THE CONSTITUTION OF THE RUSSIAN
FEDERATION
We, the multinational people of the
Russian Federation, united by a common fate on our land, establishing human rights and
freedoms, civic peace and accord, preserving the historically
established state unity, proceeding from the universally
recognized principles of equality and self-determination of peoples, revering the memory of ancestors who
have conveyed to us the love for the Fatherland, belief in the good and
justice, reviving the sovereign statehood of
Russia and asserting the firmness of its democratic basic, striving to ensure the well-being and
prosperity of Russia, proceeding from the responsibility
for our Fatherland before the present and future generations, recognizing ourselves as part of the
world community, adopt the CONSTITUTION OF THE RUSSIAN FEDERATION.
FIRST SECTION: Main Provisions
CHAPTER 1. THE FUNDAMENTALS OF THE CONSTITUTIONAL
SYSTEM
Article 1
The Russian Federation - Russia is a
democratic federal law-bound State with a republican form of government.
The names "Russian
Federation" and "Russia" shall be equal.
Article 2
Man, his rights and freedoms are the
supreme value. The recognition, observance and protection of the rights and
freedoms of man and citizen shall be the obligation of the State.
Article 3
1. The bearer of sovereignty and the only source of power
in the Russian Federation shall be its multinational people.
2. The people shall exercise their power directly, and
also through the bodies of state power and local self-government.
3. The supreme direct expression of the power of the
people shall be referenda and free elections.
4. No one may usurp power in the Russian Federation.
Seizure of power or usurping state authority shall be prosecuted by federal
law.
Article 4
1. The sovereignty of the Russian Federation shall cover
the whole of its territory.
2. The Constitution of the Russian Federation and federal
laws shall have supremacy in the whole territory of the Russian Federation.
3. The Russian Federation shall ensure the integrity and
inviolability of its territory.
Article 5
1. The Russian Federation consists of Republics,
territories, regions, cities of federal importance, an autonomous region and
autonomous areas - equal subjects of the Russian Federation.
2. The Republic (State) shall have its own constitution
and legislation. The territory, region, city of federal importance, autonomous
region and autonomous area shall have its charter and legislation.
3. The federal structure of the Russian Federation is
based on its state integrity, the unity of the system of state authority, the
division of subjects of authority and powers between the bodies of state power
of the Russian Federation and bodies of state power of the subjects of the
Russian Federation, the equality and self-determination of peoples in the
Russian Federation.
4. In relations with federal bodies of state authority all
the subjects of the Russian Federation shall be equal among themselves.
Article 6
1. The citizenship of the Russian Federation shall be
acquired and terminated according to federal law; it shall be one and equal,
irrespective of the grounds of acquisition.
2. Every citizen of the Russian Federation shall enjoy in
its territory all the rights and freedoms and bear equal duties provided for by
the Constitution of the Russian Federation.
3. A citizen of the Russian Federation may be deprived of
his or her citizenship or of the right to change it.
Article 7
1. The Russian Federation is a social State whose policy
is aimed at creating conditions for a worthy life and a free development of
man.
2. In the Russian Federation the labour and health of
people shall be protected, a guaranteed minimum wages and salaries shall be
established, state support ensured to the family, maternity, paternity and
childhood, to disabled persons and the elderly, the system of social services developed,
state pensions, allowances and other social security guarantees shall be
established.
Article 8
1. In the Russian Federation guarantees shall be provided
for the integrity of economic space, a free flow of goods, services and
financial resources, support for competition, and the freedom of economic
activity.
2. In the Russian Federation recognition and equal
protection shall be given to the private, state, municipal and other forms of
ownership.
Article 9
1. Land and other natural resources shall be utilized and
protected in the Russian Federation as the basis of life and activity of the
people living in corresponding territories.
2. Land and other natural resources may be in private,
state, municipal and other forms of ownership.
Article 10
The state power in the Russian
Federation shall be exercised on the basis of its division into legislative,
executive and judicial power. The bodies of legislative, executive and judicial
power shall be independent.
Article 11
1. The state power in the Russian Federation shall be
exercised by the President of the Russian Federation, the Federal Assembly (the
Council of the Federation and the State Duma), the Government of the Russian
Federation, and the courts of the Russian Federation.
2. The state power in the subjects of the Russian
Federation shall be exercised by the bodies of state authority created by them.
3. The division of subjects of authority and power among
the bodies of state power of the Russian Federation and the bodies of state
power of the subjects of the Russian Federation shall be fixed by the given
Constitution, the Federal and other treaties on the delimitation of the
subjects of authority and powers.
Article 12
In the Russian Federation local
self-government shall be recognized and guaranteed. Local self-government shall
be independent within the limits of its authority. The bodies of local
self-government shall not be part of the system of bodies of state authority.
Article 13
1. In the Russian Federation ideological diversity shall
be recognized.
2. No ideology may be established as state or obligatory
one.
3. In the Russian Federation political diversity and
multi-party system shall be recognized.
4. Public associations shall be equal before the law.
5. The creation and activities of public associations
whose aims and actions are aimed at a forced change of the fundamental
principles of the constitutional system and at violating the integrity of the
Russian Federation, at undermining its security, at setting up armed units, and
at instigating social, racial, national and religious strife shall be
prohibited.
Article 14
1. The Russian Federation is a secular state. No religion
may be established as a state or obligatory one.
2. Religious associations shall be separated from the
State and shall be equal before the law.
Article 15
1. The Constitution of the Russian Federation shall have the
supreme juridical force, direct action and shall be used on the whole territory
of the Russian Federation. Laws and other legal acts adopted in the Russian
Federation shall not contradict the Constitution of the Russian Federation.
2. The bodies of state authority, the bodies of local
self-government, officials, private citizens and their associations shall be
obliged to observe the Constitution of the Russian Federation and laws.
3. Laws shall be officially published. Unpublished laws
shall not be used. Any normative legal acts concerning human rights, freedoms
and duties of man and citizen may not be used, if they are not officially
published for general knowledge.
4. The universally-recognized norms of international law
and international treaties and agreements of the Russian Federation shall be a
component part of its legal system. If an international treaty or agreement of
the Russian Federation fixes other rules than those envisaged by law, the rules
of the international agreement shall be applied.
Article 16
1. The provisions of the present chapter of the
Constitution comprise the fundamental principles of the constitutional system
of the Russian Federation, and may not be changed otherwise than according to
the rules established by the present Constitution.
2. No other provision of the present Constitution may
contradict the fundamental principles of the constitutional system of the
Russian Federation.
CHAPTER 2. RIGHTS AND FREEDOMS OF MAN
AND CITIZEN
Article 17
1. In the Russian Federation recognition and guarantees
shall be provided for the rights and freedoms of man and citizen according to
the universally recognized principles and norms of international law and
according to the present Constitution.
2. Fundamental human rights and freedoms are inalienable
and shall be enjoyed by everyone since the day of birth.
3. The exercise of the rights and freedoms of man and
citizen shall not violate the rights and freedoms of other people.
Article 18
The rights and freedoms of man and
citizen shall be directly operative. They determine the essence, meaning and
implementation of laws, the activities of the legislative and executive
authorities, local self-government and shall be ensured by the administration
of justice.
Article 19
1. All people shall be equal before the law and court.
2. The State shall guarantee the equality of rights and
freedoms of man and citizen, regardless of sex, race, nationality, language,
origin, property and official status, place of residence, religion,
convictions, membership of public associations, and also of other
circumstances. All forms of limitations of human rights on social, racial,
national, linguistic or religious grounds shall be banned.
3. Man and woman shall enjoy equal rights and freedoms and
have equal possibilities to exercise them.
Article 20
1. Everyone shall have the right to life.
2. Capital punishment until its complete elimination may
be envisaged by a federal law as an exclusive penalty for especially grave
crimes against life, and the accused shall be granted the right to have his
case examined by jurytrial.
Article 21
1. Human dignity shall be protected by the State. Nothing
may serve as a basis for its derogation.
2. No one shall be subject to torture, violence or other
severe or humiliating treatment or punishment. No one may be subject to
medical, scientific and other experiments without voluntary consent.
Article 22
1. Everyone shall have the right to freedom and personal
immunity.
2. Arrest, detention and remanding in custody shall be
allowed only by court decision. Without the court's decision a person may be
detained for a term more than 48 hours.
