|
R{ Adopted by
referendum on: 12 Dec 1993 }
{ ICL Document Status: 12 Dec 1993 }
{ Long Title: Constitution of the Russian Federation }
{ Editor's Note:
Minor textual changes to Article 65 have been added by order of the President
of 9 Jan 1996. }
[Preamble]
We, the multinational people of the Russian Federation, united by a
common destiny on our land,
asserting human rights and liberties, civil peace and accord,
preserving the historic unity of the state,
proceeding from the commonly recognized principles of equality and
self-determination of the peoples,
honoring the memory of our ancestors, who have passed on to us love of and
respect for our homeland and faith in good and justice,
reviving the sovereign statehood of Russia and asserting its immutable
democratic foundations,
striving to secure the well-being and prosperity of Russia and proceeding
from a sense of responsibility for our homeland before the present and future
generations, and
being aware of ourselves as part of the world community,
hereby approve the Constitution of the Russian Federation.
[Part
I] First Part
Chapter
1 Fundamentals of the Constitutional System
Article
1 [Russian
Federation]
The Russian Federation -- Russia is a democratic federal
rule-of-law state with the republican form of government. The names "Russian Federation" and "Russia" are equivalent.
Article
2 [Protection of Human Rights]
Humans, their rights and freedoms are the supreme value. It is a duty of the
state to recognize, respect and protect the rights and liberties of humans
and citizens.
Article
3 [The Multinational People]
(1) The multinational people of the Russian Federation is the vehicle of sovereignty and
the only source of power in the Russian Federation.
(2) The people of the Russian Federation exercise their power directly,
and also through organs of state power and local self-government.
(3) The referendum and free elections are the supreme direct
manifestation of the power of the people.
(4) No one may arrogate to oneself power in the Russian Federation. Seizure of power or
appropriation of power authorization are prosecuted under federal law.
Article
4 [Sovereignty]
(1) The sovereignty of the Russian Federation applies to its entire territory.
(2) The Constitution of the Russian Federation and federal laws have supremacy
throughout the entire territory of the Russian Federation.
(3) The Russian Federation ensures the integrity and
inviolability of its territory.
Article
5 [Federal Structure]
(1) The Russian Federation consists of republics, territories,
regions, federal cities, an autonomous region and autonomous areas, which are
equal subjects of the Russian Federation.
(2) The republic (state) has its own constitution and legislation. A
territory, region, federal city, autonomous region and autonomous area has
its own charter and legislation
(3) The federated structure of the Russian Federation are based on its state
integrity, the uniform system of state power, delimitation of scopes of
authority and powers between the bodies of state power of the Russian
Federation and the bodies of state power of the subjects of the Russian
Federation, equality and self-determination of the peoples in the Russian
Federation.
(4) All the subjects of the Russian Federation are equal among themselves in
relations with the Federal bodies of state power.
Article
6 [Citizenship]
(1) Citizenship of the Russian Federation are acquired and terminated in
accordance with the Federal law, and are one and equal irrespective of the
grounds on which it has been acquired.
(2) Every citizen of the Russian Federation has all the rights and liberties
on its territory and bear equal duties, stipulated by the Constitution.
(3) A citizen of the Russian Federation may not be stripped of
citizenship or of the right to change it.
Article
7 [State Principles]
(1) The Russian Federation is a social state, whose policies
are aimed at creating conditions which ensure a dignified life and free
development of man.
(2) The Russian Federation protects the work and health of its people,
establish a guaranteed minimum wage, provide state support for family,
motherhood, fatherhood and childhood, and also for the disabled and for
elderly citizens, develop a system of social services and establish
government pensions, benefits and other social security guarantees.
Article
8 [Economic Guarantees]
(1) Unity of economic space, free movement of goods, services and financial
resources, support for competition and freedom of any economic activity is
guaranteed in the Russian Federation.
(2) Private, state, municipal and other forms of ownership are recognized and
enjoy equal protection in the Russian Federation.
Article
9 [Natural Resources]
(1) The land and other natural resources are used and protected in the
Russian Federation as the basis of the life and activity of the peoples
living on their respective territories.
(2) The land and other natural resources may be in private, state municipal
and other forms of ownership.
Article
10 [Separations of Powers]
State power in the Russian Federation is exercised on the basis of the
separation of the legislative, executive and judiciary branches. The bodies
of legislative, executive and judiciary powers are independent.
Article
11 [State Powers]
(1) State power in the Russian Federation is exercised by the President of
the Russian Federation, the Federal Assembly (Council of the Federation and
House of Representatives [State Duma]), the government of the Russian
Federation and courts of the Russian Federation.
(2) State power in the subjects of the Russian Federation is exercised by the organs of
state authority formed by them.
(3) The scopes of authority and powers of the bodies of state authority of
the Russian Federation and the bodies of state authority
of the subjects of the Russian Federation are delimited under this
Constitution, Federal and other Treaties on the delimitation of scopes of
authority and powers.
Article
12 [Local Self-Government]
Local self-government is recognized and guaranteed in the Russian Federation. Local self-government operates
independently within the bounds of its authority. The bodies of local
self-government are not part of the state power bodies.
Article
13 [Political Plurality]
(1) Ideological plurality is recognized in the Russian Federation.
(2) No ideology may be instituted as a state-sponsored or mandatory ideology.
(3) Political plurality and the multi-party system are recognized in the Russian Federation.
(4) Public associations are equal before the law.
(5) The establishment and the activities of public associations, whose aims
and actions are directed at forcible alteration of the fundamentals of
constitutional governance and violation of the integrity of the Russian
Federation and undermining of the security of the state, the forming of armed
units, the incitement of social, racial, national and religious strife are
prohibited.
Article
14 [Secularity of the State]
(1) The Russian Federation is a secular state. No religion
may be instituted as state-sponsored or mandatory religion.
(2) Religious associations are separated from the state, and are equal before
the law.
Article
15 [Supreme Law]
(1) The Constitution has supreme legal force and direct effect, and is
applicable throughout the entire territory of the Russian Federation. Laws and other legal acts
adopted by the Russian Federation may not contravene the
Constitution.
(2) Organs of state power and local self-government, officials, citizens and
their associations must comply with the laws and the Constitution.
(3) The laws are officially published. Unpublished laws are not applicable.
No regulatory legal act affecting the rights, liberties or duties of the
human being and citizen may apply unless it has been published officially for
general knowledge.
(4) The commonly recognized principles and norms of the international law and
the international treaties of the Russian Federation are a component part of its legal
system. If an international treaty of the Russian Federation stipulates other rules than those
stipulated by the law, the rules of the international treaty apply.
Article
16 [Constitutional System]
(1) The provisions of the present Chapter of the Constitution are the
foundations of the constitutional system of the Russian Federation and may
not be changed except as provided for in this Constitution.
(2) No other provisions of this Constitution may contravene the foundations
of the constitutional system of the Russian Federation.
Chapter
2 Rights and Liberties of Man and Citizen
Article
17 [Basic Rights and Liberties]
(1) The basic rights and liberties in conformity with the commonly
recognized principles and norms of the international law are recognized and
guaranteed in the Russian Federation and under this Constitution.
(2) The basic rights and liberties of the human being are inalienable and
belong to everyone from birth.
(3) The exercise of rights and liberties of a human being and citizen may not
violate the rights and liberties of other persons.
Article
18 [Direct Effect]
The rights and liberties of man and citizen have direct effect. They
determine the meaning, content and application of the laws, and the
activities of the legislative and executive branches
and local self-government, and are secured by the judiciary.
Article
19 [Equality]
(1) All people are equal before the law and in the court of law.
(2) The state guarantees the equality of rights and liberties regardless of
sex, race, nationality, language, origin, property or employment status,
residence, attitude to religion, convictions, membership of public
associations or any other circumstance. Any restrictions of the rights of
citizens on social, racial, national, linguistic or religious grounds are
forbidden.
(3) Man and woman have equal rights and liberties and equal opportunities for
their pursuit.
Article
20 [Life, Capital Punishment]
(1) Everyone has the right to life.
(2) Capital punishment may, until its abolition, be instituted by the federal
law as exceptional punishment for especially grave crimes against life, with
the accused having the right to have his case considered in a law court by
jury.
Article
21 [Human Dignity]
(1) The dignity of the person is protected by the state. No
circumstance may be used as a pretext for belittling it.
(2) No one may be subjected to torture, violence or any other harsh or
humiliating treatment or punishment. No one may be subjected to medical,
scientific or other experiments without his or her free consent.
Article
22 [Personal Freedom]
(1) Everyone has the right to freedom and personal inviolability.
