, collective farms, and industry belong to the state. The state provides planning and centralized direction in the management of the economy. Citizens may gain the use of plots of land to grow fruits and vegetables or build a house. Individual citizens and families may also labor at making handicrafts or providing public services. Personal property exists in the form of earned income.  


Chapter 3: Social Development and Culture  


The state promotes the alliance of the workers, peasants, and intelligentsia and works for the elimination of class differences. The state seeks to improve working conditions and general living standards, and provides health care, social security, community services and amenities, and education. It organizes scientific training and research, which are directed toward the fulfillment of society's needs.  


II. THE STATE AND THE INDIVIDUAL  


Chapter 5: Citizenship of the RSFSR, Equality of Citizens' Rights  


Citizenship is defined by the Law on Citizenship of the USSR. All citizens, regardless of sex, race, nationality, education, language, religion, occupation, or social status, have equal rights. Citizens of other countries are guaranteed rights and freedoms provided by law. Persons persecuted in foreign countries for defending the interests of working people or peace have the right of asylum.  


Chapter 6: The Basic Rights, Freedoms, and Duties of Citizens of the RSFSR  


Citizens have the right to work, to rest and leisure, health protection, security in case of old age or disability, housing, education, and the enjoyment of cultural benefits. There is freedom of speech, a free press, free assembly, freedom of conscience, and separation of church and state. The person, family, privacy, and homes of the citizens are inviolable. Citizens are obligated to protect socialist property, safeguard the interests of the state, respect the dignity of other citizens, train their children in socially useful work, preserve cultural values, and promote friendship and cooperation with other lands.  


III. THE NATIONAL-STATE AND ADMINISTRATIVE-TERRITORIAL STRUCTURE OF THE RSFSR  


Chapters 7 through 9 describe the structure of the state. The RSFSR is a sovereign state within the Soviet Union with equal status with other republics and the right to secede. It takes part in decisions of Soviet government institutions where the Soviet Union has jurisdiction.  


There are also autonomous republics existing within the RSFSR that may have their own constitution, though this must conform to the constitutions of the Soviet Union and the RSFSR. Other constituent areas of the RSFSR are the autonomous regions and the autonomous areas, whose laws are adopted by the Supreme Soviet of the RSFSR.  


IV. SOVIETS OF PEOPLE'S DEPUTIES OF THE RSFSR AND ELECTORAL PROCEDURE  


Chapter 10: The System of Soviets of People's Deputies and the Principles of Their Work  


The Soviets of People's Deputies of the RSFSR include the Supreme Soviet of the RSFSR, the Supreme Soviets of autonomous republics, and the Soviets of People's Deputies of all other levels of goverment down to the city-district, village, and settlement levels. The Supreme Soviet of the RSFSR and the Supreme Soviets of the autonomous republics serve five-year terms, while the other Soviets of People's Deputies serve two and one half years. The Soviets of People's Deputies establish people's control bodies to help control enterprise, collective farms, institutions, and other people's organizations. They also direct social, economic, and cultural development.  


Chapter 11: The Electoral System  


Deputies are elected through universal suffrage in direct, equal, and secret elections by constituency.  


Chapter 12: People's Deputies  


Deputies are representatives of the people and "deal with matters relating to state, economic, and social and cultural development, organize implementation of the decisions of the Soviets, and exercise control over the work of state bodies, enterprises, institutions, and organizations."  


V. HIGHER BODIES OF STATE AUTHORITY AND ADMINISTRATION OF THE RSFSR  


Chapter 13: The Supreme Soviet of the RSFSR  


The Supreme Soviet of the RSFSR is the highest body of Russia and may deal with all matters in RSFSR jurisdiction. It consists of 975 representatives, including a chairperson and vice chairperson elected by its members. Regular sessions are held twice a year, while extraordinary sessions may be called by the Presidium of the Supreme Soviet of the RSFSR or by a proposal of at least one-third of the members of the Supreme Soviet. Deputies, the Presidium, the Council of Ministers, autonomous republics, standing commissions, the Russian Supreme Court, and the Procurator General all have the right to introduce legislation. Bills are debated and adopted by a majority of all deputies. The deputies elect the Presidium, which serves as the standing body of the Supreme Soviet, exercising the functions of the latter when it is not in session. The Presidium consists of a chairperson, 17 vice chairpersons, a secretary, and 20 members. Its duties include setting election dates, convening the Supreme Soviet, coordinating the work of standing commissions, interpreting the laws of the RSFSR, making decisions regarding the state's admnistrative structure and administrative boundaries, and revoking decisions of bodies of autonomous republics or lower administrative bodies that do not conform to the Constitution. Between sessions of the Supreme Soviet it may amend legislation, form and abolish ministries, and dismiss members of the Council of Ministers. The Supreme Soviet also elects standing commissions to deal with various matters and supervises the work of lower state bodies.  