Article 23
1. Everyone shall have the right to the inviolability of
private life, personal and family secrets, the protection of honour and good
name.
2. Everyone shall have the right to privacy of
correspondence, of telephone conversations, postal, telegraph and other
messages. Limitations of this right shall be allowed only by court decision.
Article 24
1. The collection, keeping, use and dissemination of
information about the private life of a person shall not be allowed without his
or her consent.
2. The bodies of state authority and local self-government,
their officials shall ensure for everyone the possibility of acquainting with
the documents and materials directly affecting his or her rights and freedoms,
unless otherwise provided for by law.
Article 25
The home shall be inviolable. No one
shall have the right to get into a house against the will of those living
there, except for the cases established by a federal law or by court decision.
Article 26
1. Everyone shall have the right to determine and indicate
his nationality. No one may be forced to determine and indicate his or her
nationality.
2. Everyone shall have the right to use his or her native
language, to a free choice of the language of communication, upbringing,
education and creative work.
Article 27
1. Every who legally stays in the territory of the Russian
Federation shall have the right to free travel, choice of place of stay or
residence.
2. Everyone may freely leave the Russian Federation.
Citizens of the Russian Federation shall have the right to freely return to the
Russian Federation.
Article 28
Everyone shall be guaranteed the
freedom of conscience, the freedom of religion, including the right to profess
individually or together with other any religion or to profess no religion at
all, to freely choose, possess and disseminate religious and other views and
act according to them.
Article 29
1. Everyone shall be guaranteed the freedom of ideas and
speech.
2. The propaganda or agitation instigating social, racial,
national or religious hatred and strife shall not be allowed. The propaganda of
social, racial, national, religious or linguistic supremacy shall be banned.
3. No one may be forced to express his views and
convictions or to reject them.
4. Everyone shall have the right to freely look for,
receive, transmit, produce and distribute information by any legal way. The
list of data comprising state secrets shall be determined by a federal law.
5. The freedom of mass communication shall be guaranteed.
Censorship shall be banned.
Article 30
1. Everyone shall have the right to association, including
the right to create trade unions for the protection of his or her interests.
The freedom of activity of public association shall be guaranteed.
2. No one may be compelled to join any association and
remain in it.
Article 31
Citizens of the Russian Federation
shall have the right to assemble peacefully, without weapons, hold rallies,
meetings and demonstrations, marches and pickets.
Article 32
1. Citizens of the Russian Federation shall have the right
to participate in managing state affairs both directly and through their
representatives.
2. Citizens of the Russian Federation shall have the right
to elect and be elected to state bodies of power and local self-government
bodies, and also to participate in referenda.
3. Deprived of the right to elect and be elected shall be
citizens recognized by court as legally unfit, as well as citizens kept in
places of confinement by a court sentence.
4. Citizens of the Russian Federation shall enjoy equal
access to the state service.
5. Citizens of the expenditures shall have the right to
participate in administering justice.
Article 33
Citizens of the Russian Federation
shall have the right to address personally, as well as to submit individual and
collective appeals to state organs and local self-government bodies.
Article 34
1. Everyone shall have the right to a free use of his
abilities and property for entrepreneurial and economic activities not
prohibited by law.
2. The economic activity aimed at monopolization and
unfair competition shall not be allowed.
Article 35
1. The right of private property shall be protected by
law.
2. Everyone shall have the right to have property,
possess, use and dispose of it both personally and jointly with other people.
3. No one may be deprived of property otherwise than by a
court decision. Forced confiscation of property for state needs may be carried
out only on the proviso of preliminary and complete compensation.
4. The right of inheritance shall be guaranteed.
Article 36
1. Citizens and their associations shall have the right to
possess land as private property.
2. Possession, utilization and disposal of land and other
natural resources shall be exercised by the owners freely, if it is not
detrimental to the environment and does not violate the rights and lawful
interests of other people.
3. The terms and rules for the use of land shall be fixed
by a federal law.
Article 37
1. Labour is free. Everyone shall have the right to freely
use his labour capabilities, to choose the type of activity and profession.
2. Forced labour shall be banned.
3. Everyone shall have the right to labour conditions
meeting the safety and hygienic requirements, for labour remuneration without
any discrimination whatsoever and not lower than minimum wages and salaries
established by the federal law, as well as the right to protection against
unemployment.
4. Recognition shall be given to the right to individual
and collective labour disputes with the use of methods of their adjustment
fixed by the federal law, including the right to strike.
5. Everyone shall have the right to rest and license.
Those working by labour contracts shall be guaranteed the fixed duration of the
working time, days off and holidays, and the annual paid leave established by
the federal law.
Article 38
1. Maternity and childhood, and the family shall be
protected by the State.
2. Care for children, their upbringing shall be equally
the right and obligation of parents.
3. Able-bodied children over 18 years of age shall take
care of disabled parents.
Article 39
1. Everyone shall be guaranteed social security at the
expense of the State in old age, in case of an illness, disableness, loss of
the bread-winner, for upbringing of children and in other cases established by
law.
2. State pensions and social allowances shall be
established by law.
3. Promotion shall be given to voluntary social insurance
and the creation of additional forms of social security and charity.
Article 40
1. Everyone shall have the right to a home. No one may be
arbitrarily deprived of his or her home.
2. The bodies of state authority and local self-government
shall encourage housing construction and create conditions for exercising the
right to a home.
3. Low-income people and other persons mentioned in law
and in need of a home shall receive it gratis or for reasonable payment from
the state, municipal and other housing stocks according to the norms fixed by
law.
Article 41
1. Everyone shall have the right to health protection and
medical aid. Medical aid in state and municipal health establishments shall be
rendered to individuals gratis, at the expense of the corresponding budget,
insurance contributions, and other proceeds.
2. In the Russian Federation federal programmes of
protecting and strengthening the health of the population shall be financed by
the State; measures shall be adopted to develop state, municipal and private
health services; activities shall be promoted which facilitate the
strengthening of health, the development of physical culture and sport,
ecological and sanitary-epidemiological well-being.
3. The concealment by officials of the facts and circumstances
posing a threat to the life and health of people shall entail responsibility
according to the federal law.
Article 42
Everyone shall have the right to
favourable environment, reliable information about its state and for a
restitution of damage inflicted on his health and property by ecological
transgressions.
Article 43
1. Everyone shall have the right to education.
2. Guarantees shall be provided for general access to and
free pre-school, secondary and high vocational education in state or municipal
educational establishments and at enterprises.
3. Everyone shall have the right to receive on a
competitive basis a free higher education in a state or municipal educational
establishment and at an enterprise.
4. The basic general education shall be free of charge.
Parents or persons in law parents shall enable their children to receive a
basic general education.
5. The Russian Federation shall establish federal state
educational standards and support various forms of education and
self-education.
1. Everyone shall be guaranteed the freedom of literary,
artistic, scientific, technical and other types of creative activity, and
teaching. Intellectual property shall be protected by law.
2. Everyone shall have the right to participate in
cultural life and use cultural establishments and to an access to cultural
values.
3. Everyone shall be obliged to care for the preservation
of cultural and historical heritage and protect monuments of history and
culture.
Article 45
1. State protection of the rights and freedoms of man and
citizen shall be guaranteed in the Russian Federation.
2. Everyone shall be free to protect his rights and
freedoms by all means not prohibited by law.
Article 46
1. Everyone shall be guaranteed judicial protection of his
rights and freedoms.
2. Decisions and actions (or inaction) of bodies of state
authority and local self-government, public associations and officials may be
appealed against in court.
3. Everyone shall have the right to appeal, according to
international treaties of the Russian Federation, to international bodies for
the protection of human rights and freedoms, if all the existing internal state
means of legal protection have been exhausted.
Article 47
1. No one may be deprived of the right to the
consideration of his or her case in that court and by that judge in whose
cognizance the given case is according to law.
2. The accused of committing a crime shall have the right
to the examination of his case by a court of jury in cases envisaged by the
federal law.
Article 48
1. Everyone shall be guaranteed the right to qualified
legal assistance. In cases envisaged by law the legal assistance shall be free.
2. Any person detained, taken into custody, accused of
committing a crime shall have the right to receive assistance of a lawyer
(counsel for the defence) from the moment of detention, confinement in custody
or facing charges accordingly.