(2) Arrest, detention and keeping in custody are allowed only by an order of
a court of law. No person may be detained for more than 48 hours without an
order of a court of law.
Article
23 [Privacy]
(1) Everyone has the right to privacy, to personal and family secrets, and to
protection of one's honor and good name.
(2) Everyone has the right to privacy of correspondence, telephone
communications, mail, cables and other communications. Any restriction of
this right is allowed only under an order of a court of law.
Article
24 [Data Protection]
(1) It is forbidden to gather, store, use and disseminate information on the
private life of any person without his/her consent.
(2) The bodies of state authority and the bodies of local self-government and
the officials thereof provide to each citizen access to any documents and
materials directly affecting his/her rights and liberties unless otherwise
stipulated under the law.
Article
25 [Home]
The home is inviolable. No one has the right to enter the home against the
will of persons residing in it except in cases stipulated by the federal law
or under an order of a court of law.
Article
26 [National Identity, Native Language]
(1) Everyone has the right to determine and state his national identity. No
one can be forced to determine and state his national identity.
(2) Everyone has the right to use his native language, freely choose the
language of communication, education, training and creative work.
Article
27 [Residence]
(1) Everyone who is lawfully staying on the territory of the
Russian Federation has the right to freedom of
movement and to choose the place to stay and reside.
(2) Everyone is free to leave the boundaries of the Russian Federation. The citizens of the Russian Federation have the right to freely return
into the Russian Federation.
Article
28 [Belief, Religion]
Everyone is guaranteed the right to freedom of conscience, to freedom of
religious worship, including the right to profess, individually or jointly
with others, any religion, or to profess no religion, to freely choose,
possess and disseminate religious or other beliefs, and to act in
conformity with them.
Article
29 [Expression]
(1) Everyone has the right to freedom of thought and speech.
(2) Propaganda or campaigning inciting social, racial, national or religious
hatred and strife is impermissible. The propaganda of social, racial,
national, religious or language superiority is forbidden.
(3) No one may be coerced into expressing one's views and convictions or into
renouncing them.
(4) Everyone has the right to seek, get, transfer, produce and disseminate
information by any lawful means. The list of information constituting the
state secret is established by the federal law. 5. The freedom of the mass
media is guaranteed. Censorship is prohibited.
Article
30 [Association]
(1) Everyone has the right to association, including the right to create
trade unions in order to protect one's interests. The freedom of public
associations activities is guaranteed.
(2) No one may be coerced into joining any association or into membership
thereof.
Article
31 [Assembly, Demonstration]
Citizens of the Russian Federation have the right to gather peacefully,
without weapons, and to hold meetings, rallies, demonstrations, marches and
pickets.
Article
32 [Participation]
(1) Citizens of the Russian Federation have the right to participate in
the administration of the affairs of the state both directly and through
their representatives.
(2) Citizens of the Russian Federation have the right to elect and to be
elected to bodies of state governance and to organs of local self-government,
as well as take part in a referendum.
(3) Citizens who have been found by a court of law to be under special
disability, and also citizens placed in detention under a court verdict, do
not have the right to elect or to be elected.
(4) Citizens of the Russian Federation have equal access to state
service.
(5) Citizens of the Russian Federation have the right to participate in
administering justice.
Article
33 [Petitions]
Citizens of the Russian Federation have the right to turn personally
to, and send individual and collective petitions to state bodies and bodies
of local self-government.
Article
34 [Property Rights]
(1) Everyone has the right to freely use his or her abilities and property
for entrepreneurial or any other economic activity not prohibited by the law.
(2) No economic activity aimed at monopolization or unfair competition are
allowed.
Article
35 [Private Property]
(1) The right of private property is protected by law.
(2) Everyone has the right to have property in his or her ownership, to
possess, use and manage it either individually or
jointly with other persons.
(3) No one may be arbitrarily deprived of his or her property unless on the basis
of decision by a court of law. Property can be forcibly alienated for state
needs only on condition of a preliminary and equal compensation.
(4) The right of inheritance is guaranteed.
Article
36 [Land Ownership]
(1) Citizens and their associations have the right to have land in their
private ownership.
(2) The possession, use and management of the land and other natural
resources are freely exercised by their owners provided this does not cause
damage to the environment or infringe upon the rights and interests of other
persons.
(3) The terms and procedures for the use of land are determined on the basis
of federal laws.
Article
37 [Work]
(1) Work is free. Everyone has the right to make free use of his or her
abilities for work and to choose a type of activity and occupation.
(2) Forced labor is prohibited.
(3) Everyone has the right to work under conditions meeting the requirements
of safety and hygiene, to remuneration for work without any discrimination
whatsoever and not below the statutory minimum wage, and also the right to
security against unemployment.
(4) The right to individual and collective labor disputes with the use of
means of resolution thereof established by federal law, including the right
to strike, is recognized.
(5) Everyone has the right to rest and leisure. A person having a work
contract is guaranteed the statutory duration of the work time, days off and
holidays, and paid annual vacation.
Article
38 [Children, Family]
(1) Motherhood and childhood, and the family are under state protection.
(2) Care for children and their upbringing are the equal right and duty of
the parents.
(3) Employable children who have reached 18 years of age must take care of
their non-employable parents.
Article
39 [Social Security]
(1) Everyone is guaranteed social security in old age, in case of disease,
invalidity, loss of breadwinner,to bring up children and in other cases
established by law.
(2) State pensions and social benefits are established by laws.
(3) Voluntary social insurance, development of additional forms of social
security and charity are encouraged.
Article
40 [Housing]
(1) Everyone has the right to a home. No one may be arbitrarily deprived of a
home.
(2) State bodies and organs of local self-government encourage home
construction and create conditions for the realization of the right to a
home.
(3) Low-income citizens and other citizens, defined by the law, who are in
need of housing are housed free of charge or for affordable pay from
government, municipal and other housing funds in conformity with the norms
stipulated by the law.
Article
41 [Health Care]
(1) Everyone has the right to health care and medical assistance. Medical
assistance is made available by state and municipal health care institutions
to citizens free of charge, with the money from the relevant budget,
insurance payments another revenues.
(2) The Russian Federation finances federal health care and health-building
programs, take measures to develop state, municipal and private health care
systems, encourage activities
contributing to the strengthening of the man's health, to the development of
physical culture and sport, and to ecological, sanitary and epidemiologic
welfare.
(3) Concealment by officials of facts and circumstances posing hazards to
human life and health result in their liability in conformance with federal
law.
Article
42 [Environment]
Everyone has the right to a favorable environment, reliable information about
its condition and to compensation for the damage caused to his or her health
or property by ecological violations.
Article
43 [Education]
(1) Everyone has the right to education.
(2) The accessibility and gratuity of pre-school, general secondary and
vocational secondary education in public and municipal educational
institutions and enterprises are guaranteed.
(3) Everyone has the right to receive, free of charge and on a competitive
basis, higher education in a state or municipal educational institution or
enterprise.
(4) Basic general education is mandatory. Parents or persons substituting for
them must provide for their children to receive basic general education.
(5) The Russian Federation institutes federal state educational standards and
support various forms of education and self-education.
Article
44 [Arts, Sciences, Culture]
(1) Everyone is guaranteed freedom of literary, artistic, scientific,
intellectual and other types of creative activity and tuition. Intellectual
property is protected by the law.
(2) Everyone has the right to participation in cultural life, to the use of
institutions of culture, and access to cultural values.
(3) Everyone has the responsibility to care for the preservation of the
historic and cultural heritage and safeguard landmarks of history and
culture.
Article
45 [State Protection]
(1) State protection for human rights and liberties in the Russian Federation
is guaranteed.
(2) Everyone has the right to defend his or her rights and liberties by any
means not prohibited by the law.
Article
46 [Legal Protection]
(1) Everyone is guaranteed protection of his or her rights and liberties in a
court of law.
(2) The decisions and actions (or inaction) of state organs, organs of local
self-government, public associations and officials may be appealed against in
a court of law.
(3) In conformity with the international treaties of the Russian Federation,
everyone has the right to turn to interstate organs concerned with the
protection of human rights and liberties when all the means of legal
protection available within the state have been exhausted.
Article
47 [Access to the Courts]
(1) No one may be denied the right to having his or her case reviewed by the
court and the judge under whose jurisdiction the given case falls under the
law.
(2) Anyone charged with a crime has the right to have his or her case reviewed
by a court of law with the participation of jurors in cases stipulated by the
federal law.