Chapter 14: The Council of Ministers of the RSFSR  


The Council of Ministers is the highest executive and administrative authority of the RSFSR. It is formed by and accountable to the Supreme Soviet and consists of a chairperson, a first vice chairperson, other vice chairpersons, ministers, and chairpersons of state committees. Its Presidium, which serves as the standing body of the council, consists of the chairperson, the vice chairpersons, and other members of the government. The council drafts and implements measures and long-term plans for the economic, cultural, and social development of Russia. It defends state security within the limits of the Soviet Constitution, directs relations with other Soviet republics, and oversees the activities of the executive bodies of the autonomous republics and lower administrative divisions.  


VI. HIGHER BODIES OF STATE AUTHORITY AND ADMINISTRATION OF AN AUTONOMOUS REPUBLIC  


Chapters 15 and 16 describe the activities of the Supreme Soviets and Councils of Ministers of autonomous republics.  


VII. LOCAL BODIES OF STATE AUTHORITY AND ADMINISTRATION OF THE RSFSR  


Chapters 17 and 18 describe the workings of the local Soviets of People's Deputies and their executive committees.  


VIII. THE STATE PLAN FOR THE ECONOMIC AND SOCIAL DEVELOPMENT OF THE RSFSR. THE BUDGET OF THE RSFSR  


In chapters 19 and 20, the state plan for economic and social development and the RSFSR budget are described as constituent parts of the plans and budget of the Soviet Union.  


IX. JUSTICE, ARBITRATION, AND PROCURATOR'S SUPERVISION  


Chapter 21: Courts and Arbitration  


The courts in the RSFSR are the Supreme Court of the RSFSR; the supreme courts of the autonomous republics; territorial, regional, and city courts; courts of autonomous regions and areas; and district people's courts. Judges and assessors are elected by the citizens, while all other judges are elected for five-year terms by the corresponding Soviet of People's Deputies. The Supreme Court, which consists of a chairperson, vice chairpersons, members, and people's assessors, is the highest court and is responsible for the administration of the judicial system.  


Chapter 22: The Procurator's Office  


The Procurator's Office, headed by the procurator general, has responsibility to ensure that state administrative bodies, enterprises, institutions, collectives, public officials, and citizens adhere to the law.  


Sections X and XI deal with the emblem, flag, anthem, and capital of the RSFSR and with the legal force of the Constitution and its amendment.  


[Source: Constitutions of the Countries of the World; Encyclopedia of Russian History]

Constitution (1993)  


The Constitution of the Russian Federation was approved by referendum on Dec 12, 1993.  


CONSTITUTION OF THE RUSSIAN FEDERATION  


The document's preamble mentions Russians' assertion of " human rights and liberties, civil peace and accord," and "reviving the sovereign statehood of Russia and asserting its immutable democratic foundations." Citizens seek the "wellbeing and prosperity" of the state and consider themselves "part of the world community."  


Chapter 1. Fundamentals of the Constitutional System.  


Articles 1-16. Russia is a democratic, federal, rule-of-law state with a republican form of government. It is the state's duty to recognize and respect the rights and liberties of the people. Power rests with the multinational people of the Russian Federation. The Constitution and federal laws have supremacy throughout the entire territory of the federation, which consists of republics, territories, regions, federal cities, an autonomous region, and autonomous areas. Citizens may not be stripped of citizenship or of the right to change it. The state aims to ensure the dignity and free development of the people. The state protects the work and health of its people through a minimum wage and state support for family, motherhood, fatherhood, childhood, the disabled, and the elderly. Support for competition and freedom of economic activity is guaranteed. Private, state, municipal, and other forms of ownership are recognized and protected. State power is based on the separation of the legislative, executive, and judiciary branches. Power is exercised by the president, the Federal Assembly, the government, and courts. Local self-government is guaranteed. Ideological and political plurality are recognized and protected. The state is secular and all religious associations are equal before the law. Russia recognizes the principles and norms of international law.  


Chapter 2. Rights and Liberties of Man and Citizen.  


Articles 17-64. All people are equal before the law. The state guarantees the equality of rights regardless of sex, race, nationality, language, origin, status, residence, religion, or convictions. Everyone has the right to life. Capital punishment may be instituted by the state for grave crimes against life and these defendants have the right to a trial by jury. No person may be detained for longer than 48 hours except by court order. The right to privacy, privacy of correspondence, telephone communications, mail, cables, and other communications is guaranteed. The home is inviolable. Freedom of movement is protected. Everyone has the right to leave the boundaries of the Russian Federation and to return freely. Freedom of thought and speech are also rights. Propaganda or inciting social, racial, religious, or national strife are forbidden. Freedom of the mass media and of association are guaranteed; censorship is prohibited. Entrepreneurial activity and the right of private property are protected. People are free to choose their occupation or type of activity. Everyone has the right to health care and education. Everyone shall pay taxes and fees. Defense of the homeland is the duty of everyone.  