Article 49
1. Everyone accused of committing a crime shall be considered
innocent until his guilt is proved according to the rules fixed by the federal
law and confirmed by the sentence of a court which has come into legal force.
2. The accused shall not be obliged to prove his
innocence.
3. Unremovable doubts about the guilt of a person shall be
interpreted in favour of the accused.
Article 50
1. No one may be convicted twice for one and the same
crime.
2. In administering justice it shall not be allowed to use
evidence received by violating the federal law.
3. Everyone convicted for a crime shall have the right to
appeal against the judgement of a superior court according to the rules
envisaged by the federal law, as well as to ask for pardon or a mitigation of
punishment.
Article 51
1. No one shall be obliged to give incriminating evidence,
husband or wife and close relatives the range of whom is determined by the
federal law.
2. The federal law may envisage other cases of absolution
from the obligation to testify.
Article 52
The rights of victims of crimes and
of abuse of office shall be protected by law. The State shall provide access to
justice for them and a compensation for sustained damage.
Article 53
Everyone shall have the right for a
state compensation for damages caused by unlawful actions (inaction) of bodies
of state authority and their officials.
Article 54
1. A law introducing or aggravating responsibility shall
not have retrospective effect.
2. No one may bear responsibility for the action which was
not regarded as a crime when it was committed. If after violating law the
responsibility for that is eliminated or mitigated, a new law shall be applied.
Article 55
1. The listing in the Constitution of the Russian
Federation of the fundamental rights and freedoms shall not be interpreted as a
rejection or derogation of other universally recognized human rights and
freedoms.
2. In the Russian Federation no laws shall be adopted
cancelling or derogating human rights and freedoms.
3. The rights and freedoms of man and citizen may be
limited by the federal law only to such an extent to which it is necessary for
the protection of the fundamental principles of the constitutional system,
morality, health, the rights and lawful interests of other people, for ensuring
defence of the country and security of the State.
Article 56
1. In conditions of a state of emergency in order to
ensure the safety of citizens and the protection of the constitutional system
and in accordance with the federal constitutional law certain limitations may
be placed on human rights and freedoms with the establishment of their
framework and time period.
2. A state of emergency may be introduced in the whole
territory of the Russian Federation and in its certain parts in case there are
circumstances and according to the rules fixed by the federal constitutional
law.
3. The rights and freedoms envisaged in Articles 20, 21,
23 (the first part), 24, 28, 34 (the first part), 40 (the first part), 46-54 of
the Constitution of the Russian Federation, shall not be liable to limitations.
Article 57
Everyone shall be obliged to pay the
legally established taxes and dues. Laws introducing new taxes or deteriorating
the position of taxpayers may not have retroactive effect.
Article 58
Everyone shall be obliged to preserve
nature and the environment, carefully treat the natural wealth.
Article 59
1. Defence of the Fatherland shall be a duty and
obligation of citizens of the Russian Federation.
2. A citizen shall carry out military service according to
the federal law.
3. A citizen of the Russian Federation shall have the
right to replace military service by alternative civilian service in case his
convictions or religious belief contradict military service and also in other
cases envisaged by the federal law.
Article 60
A citizen of the Russian Federation
may exercise his or her rights and duties in full from the age of 18.
Article 61
1. A citizen of the Russian Federation may not be deported
from Russia or extradited to another State.
2. The Russian Federation shall guarantee to its citizens
protection and patronage abroad.
Article 62
1. A citizen of the Russian Federation may have the
citizenship of a foreign State (dual citizenship) according to the federal law
or an international agreement of the Russian Federation.
2. The possession of a foreign citizenship by a citizen of
the Russian Federation shall not derogate his rights and freedoms and shall not
free him from the obligations stipulated by the Russian citizenship, unless
otherwise provided for by federal law or an international agreement of the
Russian Federation.
3. Foreign nationals and stateless persons shall enjoy in
the Russian Federation the rights and bear the obligations of citizens of the
Russian Federation, except for cases envisaged by the federal law or the
international agreement of the Russian Federation.
Article 63
1. The Russian Federation shall grant political asylum to
foreign nationals and stateless persons according to the universally recognized
norms of international law.
2. In the Russian Federation it shall not be allowed to
extradite to other States those people who are persecuted for political
convictions, as well as for actions (or inaction) not recognized as a crime in
the Russian Federation. The extradition of people accused of a crime, and also
the handover of convicts for serving sentences in other States shall be carried
out on the basis of the federal law or the international agreement of the
Russian Federation.
Article 64
The provisions of the present chapter
comprise the basis of the legal status of the individual in the Russian
Federation and may not be changed otherwise then according to the rules
introduced by the present Constitution.
CHAPTER 3. THE FEDERAL STRUCTURE
Article 65
1. The Russian Federation includes the following subjects
of the Russian Federation:
Republic of Adygeya, Republic of Altai,
Republic of Bashkortostan, Republic of Buryatia, Republic of Daghestan,
Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia,
Karachayevo-Circassian Republic, Republic of Karelia, Komi Republic, Republic
of Mari El, Republic of Mordovia, Republic of Sakha (Yakutia), Republic of
North Ossetia - Alania, Republic of Tatarstan, Republic of Tuva, Udmurtian
Republic, Republic of Khakassia, Chechen Republic, Chuvash Republic;
Altai Territory, Trans-Baikal
Territory, Kamchatka Territory, Krasnodar Territory, Krasnoyarsk Territory,
Perm Territory, Primorye Territory, Stavropol Territory, Khabarovsk Territory;
Amur Region, Arkhangelsk Region,
Astrakhan Region, Belgorod Region, Bryansk Region, Chelyabinsk Region, Ivanovo
Region, Irkutsk Region, Kaliningrad Region, Kaluga 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, Orel
Region, Penza Region, Pskov Region, Rostov Region, Ryazan Region, Samara
Region, Saratov Region, Sakhalin Region, Sverdlovsk Region, Smolensk Region,
Tambov Region, Tomsk Region, Tver Region, Tula Region, Tyumen Region, Ulyanovsk
Region, Vladimir Region, Volgograd Region, Vologda Region, Voronezh Region,
Yaroslavl Region;
Moscow, St. Petersburg - cities of
federal importance;
Jewish Autonomous Region;
Nenets Autonomous Area, Khanty-Mansi
Autonomous Area - Yugra, Chukotka Autonomous Area, Yamal-Nenets Autonomous Area.
2. The admission to the Russian Federation and the
creation in it of a new subject shall be carried out according to the rules
established by the federal constitutional law.
Article 66
1. The status of a Republic shall be determined by the
Constitution of the Russian Federation and the Constitution of the Republic.
2. The status of a territory, region, city of federal
importance, autonomous region and autonomous area shall be determined by the
Constitution of the Russian Federation and the Charter of the territory,
region, city of federal importance, autonomous region or autonomous area,
adopted by the legislative (representative) body of the corresponding subject
of the Russian Federation.
3. Upon the proposal of the legislative and executive
bodies of the autonomous region or autonomous area a federal law on autonomous
region or autonomous area may be adopted.
4. The relations between the autonomous area within a
territory or region may be regulated by the federal law or a treaty between the
bodies of state authority of the autonomous area and, accordingly, the bodies
of state authority of the territory or region.
5. The status of a subject of the Russian Federation may
be changed upon mutual agreement of the Russian Federation and the subject of
the Russian Federation and according to the federal constitutional law.
Article 67
1. The territory of the Russian Federation shall include
the territories of its subjects, inland waters and territorial sea, and the air
space over them.
2. The Russian Federation shall possess sovereign rights
and exercise the jurisdiction on the continental shelf and in the exclusive
economic zone of the Russian Federation according to the rules fixed by the
federal law and the norms of international law.
3. The borders between the subjects of the Russian
Federation may be changed upon their mutual consent.
Article 68
1. The Russian language shall be a state language on the
whole territory of the Russian Federation.
2. The Republics shall have the right to establish their
own state languages. In the bodies of state authority and local
self-government, state institutions of the Republics they shall be used together
with the state language of the Russian Federation.
3. The Russian Federation shall guarantee to all of its
peoples the right to preserve their native language and to create conditions
for its study and development.
Article 69
The Russian Federation shall
guarantee the rights of the indigenous small peoples according to the
universally recognized principles and norms of international law and
international treaties and agreements of the Russian Federation.