Article
48 [Counsel]
(1) Everyone is guaranteed the right to qualified legal counsel. Legal
counsel is provided free of charge in cases stipulated by the law.
(2) Every person who has been detained, taken into custody or
charged with a crime has the right to legal counsel (defense attorney) from
the moment of, respectively, detention or indictment.
Article
49 [Innocence]
(1) Everyone charged with a crime is considered not guilty until his or her
guilt has been proven in conformity with the procedures stipulated by the
federal law and established by the verdict of a court of law.
(2) The defendant ist not obliged to prove his or her innocence.
(3) The benefit of doubt is interpreted in favor of the defendant.
Article
50 [Ne Bis In Idem]
(1) No one may be repeatedly convicted for the same offense.
(2) In the administration of justice no evidence obtained in violation of the
federal law is allowed.
(3) Everyone sentenced for a crime has the right to have the sentence
reviewed by a higher court according to the procedure instituted by the
federal law, and also the right to plea for clemency or mitigation
punishment.
Article
51 [Right to Remain Silent]
(1) No one is obliged to give evidence against himself or herself, for his or
her spouse and close relatives, the range of which are established by the
federal law.
(2) The federal law may stipulate other exemptions from the obligation to
give evidence.
Article
52 [Victims]
The rights of persons who have sustained harm from crimes and abuses of power
is protected by the law. The state guarantees the victims access to justice
and compensation for damage.
Article
53 [Compensation]
Everyone has the right to compensation by the state for the damage caused by
unlawful actions (or inaction) of state organs, or their officials.
Article
54 [Retroactive Laws]
(1) The law instituting or aggravating the liability of a person has no
retroactive force.
(2) No one may be held liable for an action which was not recognized as an
offense at the time of its commitment. If liability for an offense has been
lifted or mitigated after its perpetration, the new law applies.
Article
55 [Limits on Restrictions]
(1) The listing of the basic rights and liberties in the Constitution may not
be interpreted as the denial or belittlement of the other commonly recognized
human and citizens' rights and liberties.
(2) No laws denying or belittling human and civil rights and liberties may be
issued in the Russian Federation.
(3) Human and civil rights and liberties may be restricted by the federal law
only to the extent required for the protection of the fundamentals of the
constitutional system, morality, health, rights and lawful interests of other
persons, for ensuring the defense of the country and the security of the
state.
Article
56 [Restrictions]
Individual Restrictions of rights and liberties with identification of the
extent and of their duration may be instituted in conformity with the federal
constitutional law under conditions of the state of emergency in order to
ensure the safety of citizens and protection of the constitutional system.
(2) A state of emergency throughout the territory of the Russian Federation
and in individual areas thereof may be introduced in the circumstances and in
conformity with the procedures defined by the federal constitutional law.
(3) The rights and liberties stipulated by Articles 20, 21, 23 (1), 24, 28, 34 (1), 40 (1), 46-54 of the Constitution are not subject to
restriction.
Article
57 [Duty to Pay Taxes]
Everyone is obliged to pay lawful taxes and fees. Laws introducing new taxes
or worsening the situation of tax payers may not have retroactive force.
Article
58 [Duty to Protect the Environment]
Everyone is obliged to preserve nature and the environment, and care for
natural wealth.
Article
59 [Military Service]
(1) Defense of the homeland is a duty and obligation of the citizen of the
Russian Federation.
(2) The citizen of the Russian Federation do military service in
conformity with the federal law.
(3) The citizen of the Russian Federation whose convictions and faith are at
odds with military service, and also in other cases stipulated by the federal
law has the right to the substitution of an alternative civil service for
military service.
Article
60 [Legal Age]
The citizen of the Russian Federation is recognized to be of legal age and
may independently exercise his rights and duties in full upon reaching the
age of 18.
Article
61 [Extradition]
(1) The citizen of the Russian Federation may not be deported out of Russia
or extradited to another state.
(2) The Russian Federation guarantees its citizens defense and patronage
beyond its boundaries.
Article
62 [Dual Citizenship]
(1) The citizen of the Russian Federation may have the citizenship of a
foreign state (dual citizenship) in conformity with the federal law or
international treaty of the Russian Federation.
(2) Possession of the citizenship of a foreign state by the citizen of the
Russian Federation does not belittle his or her ranks and liberties or exempt
him or her from the duties stemming from Russian citizenship unless otherwise
stipulated by the federal law or international treaty of the Russian
Federation.
(3) Foreign citizens and stateless persons enjoy in the Russian Federation
the rights of its citizens and bear their duties with the exception of cases
stipulated by the federal law or international treaty of the Russian
Federation.
Article
63 [Asylum]
(1) The Russian Federation grants political asylum to foreign citizens and
stateless citizens in conformity with the commonly recognized norms of the
international law.
(2) The extradition of persons persecuted for their political views or any
actions (or inaction), which are not qualified as criminal by the law of the
Russian Federation, to other states is not allowed in the Russian Federation.
The extradition of persons charged with crimes and also the hand-over of
convicts for serving time in other countries is effected on the basis of the
federal law or international treaty of the Russian Federation.
Article
64 [Change by Amendment]
The provisions of these articles form the basis of personal rights in the
Russian Federation and may not be changed other than by the means set forth
in this constitution.
Chapter
3 Russian Federation
Article
65 [Republics]
(1) The Russian Federation consists of the subjects of the Federation:
Republic of Adygeya (Adygeya), Republic of Altai,
Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan,
Republic of Ingushetia, Kabardin-Balkar Republic, Republic of Kalmykia --
Khalmg Tangch, Karachayevo-Cherkess Republic, Republic of Karelia, Republic
of Komi, Republic of Mari El, Republic of Mordovia, Republic of Sakha
(Yakutia), Republic of North Ossetia-Alania, Republic of Tatarstan
(Tatarstan), Republic of Tuva, Udmurt Republic, Republic of Khakasia, Chechen
Republic, Chuvash Republic -- Chavash Republics; Altai Territory, Krasnodar
Territory, Krasnoyarsk Territory, Maritime Territory, Stavropol Territory,
Khabarovsk Territory; Amur Region, Arkhangelsk Region, Astrakhan Region,
Belgorod Region, Bryansk Region, Vladimir Region, Volgograd Region, Vologda
Region, Voronezh Region, Ivanovo Region, Irkutsk Region, Kaliningrad Region,
Kaluga Region, Kamchatka Region, Kemerovo Region, Kirov Region, Kostroma
Region, Kurgan Region, Kursk Region, Leningrad Region, Lipetsk Region,
Magadan Region, Moscow Region, Murmansk Region, Nizhny Novgorod Region,
Novgorod Region, Novosibirsk Region, Omsk Region, Orenburg Region, Oryol
Region, Penza Region, Perm Region, Pskov Region, Rostov Region, Ryazan
Region, Samara Region, Saratov Region, Sakhalin Region, Sverdlovsk Region,
Smolensk Region, Tambov Region, Tver Region, Tomsk Region, Tula Relation,
Tyumen Region, Ulyanovsk Region, Chelyabinsk Region, Chita Region, Yaroslavl
Region; Moscow, St. Petersburg -- federal cities; Jewish Autonomous Region;
Aginsky Buryat Autonomous Area, Komi-Permyak Autonomous Area, Koryak
Autonomous Area, Nenets Autonomous Area, Taimyr (Dolgan-Nenets) Autonomous
Area, Ust-Ordynsky Buryat Autonomous Area, Khanty-Mansi Autonomous Area,
Chukchi Autonomous Area, Evenk Autonomous Area, Yamal-Nenets Autonomous Area.
(2) Accession to the Russian Federation and formation of a new subject of the
Russian Federation within it is carried out as envisaged by the federal constitutional
law.
Article
66 [Territories, Regions]
(1) The status of a republic is defined by the Constitution and the
constitution of the republic in question.
(2) The status of a territory, region, federal city, and autonomous region
and autonomous area is determined by Constitution and the Charter of the
territory, region, city of federal importance, autonomous region, autonomous
area, adopted by the legislative (representative) body of the relevant
subject of the Russian Federation.
(3) A federal law on autonomous region, autonomous area may be adopted at the
nomination from the legislative and executive bodies of an autonomous region,
autonomous area.
(4) Relations between autonomous areas within a territory or region may be
regulated by the federal law and an agreement between bodies of state power
of the autonomous area and, respectively, bodies of state power of the
territory or the region.
(5) The status of a subject of the Russian Federation may be changed only
with mutual consent of the Russian Federation and the subject of the Russian
Federation in accordance with the federal constitutional law.
Article
67 [Territory]
(1) The territory of the Russian Federation incorporates the territories of
its subjects, the internal and territorial seas and the air space over them.