Chapter 3. Russian Federation.  


Articles 65-79. The Russian Federation consists of the subjects of numerous republics, territories, regions, federal cities, and Jewish autonomous regions. The state language is Russian. The monetary unit is the ruble.  


Chapter 4. President of the Russian Federation.  


Articles 80-93. Popularly elected to a four-year term, the president is the head of state and defines the basic domestic and foreign policy guidelines of the state. The president must be at least 35 years old. The president's responsibilities include appointing or introducing as candidates various high state chairpersons and high court judges, forming a presidential staff, calling elections, dissolving the State Duma, calling a referendum, introducing draft laws, supervising foreign policy, granting pardons, and issuing decrees and executive orders. The president possesses immunity from legal prosecution, but may be impeached by the Federation Council with the confirmation of the Supreme Court and Constitutional Court.  


Chapter 5. Federal Assembly.  


Articles 94-109. The Federal Assembly comprises the State Duma and the Federation Council. The 450-seat Duma is elected to a term of four years. The Federation Council approves decrees, changes in borders, impeachment, and various appointments to high offices. The State Duma makes decisions of confidence in the government, makes appointments, introduces draft laws, passes federal laws, and considers and approves the federal budget.  


Chapter 6. The Government of the Russian Federation.  


Articles 110-117. The government comprises the chairperson of the government (premier), deputy chairpersons, and federal ministers. The premier is appointed by the president with the approval of the State Duma. The government develops and submits the federal budget, implements monetary policy, manages federal property, and adopts measures to ensure the country's safety and defense.  


Chapter 7. The Judiciary  


Articles 118-129. Judiciary power is divided among constitutional, civil, administrative, and criminal courts. All trials are normally open and are conducted on an adversarial and equal basis. The Constitutional Court consists of 19 judges. The court resolves disputes among federal state bodies and among various supreme organs of state. It interprets the Constitution. The Supreme Court is the highest authority on civil, criminal, and administrative matters. The Supreme Arbitration Court resolves economic disputes. The Prosecutor's Office supervises the enforcement of state laws and oversees all lower prosecutors.  


Chapter 8. Local Self-Government.  


Articles 130-133. Local rule is exercised in the cities, rural areas, and other localities. The bodies of local self-government independently manage municipal property and form and approve the local budget, taxes, and levies to ensure local law and order.  


Chapter 9. Constitutional Amendments and Revisions.  


Articles 134-137. Proposals to amend or revise constitutional provisions may be made by the president, the Federation Council, the State Duma, and the government.  


[Source: Constitutions of the Countries of the World]

Yeltsin's Speech following Hard-line Revolt  


The following are excerpts of Russian President Boris Yeltsin's speech to the nation on Oct 4, 1993 in response to a revolt by hard-line political leaders.  


"Dear compatriots:  


I am turning to you at this difficult moment.  


Shots are thundering in Russia's capital and blood has been spilled.  


Fighters who have been brought from the whole country and have been incited by the White House leaders are sowing death and destruction.  


I know that it was a sleepless night for many of you. I know that you have understood everything.  


This troubled and tragic night has taught us a lot. We did not prepare for a war. We hoped that we could reach an agreement and preserve peace in the capital.  


Those who moved against the peaceful city and unleashed the bloody massacre are criminals. But it was not just a crime committed by individual bandits and vandals. Everything that happened and is happening in Moscow it was an armed revolt planned in advance. It was organized by communists seeking revenge, by fascist leaders and some of the former [Parliament] deputies representatives of the Soviets. . . .  


Those waving red flags have once again covered Russia with blood.  


They hoped to use surprise to sow fear and confusion with their impudence and unprecedented ruthlessness.  


They hoped that the military would stay away calmly and watch defenseless Muscovites be persecuted and a bloody dictatorship be established in our country. . . .  


For them and for those who gave them orders, there can be no forgiveness, because they lifted their hand against peaceful people, against Moscow, against Russia, against women, children, and old people.  


The armed revolt is doomed. Troops are entering Moscow to restore order, peace, and quiet. . . .  


I am asking you, dear Muscovites, to give your moral support to boost the spirits of the Russian soldiers and officers. They belong to our national army and police. They have one task today: To defend our children, to defend our mothers and fathers, to stop and neutralize the rioters and murderers. Moscow and Russia are awaiting your courage and decisive action.  


The public organizations that took part in mass disorders and other unlawful actions are banned on the entire territory of Russia. . . .  


I appeal to all political forces in Russia. For the sake of those whose lives have already ended, for the sake of those whose innocent blood has already been spilled, I appeal to you to forget your internal disputes that seemed important yesterday."

LOAD-DATE: February 18, 1998
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