Article 70
1. The state flag, coat of arms and anthem of the Russian
Federation, their description and rules of official use shall be established by
the federal constitutional law.
The capital of the Russian Federation
is the city of Moscow. The status of the capital shall be determined by the
federal law.
Article 71
The jurisdiction of the Russian
Federation includes:
a) adoption and amending of the
Constitution of the Russian Federation and federal laws, control over their
observance;
b) federal structure and the territory
of the Russian Federation;
c) regulation and protection of the
rights and freedoms of man and citizen; citizenship in the Russian Federation,
regulation and protection of the rights of national minorities;
d) establishment of the system of
federal bodies of legislative, executive and judicial authority, the rules of
their organization and activities, formation of federal bodies of state
authority;
e) federal state property and its
management;
f) establishment of the principles of
federal policy and federal programmes in the sphere of state, economic,
ecological, social, cultural and national development of the Russian
Federation;
g) establishment of legal groups for
a single market; financial, currency, credit, and customs regulation, money
issue, the principles of pricing policy; federal economic services, including
federal banks;
h) federal budget, federal taxes and
dues, federal funds of regional development;
i) federal power systems, nuclear
power-engineering, fission materials, federal transport, railways, information
and communication, outer space activities;
j) foreign policy and international
relations of the Russian Federation, international treaties and agreements of
the Russian Federation, issues of war and peace;
k) foreign economic relations of the
Russian Federation;
l) defence and security; military
production; determination of rules of selling and purchasing weapons,
ammunition, military equipment and other military property; production of
poisonous substances, narcotic substances and rules of their use;
m) determination of the status and
protection of the state border, territorial sea, air space, exclusive economic
zone and continental shelf of the expenditures;
n) judicial system, procurator's
office, criminal, criminal procedure and criminal-executive legislation,
amnesty and pardoning , civil, civil procedure and arbitration procedure
legislation, legal regulation of intellectual property;
o) federal law of conflict of laws;
p) meteorological service, standards,
metric system, horometry accounting, geodesy and cartography, names of
geographical units, official statistics and accounting;
q) state awards and honourary titles
of the Russian Federation;
r) federal state service.
Article 72
1. The joint jurisdiction of the Russian Federation and
the subjects of the Russian Federation includes:
a) providing for the correspondence
of the constitutions and laws of the Republics, the charters and other
normative legal acts of the territories, regions, cities of federal importance,
autonomous regions or autonomous areas to the Constitution of the Russian
Federation and the federal laws;
b) protection of the rights and freedoms of man and
citizen; protection of the rights of national minorities; ensuring the rule of
law, law and order, public security, border zone regime;
c) issues of possession, use and
disposal of land, subsoil, water and other natural resources;
d) delimitation of state property;
e) nature utilization, protection of
the environment and ensuring ecological safety; specially protected natural
territories, protection of historical and cultural monuments;
f) general issues of upbringing,
education, science, culture, physical culture and sports;
g) coordination of issues of health
care; protection of the family, maternity, paternity and childhood; social
protection, including social security;
h) carrying out measures against
catastrophes, natural calamities, epidemics, elimination of their aftermath;
i) establishment of common principles
of taxation and dues in the Russian Federation;
j) administrative, administrative
procedure, labour, family, housing, land, water, and forest legislation;
legislation on subsoil and environmental protection;
k) personnel of the judicial and law
enforcement agencies; the Bar, notaryship;
l) protection of traditional living
habitat and of traditional way of life of small ethnic communities;
m) establishment of common principles
of organization of the system of bodies of state authority and local
self-government;
n) coordination of international and
foreign economic relations of the subjects of the Russian Federation,
fulfillment of international treaties and agreements of the Russian Federation.
2. Provisions of this Article shall be equally valid for
the Republics, territories, regions, cities of federal importance, autonomous
regions or autonomous areas.
Article 73
Outside the limits of authority of
the Russian Federation and the powers of the Russian Federation on issues under
joint jurisdiction of the Russian Federation and the subjects of the Russian
Federation, the subjects of the Russian Federation shall possess full state
power.
Article 74
1. In the territory of the Russian Federation it shall not
be allowed to establish customs borders, dues or any other barriers for a free
flow of goods, services and financial resources.
2. Limitations on the transfer of goods and services may
be introduced according to the federal law, if it is necessary to ensure security,
protect the life and health of people, protect nature and cultural values.
Article 75
1. The monetary unit in the Russian Federation shall be
the rouble. Money issue shall be carried out exclusively by the Central Bank of
the Russian Federation. Introduction and issue of other currencies in Russia
shall not be allowed.
2. The protection and ensuring the stability of the rouble
shall be the major task of the Central Bank of the Russian Federation, which it
shall fulfil independently of the other bodies of state authority.
3. The system of taxes paid to the federal budget and the
general principles of taxation and dues in the Russian Federation shall be
fixed by the federal law.
4. State loans shall be issued according to the rules
fixed by the federal law and shall be floated on a voluntary basis.
Article 76
1. On the issues under the jurisdiction of the Russian
Federation federal constitutional laws and federal laws shall be adopted and
have direct action in the whole territory of the Russian Federation.
2. On the issues under the joint jurisdiction of the
Russian Federation and subjects of the Russian Federation federal laws shall
issued and laws and other normative acts of the subjects of the Russian
Federation shall be adopted according to them.
3. Federal laws may not contradict the federal
constitutional laws.
4. Outside the limits of authority of the Russian
Federation, of the joint jurisdiction of the Russian Federation and the
subjects of the Russian Federation, the Republics, territories, regions, cities
of federal importance, autonomous regions or autonomous areas shall exercise
their own legal regulation, including the adoption of laws and other normative
acts.
5. The laws and other legislative acts of the subjects of
the Russian Federation may not contradict the federal laws adopted according to
the first and second parts of this Article. In case of a contradiction between
a federal law and an act issued in the Russian Federation the federal law shall
be applied.
6. In case of a contradiction between a federal law and a
normative act of a subject of the Russian Federation adopted according to the
fourth part of this Article, the normative legal act of the subject of the
Russian Federation shall be applied.
Article 77
1. The system of bodies of state authority of the
Republics, territories, regions, cities of federal importance, autonomous
regions or autonomous areas shall be established by the subjects of the Russian
Federation independently and according to the principles of the constitutional
system of the Russian Federation and the general principles of the organization
of representative and executive bodies of state authority fixed by federal law.
2. Within the limits of jurisdiction of the Russian
Federation and the powers of the Russian Federation on the issue under the
joint jurisdiction of the Russian Federation and the subjects of the Russian
Federation the federal bodies of executive authority and the bodies of
executive authority of the subjects of the Russian Federation shall make up a
single system of executive power of the Russian Federation.
Article 78
1. The federal bodies of executive power in order to
exercise their powers may create their own territorial organs and appoint
corresponding officials.
2. The federal bodies of executive power by agreement with
the bodies of executive power of the subjects of the Russian Federation may
transfer to them the fulfillment of a part of their powers, if it does not
contradict the Constitution of the Russian Federation and the federal laws.
3. The bodies of executive power of the subjects of the
Russian Federation by agreement with the federal bodies of executive authority
may transfer to them the fulfillment of a part of their powers.
4. The President of the Russian Federation and the
Government of the Russian Federation shall ensure, according to the
Constitution of the Russian Federation, the implementation of the powers of the
federal state authority in the whole territory of the Russian Federation.
Article 79
The Russian Federation may
participate in interstate associations and transfer to them part of its powers
according to international treaties and agreements, if this does not involve
the limitation of the rights and freedoms of man and citizen and does not
contradict the principles of the constitutional system of the Russian
Federation.
CHAPTER 4. THE PRESIDENT OF THE
RUSSIAN FEDERATION
Article 80
1. The President of the Russian Federation shall be the
head of the State.
2. The President of the Russian Federation shall be
guarantor of the Constitution of the Russian Federation, of the rights and
freedoms of man and citizen. According to the rules fixed by the Constitution
of the Russian Federation, he shall adopt measures to protect the sovereignty
of the Russian Federation, its independence and state integrity, ensure
coordinated functioning and interaction of all the bodies of state power.