(2) The Russian Federation has sovereign rights and exercise jurisdiction on
the continental shelf and in the exclusive economic zone of the Russian
Federation under the procedure stipulated by the federal law and norms of
international law.
(3) The boundaries between the subjects of the Russian Federation may be
changed by their mutual agreement.
Article
68 [State Language]
(1) The state language of the Russian Federation throughout its territory is
the Russian language.
(2) The republics have the right to institute their own state languages. They
are used alongside the state language of the Russian Federation in bodies of
state power, bodies of local self-government and state institutions of the
republics.
(3) The Russian Federation guarantees all its peoples the right to preserve
their native language and to create the conditions for its study and
development.
Article
69 [Indigenous Rights]
The Russian Federation guarantees the rights of small indigenous peoples in
accordance with the generally accepted principles and standards of
international law and international treaties of the Russian Federation.
Article
70 [Flag, Emblem, Anthem]
(1) The national flag, State Emblem, and the national anthem, their
description and the procedure for their official use are established by the
federal constitutional law.
(2) The capital of the Russian Federation is the city of Moscow. The status
of the capital is established by the federal law.
Article
71 [Federal Jurisdiction]
The jurisdiction of the Russian Federation includes:
a) the adoption and amendment of the Constitution and federal laws and
supervision over compliance with them;
b) the federal structure and territory of the Russian Federation;
c) regulation and protection of the rights and liberties of the human being
and citizen; citizenship of the Russian Federation; regulation and protection
of the rights of national minorities;
d) establishment of the system of federal bodies of legislative, executive
and judiciary power, procedure for the organization and activities thereof;
formation of federal bodies of state power;
e) federal and state property and management thereof;
f) determining the basic principles of federal policy and federal programs in
the field of state structure, the economy, the environment, and the social,
cultural and national development of the Russian Federation;
g) establishment of the legal framework for a single market; financial,
monetary, credit and customs regulation, emission of money and guidelines for
price policy; federal economic services, including federal banks;
h) the federal budget; federal taxes and levies; federal funds of regional
development;
i) federal power grids, nuclear energy, fissionable materials; federal
transport, railways, information and communications; space activities;
j) foreign policy and international relations of the Russian Federation,
international treaties of the Russian questions of war and peace;
k) foreign trade relations of the Russian Federation;
l) defense and security; defense production; determining procedures for the
sale and purchase of arms, ammunition, military hardware and other equipment;
production of fissionable materials, toxic substances, narcotics and
procedure for the use thereof;
m) defining the status and protection of the state border, territorial
waters, the air space, the exclusive economic zone and the continental shelf
of the Russian Federation;
n) law courts; Prosecutor's Office; criminal, criminal-procedural and
criminal-executive legislation; amnesty and pardon; civil, civil-procedural
and arbitration-procedural legislation; legal regulation of intellectual
property;
o) federal conflict of laws;
p) meteorological service; standards, models, the metric system and time
measurement; geodesy and cartography; names of geographical objects; official
statistics and accounting;
q) state decorations and honorary titles of the Russian
Federation;
r) federal state service.
Article
72 [Joint Jurisdiction]
(1) The joint jurisdiction of the Russian Federation and the subjects of the
Russian Federation includes:
a) ensuring compliance of the constitutions and laws of the republics,
charters, laws, and other regulatory legal acts of the territories, regions,
federal cities, the autonomous region and autonomous areas with the
Constitution and the federal laws;
b) protection of the rights and freedoms of man and citizen, protection of
the rights of ethnic minorities; ensuring legality, law and order, and public
safety; border zone regime;
c) issues of the possession, use and management of the land, mineral
resources, water an d other natural resources;
d) delimitation of state property;
e) management of natural resources, protection of the environment and
ecological safety; specially protected natural reserves; protection of historical
and cultural monuments;
f) general questions of upbringing, education, science, culture, physical
culture and sports;
g) coordination of health issues, protection of family, motherhood,
fatherhood and childhood; social protection including social security;
h) implementing measures to combat catastrophes, natural disasters, epidemics
and eliminating consequences thereof;
i) establishment of the general guidelines for taxation and levies in the
Russian Federation;
j) administrative, administrative-procedural, labor, family, housing, land,
water and forestry legislation; legislation on the sub-surface and
environmental protection;
k) cadres of judiciary and law-enforcement agencies; the bar, notaries;
l) protection of the original environment and traditional way of life of
small ethnic communities;
m) establishment of general guidelines of the organization of the system of
bodies of state power and local self-government;
n) coordination of the international and external economic relations of the
subjects of the Russian Federation, compliance with the international
treaties of the Russian Federation.
(2) The provisions of this Article equally apply to the republics,
territories, regions, federal cities, the autonomous region and autonomous
areas.
Article
73 [Regional Jurisdiction]
Outside of the jurisdiction of the Russian Federation and the powers of the
Russian Federation on issues within the joint jurisdiction of the Russian
Federation and the subjects of the Russian Federation, the subjects of the Russian
Federation exercises the entire spectrum of state power.
Article
74 [Free Trade Zone]
(1) No customs frontiers, duties, levies, or any other barriers for free
movement of goods, services, or financial means may be established on the
territory of the Russian Federation.
(2) Restrictions on the movement of goods and services may be established
under the federal law, if this is necessary for the protection of the
people's safety, their lives and health, protection of environment and
cultural values.
Article
75 [Money]
(1) The monetary unit of the Russian Federation is the ruble. The monetary
emission is the exclusive responsibility of the Central Bank of the Russian
Federation. No other currencies may be issued in the Russian Federation.
(2) The protection and stability of the ruble is the main function of the
Central Bank of the Russian Federation which it exercises independently from
other bodies of state power.
(3) The system of taxes levied to the federal budget and the general
principles of taxation and levies in the Russian
Federation is established by the federal law.
(4) State loans are issued in accordance with the procedure established by
the federal law and placed on a strictly voluntary basis.
Article
76 [Direct Effect of Federal Laws]
(1) On issues within the jurisdiction of the Russian Federation federal
constitutional laws and federal laws are adopted having direct effect
throughout the territory of the Russian Federation.
(2) On matters within the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation federal laws are issued and in
accordance with them laws and other regulatory legal acts of the subjects of
the Russian Federation is adopted.
(3) Federal laws may not contravene federal constitutional laws.
(4) Outside of the jurisdiction of the Russian Federation and the joint jurisdiction of the
Russian Federation and the subjects of the Russian Federation republics, territories, regions,
federal cities, autonomous regions and autonomous areas effect their own
legal regulation, including the adoption of laws and other regulatory legal
acts.
(5) Laws and other regulatory legal acts of the subjects of the Russian Federation may not contravene federal laws
adopted in accordance with Parts (1) and (2) of this Article. In the event of
a contradiction between a federal law and any other act issued in the Russian Federation, the federal law applies.
(6) In the event of a contradiction between the federal law and a regulatory
legal act of a subject of the Russian Federation issued in accordance with Part
(4) of this Article, the regulatory legal act of the subject of the Russian Federation applies.
Article
77 [State Power]
(1) The system of state power bodies of the republics, territories, regions,
federal cities, the autonomous region, autonomous areas are established by
the subjects of the Russian Federation independently in accordance with the
basic principles of the constitutional system of the Russian Federation and
general principles of the organization of legislative and executive bodies of
power as envisaged by the federal law.
(2) Within the jurisdiction of the Russian Federation and the powers of the
Russian Federation on issues within the joint jurisdiction of the Russian
Federation and the subjects of the Russian Federation the federal bodies of
executive power and bodies of executive power of the subjects of the Russian
Federation forms the single system of executive power in the Russian
Federation.
Article
78 [State Officials]
(1) To exercise their powers, the federal bodies of executive power may set
up their own territorial structures and appoint respective officials.
(2) By agreement with organs of executive power of the subjects of the Russian Federation, the federal organs of executive
power may delegate to them part of their powers provided this does not
contravene the Constitution or federal laws.
(3) By agreement with the federal organs of executive power, organs of
executive power of the subjects of the Russian Federation may delegate part of their powers
to them.
(4) The President of the Russian Federation and the government of the Russian Federation shall, under the Constitution,
exercise the authority of federal state power throughout the territory of the
Russian Federation.
Article
79 [Inter-State Associations]
The Russian Federation may participate in inter-state associations and
delegate some of its powers to them in accordance with international
agreements if this does not restrict human or civil rights and liberties or
contravene the fundamentals of the constitutional system of the Russian
Federation.
Chapter
4 President of the Russian Federation
Article
80 [Head of State]
(1) The President of the Russian Federation is the head of state.
(2) The President is the guarantor of the Constitution, and of human and
civil rights and freedoms. In accordance with the procedure established by
the Constitution, he takes measures to protect the sovereignty of the Russian Federation, its independence and state
integrity, and ensure concerted functioning and interaction of all bodies of
state power.
(3) The President of the Russian Federation defines the basic domestic and
foreign policy guidelines of the state in accordance with the Constitution
and federal laws.
(4) The President of the Russian Federation as head of state represents the Russian Federation inside the country and in
international relations.
Article
81 [Term, Election]
(1) The President of the Russian Federation is elected for a term of four
years by the citizens of the Russian Federation on the basis of general,
equal and direct vote by secret ballot.
(2) A citizen of the Russian Federation not younger than 35, who has
resided in the Russian Federation for not less than 10 years, may
be elected President of the Russian Federation.
(3) No one person may hold the office of President of the Russian Federation for more than two terms in
succession.
(4) The procedure for electing the President of the Russian Federation is determined by federal law.
Article
82 [Oath]
(1) At his inauguration, the President of the Russian Federation takes the
following oath to the people:
"I vow, in the performance of my powers as the President of the
Russian Federation to respect and protect the rights and freedoms of man and
citizen, to observe and protect the Constitution, to protect the sovereignty
and independence, security and integrity of the state and to serve the people
faithfully."
(2) The oath is taken in a solemn atmosphere in the presence of members of the
Council of the Federation, deputies of the House of Representatives [State
Duma] and judges of the Constitutional Court of the Russian Federation.
Article
83 [Powers]
The President of the Russian Federation shall:
a) appoint Chairman of the Government of the Russian Federation subject to
consent of the House of Representatives [State Duma];
b) have the right to preside over meetings of the Government of the Russian
Federation;
c) decide on resignation of the Government of the Russian Federation;
d) introduce to the House of Representatives [State Duma] a candidature for
appointment to the office of the Chairman of the Central Bank of the Russian
Federation; submit to the House of Representatives [State Duma] the proposal
on relieving the Chairman of the Central Bank of the Russian Federation of
his duties;
e) appoint and dismiss deputy chairmen of the Government of the Russian
Federation and federal ministers as proposed by the Chairman of the
Government of the Russian Federation;
f) submit to the Federation Council candidates for appointment to the office
of judges of the Constitutional Court of the Russian Federation, the Supreme
Court of the Russian Federation and the Supreme Arbitration Court of the
Russian Federation as well as the candidate for Prosecutor-General of the
Russian Federation; submit to the Federation Council the
proposal on relieving the Prosecutor-General of the Russian Federation of his
duties; appoint the judges of other federal courts.
g) form and head the Security Council of the Russian Federation, the status
of which is determined by federal law;
h) endorse the military doctrine of the Russian Federation;
i) form the staff of the President of the Russian Federation;
j) appoint and dismiss plenipotentiary representatives of the President of
the Russian Federation;
k) appoint and dismiss the Supreme Command of the Armed Forces of the Russian
Federation;
l) appoint and recall, after consultations with the respective committees or
commissions of the Federal Assembly, diplomatic representatives of the
Russian Federation to foreign states and international organizations.
Article
84 [Powers in Relation to Parliament]
The President of the Russian Federation shall:
a) call elections to the chambers of the House of Representatives [State
Duma] in accordance with the Constitution and federal law;
b) dissolve the House of Representatives [State Duma] in cases and under
procedures envisaged by the Constitution;
c) call a referendum under procedures established by federal constitutional
law;
d) introduce draft laws in the House of Representatives [State Duma];
e) sign and publish federal laws;
f) present annual messages to the Federal Assembly on the situation in the
country and on basic directions of the internal and external policies of the
state.
Article
85 [Dispute Settlement]
(1) The President of the Russian Federation may use dispute-settlement
procedures to settle differences between organs of state power of the Russian
Federation and organs of state power of the subjects of the Russian
Federation, and also between organs of state power of the subjects of the
Russian Federation. If no decision is agreed upon, he may turn the dispute
over for review by the respective court of law.
(2) The President of the Russian Federation has the right to suspend acts by
organs of executive power of the subjects of the Russian Federation if such acts contravene the
Constitution and federal laws, the international obligations of the Russian Federation, or violate human and civil
rights and liberties, pending the resolution of the issue in appropriate
court.
Article
86 [Diplomacy]
The President of the Russian Federation shall:
a) supervise the conduct of the foreign policy of the Russian Federation;
b) conduct negotiations and sign international treaties of the Russian Federation;
c) sign instruments of ratification;
d) accept credentials and instruments of recall of diplomatic representatives
accredited with him.
Article
87 [Commander-in-Chief]
(1) The President of the Russian Federation is the Supreme Commander-in-Chief
of the Armed Forces of the Russian Federation.
(2) In the event of aggression against the Russian Federation or an immediate threat thereof,
the President of the Russian Federation introduces martial law on the
territory of the Russian Federation or in areas thereof with
immediate notification thereof of the Federation Council and the House of
Representatives [State Duma].
Article
88 [State of Emergency]
Under the circumstances and procedures envisaged by the
Federal Constitutional Law, the President of the Russian Federation imposes a
state of emergency on the territory of the Russian Federation or in areas
thereof with immediate notification of the Federation Council and the House
of Representatives [State Duma].
Article
89 [Decorations, Pardon]
The President of the Russian Federation shall:
a) resolve issues of citizenship of the Russian Federation and of granting
political asylum;
b) award state decorations of the Russian Federation, confer honorary titles
of the Russian Federation and top military ranks and top specialized titles;
c) grant pardon.
Article
90 [Decrees, Executive Orders]
(1) The President of the Russian Federation issues decrees and executive
orders.
(2) The decrees and orders of the President of the Russian Federation are binding throughout the
territory of the Russian Federation.
(3) The decrees and orders of the President of the Russian Federation may not contravene the
Constitution or federal laws.
Article
91 [Immunity]
The President of the Russian Federation possesses immunity.
Article
92 [Term Limits]
(1) The President of the Russian Federation assumes his powers from the time
he is sworn in and terminate his exercise of such powers with the expiry of
his tenure of office from the time the newly-elected President of the Russian
Federation is sworn in.
(2) The powers of the President of the Russian Federation is terminated in
the event of his resignation or sustained inability due to health to
discharge his powers or in the event of impeachment. In such cases new
elections of the President of the Russian Federation is held not later than three
months after the early termination of the President's powers.
(3) In all cases when the President of the Russian Federation is unable to perform his duties
such duties are temporarily performed by the chairman of the Government of
the Russian Federation. The acting president of the Russian Federation has no right to dissolve the
House of Representatives [State Duma], call a referendum or make proposals on
amendment or revision of the provisions of the Constitution.
Article
93 [Impeachment]
(1) The President of the Russian Federation may be impeached by the
Federation Council only on the basis of charges put forward against him of
high treason or some other grave crime, confirmed by a ruling of the Supreme
Court of the Russian Federation on the presence of indicia of crime in the
President's actions and by a ruling of the Constitutional Court of the
Russian Federation confirming that the procedure of bringing charges has been
observed.
(2) The ruling of the House of Representatives [State Duma] on putting
forward charges and the decision of the Federation Council on impeachment of
the President is passed by the votes of two-thirds of the total number in
each of the chambers at the initiative of at least one-third of the deputies
of the House of Representatives [State Duma] and in the presence of the
opinion of a special commission formed by the House of Representatives [State
Duma].
(3) The decision of the Federation Council on impeaching the President of the
Russian Federation is passed within three months of
the charges being brought against the President by the House of
Representatives [State Duma]. The charges against the President are considered
to be rejected if the decision of the Federation Council is not passed.
Chapter
5 Federal Assembly
Article
94 [Supreme Legislative Body]
The Federal Assembly -- Parliament of the Russian Federation -- is the supreme representative
and legislative body of the Russian Federation.
Article
95 [Two Chambers]
(1) The Federal Assembly consists of two chambers -- the Federation Council
and the House of Representatives [State Duma].
(2) Two deputies from each subject of the Federation are members of Federation
Council: one from the representative and one from the executive bodies of
state authority.
(3) The House of Representatives [State Duma] consists of 450 deputies.
Article
96 [House of Representatives: State Duma]
(1) The House of Representatives [State Duma] is elected for a term of four
years.
(2) The procedure for forming the Federation Council and the procedure for
electing deputies to the House of Representatives [State Duma] is established
by federal law.