3. According to the Constitution of the Russian Federation
and the federal laws the President of the Russian Federation shall determine
the guidelines of the internal and foreign policies of the State.
4. As the head of the State the President of the Russian
Federation represent the Russian Federation within the country and in
international relations.
Article 81
1. The President of the Russian Federation shall be
elected for six years by citizens of the Russian Federation on the basis of
universal, equal, direct suffrage by secret ballot.
2. Any citizen of the Russian Federation not younger than
35 years of age and with a permanent residence record in the Russian Federation
of not less than 10 years may be elected President of the Russian Federation.
3. One and the same person may not be elected President of
the Russian Federation for more than two terms running.
4. The rules of electing the President of the Russian
Federation shall determined by the federal law.
Article 82
1. When taking office the President of the Russian
Federation shall take the following oath of loyalty to the people:
"I swear in exercising the
powers of the President of the Russian Federation to respect and safeguard the
rights and freedoms of man and citizen, to observe and protect the Constitution
of the Russian Federation, to protect the sovereignty and independence,
security and integrity of the State, to faithfully serve the people".
2. The oath shall be taken in a solemn atmosphere in the
presence of members of the Council of the Federation, deputies of the State
Duma and judges of the Constitution Court of the Russian Federation.
Article 83
The President of the Russian Federation
shall:
a) appoint by agreement with the
State Duma the Chairman of the Government of the Russian Federation;
b) have the right to chair meetings
of the Government of the Russian Federation;
c) adopt decision on the registration
of the Government of the Russian Federation;
d) present to the State Duma a
candidate for the appointment to the post of the Chairman of the Central Bank
of the Russian Federation, raise before the State Duma the issue of dismissing
the Chairman of the Central Bank of the Russian Federation;
e) on the proposal by the Chairman of
the Government of the Russian Federation appoint and dismiss deputy chairmen of
the Government of the Russian Federation and federal ministers;
f) present to the Council of the
Federation candidates for appointment as judges of the Constitution Court of
the Russian Federation, the Supreme Court of the Russian Federation, the Higher
Court of Arbitration of the Russian Federation, as well as a candidate for the
post of the Procurator-General of the Russian Federation; appoint judges of
other federal courts;
g) form and head the Security Council
of the Russian Federation, the status of which is determined by the federal
law;
h) approve the military doctrine of
the Russian Federation;
i) form the Administration 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) after consultations with
corresponding committees and commissions of the chambers of the Federal
Assembly appoint and recall diplomatic representatives of the Russian
Federation in foreign States and international organizations.
Article 84
The President of the Russian Federation
shall:
a) announce elections to the State
Duma according to the Constitution of the Russian Federation and the federal
law;
b) dissolve the State Duma in cases
and according to the rules fixed by the Constitution of the Russian Federation;
c) announce a referendum according to
the rules fixed by the federal constitutional law;
d) submit bills to the State Duma;
e) sign and make public the federal
laws;
f) address the Federal Assembly with
annual messages on the situation in the country, on the guidelines of the
internal and foreign policy of the State.
Article 85
1. The President of the Russian Federation may use
conciliatory procedures to solve disputes between the bodies of state authority
of the Russian Federation and bodies of state authority of the subjects of the
Russian Federation, as well as between bodies of state authority of the
subjects of the Russian Federation. In case no agreed decision is reached, he
shall have the right to submit the dispute for the consideration of a corresponding
court.
2. The President of the Russian Federation shall have the
right to suspend acts of the Bodies of executive power of the subjects of the
Russian Federation in case these acts contradict the Constitution of the
Russian Federation and the federal laws, international commitments of the
Russian Federation or violate the rights and freedoms of man and citizen until
the issue is solved by a corresponding court.
Article 86
The President of the Russian
Federation shall:
a) govern the foreign policy of the
Russian Federation;
b) hold negotiations and sign
international treaties and agreements of the Russian Federation;
c) sign ratification instruments;
d) received credentials and letters
of recall of diplomatic representatives accredited to him.
Article 87
1. The President of the Russian Federation shall be the
Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.
2. In case of an aggression against the Russian Federation
or of a direct threat of aggression the President of the Russian Federation
shall introduce in the territory of the Russian Federation or in its certain
parts a martial law and immediately inform the Council of the Federation and
the State Duma about this .
3. The regime of the martial law shall be defined by the
federal constitutional law.
Article 88
The President of the Russian
Federation, in circumstances and according to the rules envisaged by the
federal constitutional law, shall introduce a state of emergency in the
territory of the Russian Federation or in its certain parts and immediately
inform the Council of the Federation and the State Duma about this.
Article 89
The President of the Russian
Federation shall:
a) solve the issues of citizenship of
the Russian Federation and of granting political asylum;
b) decorate with state awards of the
Russian Federation, award honourary titles of the Russian Federation, higher
military and higher special ranks;
c) decide on pardoning.
Article 90
1. The President of the Russian Federation shall issue
decrees and orders.
2. The decrees and orders of the President of the Russian
Federation shall be obligatory for fulfillment in the whole territory of the
Russian Federation.
3. Decrees and orders of the President of the Russian
Federation shall not run counter to the Constitution of the Russian Federation
and the federal laws.
Article 91
The President of the Russian
Federation shall possess immunity.
Article 92
1. The President of the Russian Federation shall take up
his powers since the moment of taking the oath of loyalty and cease to fulfil
them with the expiration of the term of office and from the moment a
newly-elected president is sworn in.
2. The President of the Russian Federation shall cease to
exercise his powers short of the term in case of his resignation, stable
inability because of health reasons to exercise the powers vested in him or in
case of impeachment. In this case the election of the President of the Russian
Federation shall take place not later than three months since the termination
of the powers short of the term.
3. In all cases when the President of the Russian
Federation is incapable of fulfilling his duties, they shall temporarily
fulfilled by the Chairman of the Government of the Russian Federation. The
Acting President of the Russian Federation shall have no right to dissolve the
State Duma, appoint a referendum, and also provisions of the Constitution of
the Russian Federation.
Article 93
1. The President of the Russian Federation may be
impeached by the Council of the Federation only on the basis of the charges of
high treason or another grave crime, advanced by the State Duma and confirmed
by the conclusion of the Supreme Court of the Russian Federation on the
presence of the elements of crime in the actions of the President of the
Russian Federation and by the conclusion of the Constitution Court of the
Russian Federation confirming that the rules of advancing the charges were
observed.
2. The decision of the State Duma on advancing charges and
the decision of the Council of the Federation on impeaching the President shall
be adopted by two thirds of the votes of the total number of members of each
chamber and on the initiative of not less than one third of the deputies of the
State Duma and with the conclusion of a special commission set up by the State
Duma.
3. The decision of the Council of the Federation on
impeaching the President of the Russian Federation shall be adopted not later
than three months after the State Duma advanced the charges against the
President. If a decision of the Council of the Federation is not adopted during
this time, the charges against the President shall be regarded as rejected.
CHAPTER 5. THE FEDERAL ASSEMBLY
Article 94
The Federal Assembly - the parliament
of the Russian Federation - shall be the representative and legislative body of
the Russian Federation.
Article 95
1. The Federal Assembly consists of two chambers - the
Council of the Federation and the State Duma.
2. The Council of the Federation includes two
representatives from each subject of the Russian Federation: one from the
legislative and one from the executive body of state authority.
3. The State Duma consists of 450 deputies.
Article 96
1. The State Duma shall be elected for a term of five
years.
2. The rules of forming the Council of the Federation and
the rules of electing deputies to the State Duma shall be introduced federal
laws.
Article 97
1. A citizen of the Russian Federation over 21 years of
age and with the right to participate in elections may be elected deputy of the
State Duma.
2. One and the same person may not be simultaneously a
member of the Council of the Federation and a deputy of the State Duma. A
deputy of the State Duma may not be a deputy of other representative bodies of
state authority and local self-government.
3. Deputies of the State Duma shall work on a permanent
professional basis. Deputies of the State Duma may not be employed in the state
service, engage in other paid activities, except for teaching, scientific and
other creative work.
Article 98
1. Members of the Council of the Federation and deputies
of the State Duma shall possess immunity during the whole term of their
mandate. They may not be detained, arrested, searched, except for cases of
detention at the site of crime. They may not be personally inspected, except
for the cases envisaged by the federal law in order to ensure the safety of
other people.