Article
97 [Eligibility]
(1) Any citizen of the Russian Federation aged 21 and older who has the
right to take part in elections may be elected deputy to the House of
Representatives [State Duma].
(2) One and the same person may not concurrently be a deputy to the
Federation Council and to the House of Representatives [State Duma]. A deputy
to the House of Representatives [State Duma] may not be a deputy to any other
representative body of state power or bodies of local self-government.
(3) The deputies to the House of Representatives [State Duma] work on a
permanent professional basis. Deputies to the House of Representatives [State
Duma] may not be employed in the civil service or engage in any activities
for remuneration other than teaching, research or other creative activities.
Article
98 [Immunity]
(1) Deputies to the Federation Council and deputies to the House of
Representatives [State Duma] possess immunity throughout their term in
office. A deputy may not be detained, arrested, searched except when detained
in the act of perpetrating a crime, and may not be subject to personal search
except when such search is authorized by law to ensure the safety of other
people.
(2) The question of stripping a deputy of immunity is decided on the
recommendation of the Prosecutor-General of the Russian Federation by the corresponding chamber of
the Federal Assembly.
Article
99 [Sessions]
(1) The Federal Assembly is a permanent body.
(2) The House of Representatives [State Duma] holds its first session on the
30th day after its election. The President of the Russian Federation may convene a session of the
House of Representatives [State Duma] before this term.
(3) The first session of the House of Representatives [State Duma] is opened
by the oldest deputy.
(4) From the start of the work of the new House of Representatives [State
Duma] the powers of the previous House of Representatives [State Duma] cease.
Article
100 [Separation of Chambers]
(1) The Federation Council and the House of Representatives [State Duma] sit
separately.
(2) The sessions of the Federation Council and the House of Representatives
[State Duma] are open. Each chamber has the right to hold closed sessions as
envisaged by its rules.
(3) The chambers may have joint sessions to hear the addresses of the
President of the Russian Federation, addresses of the Constitutional
Court of the Russian Federation and speeches by leaders of
foreign states.
Article
101 [Chairman]
(1) The Federation Council elects from among its members the Chairman of the
Federation Council and his deputies. The House of Representatives [State
Duma] elects from among its members the Chairman of the House of
Representatives [State Duma] and his deputies.
(2) The Chairman of the Federation Council and his deputies, the Chairman of
the House of Representatives [State Duma] and his deputies presides over the
sessions and supervise the internal rules of the chamber.
(3) The Federation Council and the House of Representatives [State Duma] form
committees and commissions, exercise parliamentary supervision over issues
within their jurisdiction and hold parliamentary hearings.
(4) Each chamber adopts its own rules and solve questions of internal
organization and work.
(5) In order to exercise control over the federal budget the Federation
Council and the House of Representatives [State Duma] form an Accounting
Chamber, the membership and rules of order of which is determined by federal
law.
Article
102 [Jurisdiction of Federation Council]
(1) The jurisdiction of the Federation Council includes: a)
approval of changes of borders between the subjects of the Russian
Federation;
b) approval of the decree of the President of the Russian Federation on the
introduction of martial law;
c) approval of the decree of the President of the Russian Federation on the
introduction of a state of emergency;
d) making decisions on the possibility of the use of the Armed Forces of the
Russian Federation outside the territory of the Russian Federation;
e) calling of elections of the President of the Russian Federation;
f) impeachment of the President of the Russian Federation;
g) the appointment of judges of the Constitutional Court of the Russian
Federation, the Supreme Court of the Russian Federation, and the Supreme
Court of Arbitration of the Russian Federation;
h) the appointment to office and the removal from office of the
Prosecutor-General of the Russian Federation;
i) the appointment to office and removal from office of the deputy Chairman
of the Accounting Chamber and half of its staff of its auditors.
(2) The Federation Council passes resolutions on the issues within its
jurisdiction under the Constitution.
(3) The decrees of the Federation Council are adopted by a majority of all
deputies to the Federation Council unless otherwise provided for by the
Constitution.
Article
103 [Jurisdiction of the House of Representatives]
(1) The jurisdiction of the House of Representatives [State Duma] includes:
a) granting consent to the President of the Russian Federation for the
appointment of the Chairman of the Government of the Russian Federation;
b) decisions on confidence in the government of the Russian Federation;
c) the appointment and dismissal of the Chairman of the Central Bank of the
Russian Federation;
d) the appointment and dismissal of the Chairman of the Accounting Chamber
and half of its staff of auditors;
e) the appointment and dismissal of the Plenipotentiary for Human Rights
acting in accordance with the Federal Constitutional Law;
f) granting amnesty;
g) bringing charges against the President of the Russian Federation for his
impeachment.
(2) The House of Representatives [State Duma] adopts resolutions on the
issues of its jurisdiction envisaged by the Constitution.
(3) The resolutions of the House of Representatives [State Duma] are adopted
by a majority of votes of all deputies of the House of Representatives [State
Duma] unless otherwise provided for by the Constitution.
Article
104 [Initiative]
(1) The President of the Russian Federation, the Federation Council, the
members to the Federation Council, the deputies to the House of
Representatives [State Duma], the Government of the Russian Federation and
the legislative (representative) bodies of the subjects of the Russian
Federation have the right of legislative initiative. The Constitutional Court
of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Court of
Arbitration of the Russian Federation also have the right of
legislative initiative within their jurisdiction.
(2) Draft laws are introduced in the House of Representatives [State Duma].
(3) The draft laws on the introduction or abolishing of taxes, exemptions
from the payment thereof, on the issue of state loans, on changes in the
financial obligations of the state and other draft laws providing for
expenditures covered from the federal budget may be introduced to the House
of Representatives [State Duma] only with a corresponding resolution by the
Government of the Russian Federation.
Article
105 [Majority]
(1) Federal laws are passed by the House of Representatives [State Duma].
(2) Federal laws are passed by a majority of votes of all deputies of the
House of Representatives [State Duma] unless otherwise provided for by the
Constitution.
(3) Laws adopted by the House of Representatives [State Duma] are passed to
the Federation Council for review within five days.
(4) A federal law is considered passed by the Federation Council if more than
half of its deputies vote for it or if within fourteen days it has not been
considered by the Federation Council. In the event the Federation Council rejects
the federal law, the chambers may set up a conciliatory commission to settle
the differences, whereupon the federal law is again considered by the House
of Representatives [State Duma].
(5) In the event the House of Representatives [State Duma] disagrees with the
decision of the Federation Council, the federal law is considered adopted if,
in the second voting, at least two-thirds of the total number of deputies to
the House of Representatives [State Duma] vote for it.
Article
106 [Mandatory Consideration of Federation Council]
The federal laws adopted by the House of Representatives [State Duma] are
considered by the Federation Council on a mandatory basis if such laws deal
with the issues of: a) the federal budget; b) federal taxes and
levies;
c) financial, monetary, credit and customs regulations and money emission;
d) ratification and denunciation of international treaties of the Russian
Federation;
e) the status and protection of the state border of the Russian Federation;
f) war and peace.
Article
107 [Signing and Publication]
(1) An adopted federal law is sent to the President of the Russian Federation for signing and publication
within five days.
(2) The President of the Russian Federation shall, within fourteen days, sign
a federal law and publish it.
(3) If the President rejects a federal law within fourteen days since it was
sent to him, the House of Representatives [State Duma] and the Federation
Council again consider the law in accordance with the procedure established
by the Constitution. If, during the second hearings, the federal law is
approved in its earlier draft by a majority of not less than two thirds of
the total number of deputies of the Federation Council and the House of
Representatives [State Duma], it is signed by the President of the Russian Federation within seven days and published.
Article
108 [Constitutional Laws]
(1) Federal constitutional laws are passed on issues specified in the
Constitution.
(2) A federal constitutional law is considered adopted, if it has been approved
by a majority of at least three quarters of the total number of deputies of
the Federation Council and at least two thirds of the total number of
deputies of the House of Representatives [State Duma]. The adopted federal
constitutional law is signed by the President of the Russian Federation within fourteen days and
published.
Article
109 [Dissolution]
(1) The House of Representatives [State Duma] may be dissolved by the
President of the Russian Federation in cases stipulated in Articles 111 and 117 of the Constitution.
(2) In the event of the dissolution of the House of Representatives [State
Duma], the President of the Russian Federation determines the date of elections
so that the newly-elected House of Representatives [State Duma] convenes not
later than four months since the time of dissolution.
(3) The House of Representatives [State Duma] may not be dissolved on grounds
provided for by Article 117 of the Constitution within one year after
its election.