2. The issue of depriving immunity shall be solved upon
the proposal of the Procurator General of the Russian Federation to the
corresponding chamber of the Federal Assembly.
Article 99
1. The Federal Assembly shall work on a permanent basis.
2. The State Duma shall be convened at its first sitting
on the thirtieth day after the elections. The President of the Russian
Federation may convene a sitting of the State Duma earlier then the mentioned
time.
3. The first sitting of the State Duma shall be opened by
the oldest deputy.
4. Since the time the State Duma of a new convocation
begins to work the mandate of the State Duma of the previous convocation shall
expire.
Article 100
1. The Council of the Federation and the State Duma shall
hold separate sittings.
2. Sittings of the Council of the Federation and of the
State Duma shall open. In cases envisaged by procedural rules the chambers
shall have the right to hold closed-door sittings.
3. The chambers may hold joint sittings for the
consideration of the messages of the President of the Russian Federation, the
messages of the Constitution Court of the Russian Federation, and speeches of
leaders of foreign states.
Article 101
1. The Council of the Federation shall elect from among
its deputies the Chairman of the Council of the Federation and his deputies.
The State Duma shall elect from among its deputies the Chairman of the State
Duma and his deputies.
2. The Chairman of the Council of the Federation and his
deputes, the Chairman of the State Duma and his deputies chair sittings and
shall be in charge of the internal routine work of the respective chamber.
3. The Council of the Federation and the State Duma shall
set up committees and commissions, hold parliamentary hearings on issues in
their authority.
4. Each of the chambers shall adopt its procedural rules
and solve issues of procedure for its work.
5. For controlling the implementation of the federal
budget the Council of the Federation and the State Duma shall create the
Accounting Chamber, the composition and the rules of work of which are fixed by
the federal law.
Article 102
1. The jurisdiction of the Council of the Federation
includes:
a) approval of changes in borders
between subjects of the Russian Federation;
b) approval of the decree of the
President of the Russian Federation on the introduction of a martial law;
c) approval of the decree of the
President of the Russian Federation on the introduction of a state of
emergency;
d) deciding on the possibility of
using the Armed Forces of the Russian Federation outside the territory of the
Russian Federation;
e) appointment of elections of the
President of the Russian Federation;
f) impeachment of the President of
the Russian Federation;
g) appointment of judges of the
Constitution Court of the Russian Federation, of the Supreme Court of the
Russian Federation, of the Higher Arbitration Court of the Russian Federation;
h) appointment and dismissal of the
Procurator-General of the Russian Federation;
i) appointment and dismissal of
Deputy Chairman and half of the auditors of the all Accounting Chamber.
2. The Council of the Federation shall adopt resolutions
on the issues referred to its authority by the Constitution of the Russian
Federation.
3. Resolution of the Council of the Federation shall be
adopted by a majority of the total number of the members of the Council of the
Federation, if other rules for adopting decisions are not envisaged by the
Constitution of the Russian Federation.
Article 103
1. The jurisdiction of the State Duma includes:
a) approval of changes in borders
between subjects of the Russian Federation;
b) approval of the decree of the
President of the Russian Federation on the introduction of a martial law;
c) approval of the decree of the
President of the Russian Federation on the introduction of a state of
emergency;
d) deciding on the possibility of
using the Armed Forces of the Russian Federation outside the territory of the
Russian Federation;
e) appointment of elections of the
President of the Russian Federation;
f) impeachment of the President of
the Russian Federation;
g) appointment of judges of the
Constitution Court of the Russian Federation, of the Supreme Court of the
Russian Federation, of the Higher Arbitration Court of the Russian Federation;
h) appointment and dismissal of the
Procurator-General of the Russian Federation;
i) appointment and dismissal of
Deputy Chairman and half of the auditors of the all Accounting Chamber.
2. The State Duma shall adopt resolutions on the issues
referred to its authority by the Constitution of the Russian Federation.
3. Resolutions of the State Duma shall be adopted by a
majority of the total number of the deputies of the State Duma, if other rules
for adopting decisions are not stipulated by the Constitution of the Russian
Federation.
Article 104
1. The power to initiate legislation shall belong to the
President of the Russian Federation, the Council of the Federation, the members
of the Council of the Federation, the deputies of the State Duma, the
Government of the Russian Federation, and the legislative (representative)
bodies of the subjects of the Russian Federation. The power to initiate
legislation shall also belong to the Constitution Court of the Russian
Federation, the Supreme Court of the Russian Federation, the Higher Arbitration
Court of the Russian Federation on the issues in their authority.
2. Bills shall be submitted to the State Duma.
3. Bills on the introduction or cancellation of taxes, on
exemption from their payment, on the issue of state loans, on changes in the
financial obligations of the State, and other bills envisaging expenses covered
from the federal budget may be submitted only upon the conclusion of the
Government of the Russian Federation.
Article 105
1. Federal laws shall be adopted by the State Duma.
2. Federal laws shall be adopted by a majority of votes of
the total number of the deputies of the State Duma, unless otherwise envisaged
by the Constitution of the Russian Federation.
3. The federal laws adopted by the State Duma shall be
submitted in five days for the consideration of the Council of the Federation.
4. A federal law shall be considered to be approved by the
Council of the Federation, if over a half of the total number of the members of
the chamber have voted for it or if the Council of the Federation does not
consider it in fourteen days. In case the Council of the Federation rejects a
law, the chambers may create a conciliatory commission for overcoming the
contradictions that arose, after which the federal law shall be recognized by
the State Duma.
5. In case the State Duma disagrees with the decision of
the Council of the Federation, a federal law shall be considered adopted, if
during the second vote not less than two thirds of the total number of the
deputies of the State Duma supported it.
Article 106
Liable to obligatory consideration by
the Council of the Federation shall be the federal laws adopted by the State
Duma on the following issues:
a) federal budget;
b) federal taxes and dues;
c) financial, currency, credit,
customs regulation, and money issue;
d) ratification and denunciation of
international treaties and agreements of the Russian Federation;
e) the status and protection of the
state border of the Russian Federation;
f) peace and war.
Article 107
1. The adopted federal law shall be submitted in five days
to the President of the Russian Federation for signing and making it public.
2. The President of the Russian Federation shall sign the
federal law and make it public in fourteen days.
3. If in fourteen days since the moment of receiving the
federal law the President rejects it, the State Duma and the Council of the
Federation shall reconsider the given law according to the rules fixed by the
Constitution of the Russian Federation. If during the second vote the law is
approved in the earlier adopted wording by not less than two thirds of the
total number of the members of the Council of the Federation and of the
deputies of the State Duma, it shall be signed by the President in seven days
and made public.
Article 108
1. Federal constitutional laws shall be adopted on the
issues envisaged by the Constitution of the Russian Federation.
2. A federal constitutional law shall be considered to be
adopted, if it is approved by not less than three fourths of the total number
of the members of the Council of the Federation and not less than two thirds of
the total number of the deputies of the State Duma. The adopted federal
constitutional law shall be signed by the President of the Russian Federation
in fourteen days and made public.
Article 109
1. The State Duma may be dissolved by the President of the
Russian Federation in cases envisaged in Articles 111 and 117 of the
Constitution of the Russian Federation.
2. In case the State Duma is dissolved, the President of
the Russian Federation shall appoint the date of election so that a
newly-elected State Duma could meet not later than four months since the moment
of dissolution.
3. The State Duma may not be dissolved on the grounds
envisaged in Article 117 of the Constitution of the Russian Federation during a
year after it was elected.
4. The State Duma may not be dissolved from the moment it
advances charges against the President of the Russian Federation until the
Council of the Federation adopts a decision on the issue.
5. The State Duma may not be dissolved while a state of
emergency or a martial law operate in the whole territory of the Russian
Federation, as well as during six months before the term of office of the
President expires.
CHAPTER 6. THE GOVERNMENT OF THE
RUSSIAN FEDERATION
Article 110
1. The executive power in Russia shall be 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 Chairman of
the Government of the Russian Federation and federal ministries.
Article 111
1. The Chairman of the Government of the Russian
Federation shall be appointed by the President of the Russian Federation with
the consent of the State Duma.
2. The proposal on the candidate to the post of the
Chairman of the Government of the Russian Federation shall be submitted not
later than two weeks after a newly-elected President of the Russian Federation
takes office or after the resignation of the Government of the Russian
Federation or one week after the State Duma rejects the candidate.
3. The State Duma shall consider the candidate nominated
by the President of the Russian Federation for the post of the Chairman of the
Government of the Russian Federation during week after the submission of the
nomination.
4. In case the State Duma rejects three times the
candidates for the post of the Chairman of the Government of the Russian
Federation, dissolve the State Duma and appoint new elections.
Article 112
1. Not later than a week after appointment shall submit to
the President of the Russian Federation proposals on the structure of the
federal bodies of executive power.
2. The Chairman of the Government of the Russian
Federation shall propose to the President of the Russian Federation candidates
for the posts of Deputy chairmen of the Government of the Russian Federation
and federal ministries.
Article 113
According to the Constitution of the
Russian Federation, the federal laws and decrees of the President of the
Russian Federation the Chairman of the Government of the Russian Federation
shall determine the guidelines of the activities of the Government of the
Russian Federation and organize its work.
Article 114
1. The Government of the Russian Federation shall:
a) develop and submit to the State
Duma a federal budget and provide for its implementation; shall submit to the
State Duma a report on the implementation of the federal budget; and shall
submit to the State Duma annual reports on the results of its work, including
on issues raised by the State Duma;
b) ensure the implementation in the
Russian Federation of a single financial, credit and monetary policy;
c) ensure the implementation in the
Russian Federation of a single state policy in the sphere of culture, science,
education, health protection, social security and ecology;
d) manages the federal property;
e) carry out measures to secure the
defence of the country, the state security, and the implementation of the
foreign policy of the Russian Federation;
f) implement measures to ensure the
rule of law, human rights and freedoms, protection of property and public
order, and crime control;
g) exercise other powers vested in it
by the Constitution of the Russian Federation, the federal laws and decrees of
the President of the Russian Federation.
2. The rules of activities of the Government of the
Russian Federation shall be determined by the federal constitutional law.
Article 115
1. On the basis and for the sake of implementation of the
Constitution of the Russian Federation, the federal laws, normative decrees of
the President of the Russian Federation the Government of the Russian
Federation shall issue decisions and orders and ensures their implementation.
2. The decisions and orders of the Government of the
Russian Federation shall be obligatory for fulfillment in the Russian
Federation.
3. The decisions and orders of the Government of the
Russian Federation, if they are inconsistent with the Constitution of the
Russian Federation, federal laws and decrees of the President of the Russian
Federation, may be cancelled by the President of the Russian Federation.
Article 116
The Government of the Russian Federation
shall resign before a newly-elected President of the Russian Federation.
Article 117
1. The Government of the Russian Federation may offer to
resign and the President of the Russian Federation either shall accept or
reject the resignation.
2. The President of the Russian Federation may take a
decision on the resignation of the Government of the Russian Federation.
3. The State Duma may express no-confidence to the
Government of the Russian Federation. A no-confidence resolution shall be
adopted by a majority of votes of the total number of the deputies of the State
Duma. After the State Duma expresses no-confidence to the Government of the
Russian Federation, the President of the Russian Federation shall be free to
announce the resignation of the Government or to reject the decision of the
State Duma. In case the State Duma again expresses no-confidence to the
Government of the Russian Federation during three months, the President of the
Russian Federation shall announce the resignation of the Government or dissolve
the State Duma.
4. The Chairman of the Government of the Russian
Federation may raise before the State Duma the issue of no-confidence to the
Government of the Russian Federation. If the State Duma votes no-confidence,
the President shall adopt in seven days a decision on the resignation of the
Government of the Russian Federation or dissolve the State Duma and announce
new elections.
5. In case of a resignation of the Government of the Russian
Federation it shall continue to work on the instruction of the President of the
Russian Federation until a new Government of the Russian Federation is formed.
CHAPTER 7. JUDICIAL POWER
Article 118
1. Justice in the Russian Federation shall be administered
by courts alone.
2. The judicial power shall be exercised by means of
constitutional, civil, administrative and criminal proceedings.
3. The judicial system of the Russian Federation shall be
instituted by the Constitution of the Russian Federation and the federal
constitutional law. The creation of extraordinary courts shall not be allowed.
Article 119
Judges may be citizens of the Russian
Federation over 25 years of age with a higher education in law and a law
service record of not less than five years. The federal law may introduce
additional requirements for judges of the courts of the Russian Federation.
Article 120
1. Judges shall be independent and submit only to the
Constitution and the federal law.
2. If after considering a case, the court of law decides
that an act of a state or other body contradicts the law, it shall pass an
appropriate decision according to the law.
Article 121
1. Judges shall be irremovable.
2. The powers of a judge be ceased or suspended only on
the grounds and according to the rules fixed by the federal law.
Article 122
1. Judges shall possess immunity.
2. A judge may not face criminal responsibility otherwise
than according to the rules fixed by the federal law.
Article 123
1. Examination of cases in all courts shall be open.
Examinations in camera shall be allowed only in cases envisaged by the federal
law.
2. Trial by default in criminal courts shall not be
allowed except in cases fixed by the federal law.
3. Judicial proceedings shall be held on the basis of
controversy and equality of the parties.
4. In cases fixed by the federal law justice shall be
administered by a court of jury.
Article 124
The courts shall be financed only
from the federal budget and the possibility of the complete and independent
administration of justice shall be ensured in keeping with the requirements of
federal law.
Article 125
1. The Constitution Court of the Russian Federation
consists of 19 judges.
2. The Constitution Court of the Russian Federation upon
requests of the President of the Russian Federation, the Council of the
Federation, the State Duma, one fifth of the members of the Council of the
Federation or of the deputies of the State Duma, the Government of the Russian Federation,
the Supreme Court of the Russian Federation and the Higher Arbitration Court of
the Russian Federation, the bodies of legislative and executive power of the
subjects of the Russian Federation shall consider cases on the correspondence
to the Constitution of the Russian Federation of:
a) the federal laws, normative acts
of the President of the Russian Federation, the Council of the Federation, the
State Duma, the Government of the Russian Federation;
b) the constitutions of republics,
charters, and also the laws and other normative acts of the subjects of the
Russian Federation adopted on the issues under the jurisdiction of the bodies
of state authority of the Russian Federation or under the joint jurisdiction of
the bodies of state authority of the Russian Federation and the bodies of state
authority of the subjects of the Russian Federation;
c) the treaties concluded between the
bodies of state authority of the Russian Federation and the bodies of state
authority of the subjects of the Russian Federation, the treaties concluded
between the bodies of state authority of the subjects of the Russian
Federation;
d) international treaties and
agreements of the Russian Federation which have not come into force.
3. The Constitution Court of the Russian Federation shall
resolve disputes on jurisdiction matters:
a) between the federal bodies of
state authority;
b) between the bodies of state
authority of the Russian Federation and the bodies of state authority of the
subjects of the Russian Federation;
c) between the higher bodies of state
authority of the subjects of the Russian Federation.
4. The Constitution Court of the Russian Federation, upon
complaints about violations of constitutional rights and freedoms of citizens
and upon court requests shall check, according to the rules fixed by the
federal law, the constitutional of a law applied or subject to be applied in a
concrete case.
5. The Constitution Court of the Russian Federation, upon
the requests of the President of the Russian Federation, the Council of the
Federation, the State Duma, the Government of the Russian Federation, the
bodies of the legislative power of the subjects of the Russian Federation,
shall give its interpretation of the Constitution of the Russian Federation.
6. Acts or their certain provisions recognized as
unconstitutional shall become invalid; international treaties and agreements
not corresponding to the Constitution of the Russian Federation shall not be
liable for enforcement and application.
7. The Constitution Court of the Russian Federation, upon
the request of the Council of the Federation, shall provide a conclusion on the
observance of the fixed procedure for advancing charges of treason or of
another grave crime against the President of the Russian Federation.
Article 126
The Supreme Court of the Russian
Federation shall be the supreme judicial body for civil, criminal,
administrative and other cases under the jurisdiction of common courts, shall
carry out judicial supervision over their activities according to federal
law-envisaged procedural forms and provide explanations on the issues of court
proceedings.
Article 127
The Higher Arbitration Court of the
Russian Federation shall be the supreme judicial body for settling economic
disputes and other cases examined by courts of arbitration, shall carry out
judicial supervision over their activities according to federal law-envisaged
procedural forms and provide explanations on the issues of court proceedings.