(4) The House of Representatives [State Duma] may not be dissolved since the
time it has brought accusations against the President of the Russian
Federation and until a corresponding decision has been taken by the
Federation Council.
(5) The House of Representatives [State Duma] may not be dissolved during the
period of the state of emergency or martial law throughout the territory of
the Russian Federation, as well as within six months of
the expiry of the term of office of the President of the Russian Federation.
Chapter
6 The Government of the Russian Federation
Article
110 [Executive Power]
(1) Executive power in the Russian Federation is exercised by the Government
of the Russian Federation.
(2) The Government of the Russian Federation consists of the Chairman of the
Government of the Russian Federation, Deputy Chairmen of the
Government and federal ministers.
Article
111 [Chairman]
(1) The Chairman of the Government of the Russian Federation is appointed by the President of
the Russian Federation with consent of the House of
Representatives [State Duma].
(2) The proposal on the candidacy of the Chairman of the Government of the
Russian Federation is made no later than two weeks after the inauguration of
the newly-elected President of the Russian Federation or after the
resignation of the Government of the Russian Federation or within one week
after the rejection of the candidate by the House of Representatives [State
Duma].
(3) The House of Representatives [State Duma] considers the candidacy of the
Chairman of the Government of the Russian Federation submitted by the President of the
Russian Federation within one week after the
nomination.
(4) After the House of Representatives [State Duma] thrice
rejects candidates for Chairman of the Government of the Russian Federation
nominated by the President of the Russian Federation, the President of the
Russian Federation appoints Chairman of the Government of the Russian
Federation, dissolve the House of Representatives [State Duma] and call a new
election.
Article
112 [Cabinet]
(1) The Chairman of the Government of the Russian Federation shall, not later
than one week after appointment, submit to the President of the Russian
Federation proposals on the structures of the federal bodies of executive
power.
(2) The Chairman of the Government of the Russian Federation proposes to the
President of the Russian Federation candidates for the office of Deputy
Chairmen of the Government of the Russian Federation and federal ministers.
Article
113 [Guidelines]
The Chairman of the Government of the Russian Federation, in accordance with
the Constitution, federal laws and decrees of the President of the Russian
Federation determines the guidelines of the work of the Government of the
Russian Federation and organizes its work.
Article
114 [Powers]
(1) The Government of the Russian Federation shall:
a) develop and submit the federal budget to the House of Representatives
[State Duma] and ensure compliance therewith; submit a report on the
execution of the federal budget to the House of Representatives [State Duma];
b) ensure the implementation in the Russian Federation of a uniform
financial, credit and monetary policy;
c) ensure the implementation in the Russian Federation of a uniform state
policy in the field of culture, science, education, health, social security
and ecology;
d) manage federal property;
e) adopt measures to ensure the country's defense, state security and the
implementation of the foreign policy of the Russian Federation;
f) implement measures to ensure legality, the rights and freedoms of
citizens, protect property and public law and order and control crime;
g) exercise any other powers vested in it by the Constitution, federal laws
and the decrees of the President of the Russian Federation.
(2) The work of the Government of the Russian Federation is regulated by
federal constitutional law.
Article
115 [Decrees, Executive Orders]
(1) On the basis of and pursuant to the Constitution, federal laws and
normative decrees of the President of the Russian Federation the Government
of the Russian Federation issue decrees and orders and ensure their
implementation thereof.
(2) The decrees and orders of the Government of the Russian Federation are
binding throughout the Russian Federation.
(3) The decrees and executive orders of the Government of the Russian
Federation may be repealed by the President of the Russian Federation if they
contravene the Constitution, federal laws and the decrees of the President of
the Russian Federation.
Article
116 [Term Limits]
The Government of the Russian Federation lays down its powers before the
newly-elected President of the Russian Federation.
Article
117 [Resignation]
(1) The Government of the Russian Federation may hand in its resignation
which may be accepted or rejected by the President of the Russian Federation.
(2) The President of the Russian Federation may take a decision
about the resignation of the Government of the Russian Federation.
(3) The House of Representatives [State Duma] may express non-confidence in
the Government of the Russian Federation. The non-confidence resolution is
approved by a simple majority of deputies in the House of Representatives
[State Duma]. In the event the House of Representatives [State Duma] again
expresses non-confidence in the Government of the Russian Federation within
three months, the President of the Russian Federation announces the
resignation of the Government or dissolve the House of Representatives [State
Duma].
(4) The Chairman of the Government of the Russian Federation may put the
question of confidence in the Government of the Russian Federation before the
House of Representatives [State Duma]. In the case of a non-confidence vote
by the House of Representatives [State Duma], the President decides within
seven days about the resignation of the Government of the Russian Federation
or about the dissolution of the House of Representatives [State Duma] and
call a new election.
(5) If the Government of the Russian Federation resigns or lays down its
powers, it shall, following instructions by the President of the Russian
Federation, continue working until the formation of a new government of the
Russian Federation.
Chapter
7 Judiciary
Article
118 [Administration of Justice]
(1) Justice in the Russian Federation is administered only by law courts.
(2) Judiciary power is exercised to constitutional, civil, administrative and
criminal process.
(3) The judiciary system of the Russian Federation is established by the
Constitution and the federal constitutional law. The creation of
extraordinary courts is forbidden.
Article
119 [Eligibility]
Citizens of the Russian Federation aged 25 and older, holding a law degree
and having worked in the law profession for at least five years may become
judges The federal law may establish additional requirements for judges in
the courts of the Russian Federation.
Article
120 [Endependence of Judges]
(1) Judges are independent and obey only the Constitution and the
federal law.
(2) A court of law, having established the illegality of an act of government
or any other body, passes a ruling in accordance with law.
Article
121 [Termination of Office]
(1) Judges may not be replaced.
(2) A judge may not have his powers terminated or suspended except under
procedures and on grounds established by federal law.
Article
122 [Immunity]
(1) Judges possess immunity.
(2) Criminal proceedings may not be brought against a judge except as
provided f or by federal law.
Article
123 [Publicity]
(1) All trials in all law courts are open. The hearing of a case can be in
camera in cases provided by the federal law.
(2) Hearing of criminal cases in law courts in absentia are not allowed
except the cases provided for by the federal law.
(3) The trial is conducted on an adversarial and equal basis.
(4) In cases stipulated by federal law trials is held by jury.
Article
124 [Financing]
Law courts are financed only out of the federal budget and
financing ensure full and independent administration of justice in accordance
with federal law.
Article
125 [Constitutional Court]
(1) The Constitutional Court of the Russian Federation consists of
19 judges.
(2) The Constitutional Court of the Russian Federation on request by the
President of the Russian Federation, the House of Representatives [State
Duma], one-fifth of the members of the Federation Council or deputies of the
House of Representatives [State Duma], the Government of the Russian
Federation, the Supreme Court of the Russian Federation and Supreme
Arbitration Court of the Russian Federation, bodies of legislative and
executive power of subjects of the Russian Federation resolve cases about
compliance with the Constitution of:
a) federal laws, normative acts of the President of the Russian Federation,
the Federation Council, House of Representatives [State Duma] and the
Government of the Russian Federation;
b) republican constitutions, charters, as well as laws and other normative
acts of subjects of the Russian Federation published on issues pertaining to
the jurisdiction of bodies of state power of the Russian Federation and joint
jurisdiction of bodies of state power of the Russian Federation and bodies of
state power of subjects of the Russian Federation;
c) agreements between bodies of state power of the Russian Federation and
bodies of state power of subjects of the Russian Federation, agreements
between bodies of state power of subjects of the Russian Federation;
d) international agreements of the Russian Federation that have not entered
into force.
(3) The Constitutional Court of the Russian Federation resolves disputes over
jurisdiction:
a) between the federal state bodies;
b) between state bodies of the Russian Federation and state bodies of the
subjects of the Russian Federation;
c) between supreme state bodies of subjects of the Russian Federation.
(4) The Constitutional Court of the Russian Federation, proceeding from complaints
about violation of constitutional rights and freedoms of citizens and
requests from courts reviews the constitutionality of the law applied or due
to be applied in a specific case in accordance with procedures established by
federal law.
(5) The Constitutional Court of the Russian Federation on request by the
President of the Russian Federation, the Federation Council, House of
Representatives [State Duma], the Government of the Russian Federation,
legislative bodies of subjects of the Russian Federation interprets the
Constitution.
(6) Acts and their provisions deemed unconstitutional loose force thereof;
international agreements of the Russian Federation may not be enforced and
applied if they violate the Constitution.