Article 128
1. The judges of the Constitution Court of the Russian
Federation, the Supreme Court of the Russian Federation, the Higher Arbitration
Court of the Russian Federation shall be appointed by the Council of the
Federation upon the proposals by the President of the Russian Federation.
2. Judges of other federal courts shall be appointed by
the President of the Russian Federation according to the rules fixed by the
federal law.
3. The powers, the rules for forming and functioning of
the Constitution Court of the Russian Federation, of the Supreme Court of the
Russian Federation and the Higher Arbitration Court of the Russian Federation
shall be fixed by the federal constitutional law.
Article 129
1. The Procurator's Office of the Russian Federation shall
form single centralized structure in which procurators are subordinate to
superior procurators and the Procurator-General of the Russian Federation.
2. The Procurator-General of the Russian Federation shall
be appointed and dismissed by the Council of the Federation upon the proposal
of the President of the Russian Federation.
3. The procurators of the subjects of the Russian
Federation shall be appointed by the Procurator-General of the Russian
Federation by agreement with the subjects.
4. Other procurators shall be appointed by the
Procurator-General of the Russian Federation.
5. The powers, organization and the rules of the
functioning of the Procurator's Office of the Russian Federation shall be
determined by the federal law.
CHAPTER 8. LOCAL SELF-GOVERNMENT
Article 130
1. Local self-government in the Russian Federation shall
ensure the independent solution by the population of the issues of local
importance, of possession, use and disposal of municipal property.
2. Local self-government shall be exercised by citizens
through a referendum, election, other forms of direct expression of the will of
the people, through elected and other bodies of local self-government.
Article 131
1. Local self-government shall be administered in urban
and rural settlements and in other areas with the consideration of the
historical and other local traditions. The structure of local self-government
bodies shall be determined by the population independently.
2. Changes in borders of the areas in which local
self-government is administered shall be made with the consideration of the
opinion of the population of the corresponding areas.
Article 132
1. The local self-government bodies shall independently
manage municipal property, form, adopt and implement the local budgets,
introduce local taxes and dues, ensure the protection of public order, and also
solve other issues of local importance.
2. The local self-government bodies may be vested by law
with certain state powers and receive the necessary material and financial
resources for their implementation. The implementation of the delegated powers
shall be controlled by the State.
Article 133
Local self-government in the Russian
Federation shall be guaranteed by the right for judicial protection, for a
compensation for additional expenses emerging as a result of decisions adopted
by state authority bodies, by a ban on the limitations on the rights of local
self-government fixed by the Constitution of the Russian Federation and the
federal laws.
CHAPTER 9. CONSTITUTIONAL AMENDMENTS
AND REVIEW OF THE CONSTITUTION
Article 134
Proposals on amendments and review of
the provisions of the Constitution of the Russian Federation may be submitted
by the President of the Russian Federation, the Council of the Federation, the
State Duma, the Government of the Russian Federation, the legislative
(representative) bodies of the subjects of the Russian Federation, and also by
groups numbering not less than one fifth of the number of the members of the
Council of the Federation or of the deputies of the State Duma.
Article 135
1. Provisions of Chapters 1, 2 and 9 of the Constitution
of the Russian Federation may not be revised by the Federal Assembly.
2. If a proposal on the review of the provisions of
Chapters 1, 2 and 9 of the Constitution of the Russian Federation is supported
by three fifths of the total number of the members of the Council of the
Federation and the deputies of the State Duma, then according to federal
constitutional law a Constitutional Assembly shall be convened.
3. The Constitutional Assembly shall either confirm the
invariability of the Constitution of the Russian Federation or draft a new
Constitution of the Russian Federation, which shall be adopted by the
Constitutional Assembly by two thirds of the total number of its members or
submitted to a referendum. In case of a referendum the Constitution of the
Russian Federation shall be considered adopted, if over half of the voters who
came to the polls supported it and under the condition that over half of the
electorate participated in the referendum.
Article 136
Amendments to the provisions of
Chapters 3-8 of the Constitution of the Russian Federation shall be adopted
according to the rules fixed for adoption of federal constitutional laws and
come into force after they are approved by the bodies of legislative power of
not less than two thirds of the subjects of the Russian Federation.
Article 137
1. Amendments in Article 65 of the Constitution of the
Russian Federation determining the structure of the Russian Federation shall be
introduced on the basis of the federal constitutional law on the admission to
the Russian Federation and the creation of new subjects of the Russian
Federation within it, on changes in the constitutional-legal status of a
subject of the Russian Federation.
2. In case changes are made in the name of a Republic,
territory, region, city of federal importance, autonomous region or autonomous
area, the new name of the subject of the Russian Federation shall be included
in Article 65 of the Constitution of the Russian Federation.
SECOND SECTION
CONCLUDING AND TRANSITIONAL PROVISIONS
1. The Constitution of the Russian Federation shall come
into force from the moment of its official publication according to the results
of a nationwide referendum.
The day of the nationwide referendum
of December 12, 1993 shall be considered to be the day of adopting the
Constitution of the Russian Federation.
Simultaneously
the Constitution (Fundamental Law) of the Russian Federation - Russia, adopted
on April 12, 1978 with all amendments and changes, shall become invalid.
In case of non-compliance with the Constitution of the Russian Federation
of the provisions of the Federal treaty - the Treaty on the Division of
Subjects of Jurisdiction and Powers Between the Federal Bodies of State Power
of the Russian Federation and the Bodies of Authority of the Sovereign
Republics within the Russian Federation, the Treaty on the Division of Subjects
of Jurisdiction and Powers Between the Federal Bodies of State Power of the
Russian Federation and the Bodies of Authority of the Territories, Regions,
Cities of Moscow and St. Petersburg of the Russian Federation, the Treaty on
the Division of Subjects of Jurisdiction and Powers Between the Federal Bodies
of State Power of the Russian Federation and the Bodies of Authority of the
Autonomous Region, and Autonomous Areas within the Russian Federation, and also
other treaties concluded between the federal bodies of state authority of the
Russian Federation and bodies of state authority of the subjects of the Russian
Federation, treaties between the bodies of state authority of the subjects of
the Russian Federation, the provisions of the Constitution of the Russian
Federation shall be applicable.
2. The laws and other legal acts acting in the territory
of the Russian Federation before the given Constitution comes into force shall
be applied in that part which does not contradict the Constitution of the
Russian Federation.
3. The President of the Russian Federation, elected
according to the Constitution (Fundamental Law) of the Russian Federation -
Russia, since the given Constitution comes into force, since carry out the
powers fixed in it until the term of office for which he was elected expires.
4. The Council of Ministers (Government) of the Russian
Federation from the moment when the given Constitution comes into force shall
acquire the rights, obligations and responsibilities of the Government of the
Russian Federation fixed by the Constitution of the Russian Federation and
since then shall be called the Government of the Russian Federation.
5. The courts of the Russian Federation shall administer
justice according to their powers fixed by the given Constitution.
After the Constitution comes into force,
the judges of all the courts of the Russian Federation shall retain their
powers until the term they were elected for expires. Vacant positions shall be
filled in according to the rules fixed by the given Constitution.
6. Until the adoption and coming into force of the federal
law establishing the rules for considering cases by a court of jury, the
existing rules of court examination of corresponding cases shall be preserved.
Until the criminal procedure
legislation of the Russian Federation is brought into conformity with the
provisions of the present Constitution, the previous rules for arrest,
detention and keeping in custody of people suspected of committing crime shall
be preserved.
7. The Council of the Federation of the first convocation
and the State Duma of the first convocation shall be elected for a period of
two years.
8. The Council of the Federation shall meet in its first
sitting on the thirtieth day after its election. The first sitting of the
Council of the Federation shall be opened by the President of the Russian
Federation.
9. A deputy of the State Duma of the first convocation may
be simultaneously a member of the Government of the Russian Federation. The
provisions of the present Constitution on the immunity of deputies in that part
which concerns the actions (inaction) connected with fulfillment of office
duties shall not extend to the deputies of the State Duma, members of the
Government of the Russian Federation.
The deputies of the Council of the
Federation of the first convocation shall exercise their powers on a
non-permanent basis.
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