(7) The Constitutional Court of the Russian Federation on request of the
Federation Council rules on compliance with established procedures when
charging the President of the Russian Federation with state treason or other
grave crime.
Article
126 [Supreme Court]
The Supreme Court of the Russian Federation is the highest judiciary body on
civil, criminal, administrative and other matters triable by general
jurisdiction courts, and effects judiciary supervision over their activity in
line with federal procedural forms and offers explanations on judicial
practice issues.
Article
127 [Supreme Arbitration Court]
The Supreme Arbitration Court of the Russian Federation is the highest
judiciary body resolving economic disputes and other cases considered by
arbitration courts, and carries out judicial
supervision over their activity in line with federal legal procedures and
offers explanations on questions of judiciary practice.
Article
128 [Appointment]
(1) Judges of the Constitutional Court of the Russian Federation, of the
Supreme Court of the Russian Federation, of the Supreme Arbitration Court of
the Russian Federation are appointed by the Federation Council following
nomination by the President of the Russian Federation.
(2) Judges of other federal courts are appointed by the President of the
Russian Federation in accordance with procedures established by federal law.
(3) The powers, and procedure of the formation and activities of the
Constitutional Court of the Russian Federation, the Supreme Court of the
Russian Federation and the Supreme Arbitration Court of the Russian
Federation and other federal courts are established by federal constitutional
law.
Article
129 [Prosecutor]
(1) The Prosecutor's Office of the Russian Federation is a single centralized
system in which lower prosecutors are subordinated to higher prosecutors and
the Prosecutor-General of the Russian Federation.
(2) The Prosecutor-General of the Russian Federation is appointed to his post
and relieved from the post by the Federation Council on nomination by the
President of the Russian Federation.
(3) Prosecutors of subjects of the Russian Federation are appointed by the
Prosecutor-General of the Russian Federation after consultations with its
subjects.
(4) Other prosecutors are appointed by the Prosecutor-General of the Russian
Federation.
(5) The powers, organization and working procedure for the Prosecutor's
Office of the Russian Federation are determined by federal law.
Chapter
8 Local Self-Government
Article
130 [Local Self-Government]
(1) Local self-government in the Russian Federation ensures independent
solution by the population of local issues, the ownership, use and disposal
of municipal property.
(2) Local self-government is exercised by the citizens through referendums,
elections and forms of expression of their will, through elected and other
bodies of local self-government.
Article
131 [Localities]
(1) Local self-government is exercised in the cities, rural areas and other
localities taking into account historical and other local traditions. The
structure of bodies of local self-government is determined by the population
independently.
(2) The borders of territorial entities under local self-government are
changed only with the consent of their population.
Article
132 [Powers]
(1) The bodies of local self-government independently manage municipal
property, form, approve and execute the local budget, establish local taxes
and levies, ensure law and order and solve any other local issues.
(2) The bodies of local self-government may be invested under law with
certain state powers with the transfer of material and financial resources
required to exercise such powers. The exercise of the powers transferred is
supervised by the state.
Article
133 [Compensation]
Local self-government in the Russian Federation is guaranteed by the right to
judicial protection and compensation for any additional expenses arising from
the decisions passed by the
bodies of state power, and the ban on the restrictions of the rights of local
self-government established by the Constitution and federal laws.
Chapter
9 Constitutional Amendments and Revisions
Article
134 [Amendments]
Proposals on amendments and revision of constitutional provisions may be made
by the President of the Russian Federation, the Federation Council, the House
of Representatives [State Duma], the Government of the Russian Federation,
legislative (representative) bodies of the subjects of the Russian Federation
as well as groups of deputies numbering not less than one-fifth of the total
number of deputies of the Federation Council or the House of Representatives
[State Duma].
Article
135 [Restrictions]
(1) The provisions of Chapters 1, 2 and 9 of the Constitution may not be revised by
the Federal Assembly.
(2) In the event a proposal to revise any provisions in Chapters 1, and 9 of the Constitution is supported by
three-fifths of the total number of deputies of the Federation Council and
the House of Representatives [State Duma], a Constitutional Assembly is
convened in accordance with the federal constitutional law.
(3) The Constitutional Assembly may either confirm the inviolability of the
Constitution or develop a new draft of the Constitution which is adopted by
two-thirds of the total number of deputies to the Constitutional Assembly or
submitted to popular voting. The Constitution is considered adopted during
such poll if more than half of its participants have voted for it, provided
more than half of the electorate have taken part in the poll.
Article
136 [Majority]
Amendments to Chapters 3 to 8 of the Constitution are adopted in
accordance with the procedures envisaged for the adoption of a federal
constitutional law and come into force following the approval thereof by no
less than two-thirds of the subjects of the Russian Federation.
Article
137 [Republics, Regions, Territories]
(1) Changes to Article 65 of the Constitution which determines the
composition of the Russian Federation, are made on the basis of the federal
constitutional law on admission to the Russian Federation and the formation
within the Russian Federation of a new subject and on a change of the
constitutional-legal status of the subject of the Russian Federation.
(2) In the event of a change in the name of the republic, territory, region,
federal cities, autonomous region and autonomous area, the new name of the
subject of the Russian Federation is included in Article 65 of the Constitution.
[Part
II] Second Part: Concluding and Transitional Provisions
Section
1
(1) The Constitution comes into force from the day of its official
publication on the basis of the results of a nationwide vote.
(2) The election day, December 12, 1993 is considered the day of adoption of
the Constitution.
(3) Simultaneously, the Constitution (Fundamental Law) of the Russian
Federation - Russia, adopted 12 April, 1978, with the changes and amendments
that followed, ceases to be valid.
(4) In the event of a situation of nonconformity between the Constitution and
the Federal Treaty - the Agreement on the Delineation of Jurisdiction and
Powers between the Federal Bodies of State Power of the Russian Federation
and the Bodies
of State Power of the Sovereign Republics making up the Russian Federation,
the Agreement on the Delineation of Jurisdiction and Powers between the
Federal Bodies of State Power of the Russian Federation and Bodies of State
Power of the territories, regions, the cities of Moscow and St. Petersburg of
the Russian Federation, the Agreement on the Delineation of Jurisdiction and
Powers between the Federal Bodies of State Power of the Russian Federation
and Bodies of State power of the autonomous region, autonomous areas making
up the Russian Federation, and similarly other agreements between the Federal
Bodies of State Power of the Russian Federation and Bodies of State Power of
the subjects of the Russian Federation, agreements between Bodies of State
Power of the subjects of the Russian Federation, the provisions of the
Constitution apply.
Section
2
Laws and other legal acts in effect on the territory of the Russian
Federation until the enactment of this Constitution are enforced in so far as
they do not contravene the Constitution.
Section
3
The President of the Russian Federation, elected in accordance with the
Constitution (Fundamental Law) of the Russian Federation - Russia, from the
day this Constitution takes effect exercises the powers set down in the
Constitution until the end of his term for which he was elected.
Section
4
The Council of Ministers - the Government of the Russian Federation from the
day this Constitution takes effect assumes the rights, duties and
responsibilities of the Government of the Russian Federation set down in the
Constitution and in future is designated as the Government of the Russian
Federation.
Section
5
(1) Courts in the Russian Federation exercise the right to administer justice
in accordance with their powers as set down in this Constitution.
(2) After the Constitution takes effect the judges of all courts of the
Russian Federation preserve their powers until the end of their terms for
which they were elected. Vacancies are filled in accordance with the
procedures set down in this Constitution.
Section
6
(1) Until the adoption of a federal law setting forth the procedures for
trial by jury, the prior procedure for conducting trials is retained.
(2) Until the enforcement of criminal-procedural legislation of the Russian
Federation in accordance with the provisions of this Constitution, the prior
procedures of the arrest, custody and detention of individuals suspected of
committing crimes is maintained.
Section
7
The Federal Council and the House of Representatives [State Duma] of the
first convocation is elected for a two-year term.
Section
8
The Federation Council holds its first session on the 30th day after
election. The first session of the Federation Council is opened by the
President of the Russian Federation.
Section
9
(1) A deputy of the House of Representatives [State Duma] of the first
convocation may simultaneously be a member of the Government of the Russian
Federation. Deputies of the House of Representatives [State Duma] - members
of the Government of the Russian Federation - are not covered by the
provisions of this Constitution concerning deputies' immunity from
responsibility for their activities (or their lack of activity) connected
with the execution of their official duties.
(2) Deputies of the Federation Council of the first convocation exercise
their powers on a temporary basis.
© 1994 - 7. Jan.
2004 / For corrections please contact A. Tschentscher.
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